Agenda packet — Oxnard City Council, April 18, 2023 (part 1 of 2)

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 April 18, 2023
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

Dial Phone Number: (888) 475-4499
Enter Meeting ID: 822 7807 3477
Passcode: 456042
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 virtually 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 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN-PERSON OR 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.
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.

AMENDED AGENDA
C.1 Closed Session – Removed
J.7 Consent Item – Added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 2

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 Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. APPOINTMENT ITEMS (5:00 PM)

1. Fire Department
SUBJECT: Receive an Annual Report for Oxnard Fire Department for 2022 from the Fire Chief.

RECOMMENDATION: That the City Council receive an annual update for 2022 by the Fire Chief regarding the Oxnard Fire Department and his report of future challenges.

Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
C. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Commendation to LULAC's National Educational Service Centers, Inc. on the occasion of it's 50th Anniversary.

2. SUBJECT: Presentation of a Proclamation Designating April 22, 2023 as "Earth Day."

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 3

adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

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

BUSINESS/COMMITTEE REPORTS

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

1. City Clerk Department

SUBJECT: Appointment of Member to Serve on the City’s Parks, Recreation and Community Services Commission (CAGs).
(5 minutes)

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Armando Casillas to the City’s Parks, Recreation and Community Services Commission representing at large.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/TXytoYPzKto
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

J. INFORMATION/CONSENT AGENDA

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

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

Legislative Body: City Council
Contact: Denise Olson, (805) 200-5400

2. City Attorney Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 4

SUBJECT: Easement Deed For Water Facilities from the Vacca Family Trust to the City of Oxnard (APN: 157-0-010-090).

RECOMMENDATION: That the City Council approve the Easement Deed for Water Facilities from the Vacca Family Trust and authorize the Mayor to execute the Certificate of Acceptance attached to the easement, identified at APN 157-0-010-090, located on the north side of the 101 freeway at Springville Road in the City of Camarillo.

(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

3. Fire Department

SUBJECT: A Resolution acknowledging receipt of a report made by the Fire Chief of the Oxnard Fire Department regarding the inspection of certain occupancies as required pursuant to Sections 13146.2 And 13146.3 of the California Health And Safety Code.

RECOMMENDATION: The City Council adopt a resolution acknowledging receipt of a report regarding the inspection of certain occupancies as required pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

4. Public Works Department

SUBJECT: Public Project Agreement 32300334 with Oilfield Electric Company dba Oilfield Electric and Motor for Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2), Specification No. PW 22-46R2.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $481,200 in Project funds for the Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2) [Project C2229/(226504)]:

1. Execution of an Agreement with Oilfield Electric Company dba Oilfield Electric and Motor in the amount of $401,000 for the Project;

2. A Project contingency amount of $40,100 with Oilfield Electric Company dba Oilfield Electric and Motor for a total not to exceed $441,100 for the Project;

3. A Project allocation amount of $40,100 for engineering, inspection, survey and project management for the Project; and

4. Authorize a budget appropriation transfer in the amount of $166,200 from the Water Capital Fund (602) (and the corresponding transfer in from the Water Operating Fund 601) in the Fremont North Resurfacing Project (C1501) to this Project (C2229).

(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

5. Cultural & Community Services Department
SUBJECT: Ventura County Area Agency on Aging Senior Nutrition Program.

RECOMMENDATION: That City Council adopt a resolution authorizing:

4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 5

1. The Cultural and Community Services Director or designee to submit an application for the next Ventura County Area Agency on Aging (VCAAA) Older Senior Nutrition Program grant cycle (July 2023 to June 2024); and

2. If funding is received, authorize the City Manager or designee to execute grant agreements; the Chief Financial Officer or designee to submit financial reports and grant claims and approve or amend budget appropriations for the use of the grant funds; and the City Manager or designee to submit non-financial reports.

Contact: Terrel Harrison, (805) 385-7994

6. Public Works Department
SUBJECT: First Amendment to Agreement A-8396 with LSY Enterprise Inc. for On-Call Professional Engineering Services.

RECOMMENDATION: That City Council approve and authorize the execution of an Amendment to a Professional Services Agreement with LSY Enterprise Inc. in the amount of $500,000 for a new not to exceed contract amount of $1,500,000 for On-Call Professional Engineering Services.

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

7. Housing Department
SUBJECT: Authorize the Submission of an Application to the Homekey Program in Partnership with Cabrillo Economic Development Corporation.

RECOMMENDATION: That the City Council adopt a resolution approving and authorizing the City Manager or Designee to submit an application to the State of California Department of Housing and Community Development (HCD) for the Homekey Program and authorizing the City Manager to accept the grant funds upon award and approval of the HCD Agreement.

Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
K. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Project Name: Street Vacation; Planning and Zoning (PZ) Permit No. 21-660-03 (Street Vacation)- A Resolution to vacate an approximately 1,000-square foot undeveloped right-of-way located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area. (15 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing; and

2. Find the Project to be consistent with Final Mitigated Negative Declaration (MND) 22-03 prepared for the Ventura Road Electronic Billboard Project and therefore exempt from further environmental review pursuant to Sections 15162 through 15164 and 15183 of the CEQA Guidelines; and

3. Adopt a Resolution to vacate its right, title and interest in an approximately 1,000-square foot undeveloped right-of-way located on the north side of the U.S. 101 and immediately 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 6

west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101); and

4. Authorize the Mayor to sign a Quitclaim Deed vacating the right-of-way easement to the City of Oxnard, as the underlying property owner.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/juFnLDqpFs8
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
L. REPORTS

1. Public Works Department
SUBJECT: Termination of Local Emergency Due to Water Shortage Emergency Conditions. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution proclaiming the termination of a local emergency due to water shortage emergency conditions.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HjP9ZDiEmo4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Declaration of a Stage 1 Water Shortage Condition with New Mandatory Water Conservation Measures. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution declaring a stage one water shortage implementing water conservation measures pursuant to the City’s Water Shortage Contingency Plan, and rescinding Resolution No. 15,569.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Z2IDtrXWqQk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Amended Budget Appropriations for Public Works for Fiscal Year 2022-23. (10 minutes)

RECOMMENDATION: That the City Council approve:

1. A project budget appropriation from insurance proceeds in the amount of $272,636 within the General Fund (101) for the Durley Park Concessions Building Repairs Project (TBD);

2. Fiscal Year 2022-23 budget appropriations from the available fund balance in the amount of $75,000 from the General Fund (101) to the Stormwater Fund (114) for stormwater related expenses; and

3. Fiscal Year 2022-23 budget appropriations from the available fund balance for an amount not to 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 7

exceed $500,000 from the Fleet Maintenance Fund (741) for any unanticipated fuel increases through June 30, 2023.

(Public Works and Transportation Committee approved 2-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uDEP_HO3meY
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Agreement 32300365 with Dial Security for Security Guard Services at Various City Locations. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. The use of the City of Ventura’s City Wide Security Guard Services Agreement, which includes a piggyback provision, to establish a security guard service agreement for the City of Oxnard;

2. The Mayor to execute an Agreement with Dial Security, for an initial term starting May 1, 2023, ending June 30, 2023, with the option to extend through December 31, 2023, and for a total contract not-to-exceed amount of $850,000 for security guard services at various City locations; and

3. The Purchasing Agent to execute an amendment to Agreement 32300365 to exercise the option to extend, through December 31, 2023, if needed.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/tQAtV4HNgMo
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Community Development Department

SUBJECT: Second Amendment to the Off-Site Improvement Agreement associated with Del Sol High School located near the northeast corner of Rose Avenue and Camino Del Sol (APN: 214-0- 020-635) (25 minutes)

RECOMMENDATION: That the City Council:

1. Finds that the Project is not subject to additional environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section 21083 et. seq.) Guidelines Section 15168(c)(4)-(5) and (e); and

2. Approve the Second Amendment to the Off-Site Improvement Agreement between the City of Oxnard and the Oxnard Union High School District for Public Improvements required for the Construction of the Del Sol High School.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-ujAnhITIVw
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 18, 2023 PAGE 8

6. City Manager Department
SUBJECT: Resolution opposing the Taxpayer Protection and Government Accountability Act. (10 minutes)

RECOMMENDATION: That the City Council adopt a Resolution opposing Initiative No. 21- 0042A1, known as the Taxpayer Protection and Government Accountability Act, which will appear on the November 5, 2024, ballot.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/hWiM8oPIwbw
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

7. City Manager Department
SUBJECT: Consequence of Latest Aaron Starr Lawsuit Blocking the City's Bond Financing Mechanism (30 minutes)

RECOMMENDATION: That the City Council receive and file an update on the budgetary impacts of the litigation filed by Aaron Starr challenging the 2022 Lease Revenue Bonds, which blocks financing of many necessary capital projects/needs to move Oxnard forward.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/lP2CrGiopyA
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
M. ADJOURNMENT

8 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. B.1

DATE: April 18, 2023

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Receive an Annual Report for Oxnard Fire Department for 2022 from the Fire Chief.

RECOMMENDATION

That the City Council receive an annual update for 2022 by the Fire Chief regarding the Oxnard Fire Department and his report of future challenges.

BACKGROUND

The Fire Chief will provide a verbal update to the City Council on the Oxnard Fire Department.

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

Adoption of Resolution has no immediate fiscal impact to the City.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Alexander Hamilton, Fire Chief

ATTACHMENTS

1. 4.18.23_OFD Annual Report_FINAL

9 1
10 2022 Year in Review Video
2 11
Incident Highlights
3 12
Incident Highlights
4 13
2022 By the Numbers
5 14
2022 By the Numbers
6 15
Highlights Since T aking Command of the Agency
7 16
Fire Department Areas of Responsibility
8 17
More about Fire Preventions Roles
9 18
Fire Prevention
10 State Mandated Inspections
19 Fire Prevention
11 State Mandated Inspections
20 Statistics
12 21
Fire Death Issues
13 22
How are we going to solve this problem?
14 23
New Challenges
15 24
Other Future Plans/Goals
16 25
Example of Performance Dashboards
17 26
Interoperability / Partnerships
18 27
19 28

CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. G.1

DATE: April 18, 2023

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Appointment of Member to Serve on the City’s Parks, Recreation and Community Services Commission (CAGs).
(5 minutes)

RECOMMENDATION

That the Mayor, with the approval of the City Council, appoint Armando Casillas to the City’s Parks, Recreation and Community Services Commission representing at large.

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

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), including the Parks, Recreation and Community Services Commission. 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.

DISCUSSION

The Parks, Recreation and Community Services Commission (PRCSC) is concerned with all matters pertaining to the parks, recreation and community services activities in the City. The PRCSC serves as a liaison between the City Council and the community on matters related to parks, recreation and community services activities in the City. The Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Mayor Zaragoza nominates Armando Casillas to serve at large. This individual 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 commissions, 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.
29 COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Dee Lai, Assistant City Clerk

ATTACHMENTS

1. Presentation

30 Dee Lai, Assistant City Clerk
Appointment of Member to Serve
on the City’s Parks, Recreation,
and Community Services
Commission
City Council
April 18, 2023
31 RECOMMENDATION 2
That the Mayor, with the approval of the City
Council, appoint Armando Casillas to serve on
the Parks, Recreation, and Community
Services Commission representing at large.
32 3

PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Function
Is concerned with all matters pertaining to the parks,
recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters.

Requirements 7 members must reside in City and be over age 18 Nomination Mayor Zaragoza nominates Armando Casillas (At Large) 33 THE END
4 34

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1

DATE: April 18, 2023

TO: City Council

FROM: Denise Olson, Interim Chief Financial Officer, (805) 200-5400, [email protected]

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

RECOMMENDATION

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

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 were no material weaknesses. For FY 2021-22, there were no new findings for accounting and financial management; only two prior findings remain unresolved. FY 2021-22 is the third year in a row where the City had no material weaknesses. Below is a table summarizing the 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
FY 2021-22 0 0 186
35 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 & Governance Committee, and to City Council, every six months.

DISCUSSION

During our FY 21-22 Single Audit, Eadie + Payne determined that the City of Oxnard sufficiently completed the corrective action plan for the findings identified in the FY 20-21 audit related to the CDBG HUD findings. Only two findings remain outstanding; the findings related to (1) the Indirect Cost Allocation Plan Update and (2) the Information Technology General Controls.

We have continued to make progress on the corrective actions for both findings. For the Indirect Cost Allocation Plan finding, the City of Oxnard has developed a central cost allocation plan that includes a cost allocation method for indirect costs. The City plans to complete the indirect cost rate this spring. The City Council will continue to receive updates on the IT General Controls findings through separate confidential reports.

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 March 28, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls, Denise Olson, Interim Chief Financial Officer

ATTACHMENTS
None

36 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: April 18, 2023

TO: City Council

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

SUBJECT: Easement Deed For Water Facilities from the Vacca Family Trust to the City of Oxnard (APN: 157-0- 010-090).

RECOMMENDATION

That the City Council approve the Easement Deed for Water Facilities from the Vacca Family Trust and authorize the Mayor to execute the Certificate of Acceptance attached to the easement, identified at APN 157-0-010-090, located on the north side of the 101 freeway at Springville Road in the City of Camarillo.

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

BACKGROUND

The City owns and maintains an underground water line between Calleguas Municipal Water District facilities and the City of Oxnard Water facilities. The City holds certain easements on, over and under private property that allow the water line to run underneath certain parcels. A majority of the water line is underneath the public right of way. A portion of the water line runs underneath property owned by the Vacca Family Trust.

Lennar Homes intends to develop a parcel of land located in the City of Camarillo. The Lennar development borders the City's current water facilities easement that runs on a portion of private property, owned by the Vacca Family Trust, just north of the 101 freeway at Springville Road in Camarillo. As part of Lennar's development of the property, it had to obtain permission from the City of Oxnard to work within the City's easement. The City of Camarillo required Lennar to prepare tract maps for its development of the property. Lennar, during the planning phase and working with Oxnard City staff, determined the existing location of the City's pipeline and easement boundaries, in relation to historic surveyed boundary and property lines, was not accurately represented in the former easement deed. Lennar worked with the Vacca Family to update the City's water facility easement, which is now before this committee for consideration.

The location of the easement as described in the Easement Deed, attached to this report, has been reviewed by a civil engineer in the Oxnard public works department and has been determined to be accurate. This easement for the water line running underneath the Vacca Family's property and adjacent to the Lennar Development is critical to the City's water infrastructure. Acceptance of the easement ensures the City's rights are properly defined and protected. Accordingly, staff recommends the approval and acceptance of the Easement Deed.

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

37 There is no financial impact.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on March 28, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. Easement Deed for Water Facilities

38 39
40 41
42 43
44 45

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: April 18, 2023

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

RECOMMENDATION

The City Council adopt a resolution acknowledging receipt of a report regarding the inspection of certain occupancies as required pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

BACKGROUND

The California State Fire Marshal, through the California’s Health and Safety Code, mandates that certain occupancies be inspected annually. In December 2016, a deadly fire at an Oakland warehouse (known as the “Ghost Ship”), killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The outcome of the investigations from this tragic incident determined that even though the State required annual inspections of various occupancies, the inspection reports were not mandated to be reported to any governing body, which could have established accountability and enforcement in ensuring that structural facilities are in compliance with building safety standards. Consequently, on September 27, 2018, SB 1205, authored by Senator Jerry Hill, was approved by the Governor legislating the reporting of annual inspections to its administering authority (such as the City Council) in a resolution or a similar formal document.

SUMMARY

On September 27, 2018, the Governor approved California Senate Bill 1205 (SB 1205), which added Section 13146.4 to the California Health and Safety Code affecting every fire department or fire district in the State. In addition to the current State regulation of conducting annual building inspections for fire safety purposes, the new bill requires that each fire department or district’s administering authority (such as a City Council) to formally acknowledge receipt of the compliance report in a resolution or a similar formal document.

To comply with this new mandate, it is recommended that the City Council adopt Resolution No. XXXX acknowledging receipt of a report made by the Fire Chief of the Oxnard Fire Department regarding the inspection of certain occupancies as required pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. The subject occupancies are public and private schools, hotels, motels, lodging houses, and apartment houses, including residential care facilities.

DISCUSSION

The attached Resolution and its adoption will serve as a formal document to fulfill the annual fire inspection reporting requirements of the law pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. According to this law, annual building inspections and reporting must be conducted on two groups of occupancies: Educational Group E and Residential Group R.

Educational Group E occupancies consist of public and private schools used by more than six persons at one time for 46 educational purposes through the 12th grade. Further, Residential Group R occupancies are those containing sleeping units such as hotels, motels, lodging homes, and apartments (three units or more) including residential care facilities.

Over the past few years, the City of Oxnard has strived to consistently and diligently conduct its annual fire inspections to meet the State’s annual inspections requirement pursuant to the California Health and Safety Code. In compliance with the calendar year 2022 reporting period, Group E (Educational Occupancies) had 45 buildings, structures, and/or facilities that were inspected. In Group R (Residential Occupancies), 835 occupancies were inspected. The educational occupancy group achieved a compliance rate of 82% and the residential occupancy group achieved a compliance rate of 51%. Copies of the individual inspection reports can be made available to the public upon request.

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

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 28th 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief

ATTACHMENTS

1. SB1205 Resolution (1) (2)

47 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OXNARD ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF

THE OXNARD FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES AS REQUIRED BY SECTIONS 13146.2 AND 13146.3 OF THE

CALIFORNAI HEALTH AND SAFETY CODE

WHEREAS, California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and

WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Oxnard Fire Department (“OFD”), that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facility for compliance with building standards; and

WHEREAS, the City Council of the City of Oxnard intends by adoption of this Resolution to fulfill the requirements of the California Health & Safety Code regarding its acknowledgment of receipt of OFD’s compliance status with California with California Health & Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD HEREBY RESOLVES AS FOLLOWS:

SECTION 1. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools used by more than six persons at any one time for educational purposes through the 12 th grade. Within the City there lie 55 Group E occupancies, buildings, structures, and/or facilities.

During calendar year 2022, the OFD completed the annual inspection of 45 Group E occupancies, buildings, structures, and/or facilities. This is a compliance rate of 82% for this reporting period.

SECTION 2. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have number of different sub-classifications, and they may contain residents or clients that have a range 48 Resolution No.

Page 2 ends

of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City, there are 1698 Group R (and their associate sub-categories) occupancies of this nature.

During the calendar year of 2022, the OFD completed the annual inspections of 863 Group R occupancies, buildings, structures, and/or facilities. This is a compliance rate of 51% for this reporting period.

PASSED AND ADOPTED this18th of April, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
John C. Zaragoza
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Rose Chaparro
Stephen M. Fischer
City Clerk City Attorney
49 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: April 18, 2023

TO: City Council

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

RECOMMENDATION

That the City Council approve and authorize the following for a total of $481,200 in Project funds for the Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2) [Project C2229/(226504)]:

1. Execution of an Agreement with Oilfield Electric Company dba Oilfield Electric and Motor in the amount of $401,000 for the Project;

2. A Project contingency amount of $40,100 with Oilfield Electric Company dba Oilfield Electric and Motor for a total not to exceed $441,100 for the Project;

3. A Project allocation amount of $40,100 for engineering, inspection, survey and project management for the Project; and

BACKGROUND

This Project will replace vital electrical equipment at the Water Yard, ensuring the availability of standby power and the ability to maintain operations during Southern California Edison (SCE) supply disruptions. The scope consists of replacing one existing automatic transfer switch (ATS), two electrical panels, each containing two 1,000 amp breakers, providing temporary power throughout construction and all other appurtenant and associated work. The existing equipment was originally installed in the 1970’s and has far exceeded its intended useful life.

Capital Improvement Program (CIP) Reference:

Project No. C2229/(226504)– Blending Station 1 Automatic Transfer Switch and Panel Replacement (REBID 2) Project (“Project”) - CIP 2020-2025 - Adopted May 3, 2022 – Page 129.

DISCUSSION

An ATS monitors SCE power supply, transferring the supply from SCE to standby generators when there is a disruption in service. The ATS and associated electrical panels have not operated correctly, requiring an on-call operator to manually transfer to standby power and reset the circuit breakers. The specific work for this Project includes shutting down electric service in cooperation with SCE and furnishing temporary power throughout the Project, traffic control, 50 demolition of existing automatic transfer switch and Meter Main and Distribution Board, furnishing and installing new automatic transfer switch, meter main and distribution boards, feeder cables, commissioning and startup, and all other appurtenant and associated work in accordance with the Contract Documents.

This project was originally bid on July 7, 2022 and October 10, 2022 but all bids were rejected. Minor revisions were made to the project specifications and a new notice inviting formal bids (NIFB) was published on February 16, 2023. All bids were due on March 6, 2023 and the City received three (3) bids for the project including the following:

Oilfield Electric Company dba Oilfield Electric and Motor: $401,000 Venco Electric, Inc.: $607,500
Waisman Construction, Inc.: $870,000

The lowest bidder is Oilfield Electric Company dba Oilfield Electric and Motor and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Oilfield Electric Company dba Oilfield Electric and Motor. 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 Oilfield Electric Company dba Oilfield Electric and Motor.

In addition to the project award amount of $401,000, staff recommends authorizing $80,200 for the project, which includes $40,100 for project contingency (10% of the contract costs) and $40,100 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $481,200.

Since the original estimate in 2021, the cost of building materials and the general inflation on all consumer items and labor has increased. Specifically, we have seen increased costs for major electronic components in other recently bid projects by the City, resulting in exceeding the original engineer's estimate. Because of these outside influences, the Project does not have sufficient funds to be completed. As such, staff is recommending the appropriation of Water Capital Fund (602) from the Fremont North Resurfacing Project (C1501). The Fremont North Resurfacing Project has been completed and has sufficient funds remaining of $234,070 from the Water Capital Fund (602) for this transfer.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project shall not exceed $481,200 which includes the construction agreement, contingency and project allocation. There is approximately $315,000 from the Water Capital Fund (602) remaining in the Project budget.

A project budget appropriation transfer of $166,200 from the Water Capital Fund (602) from the Fremont North Resurfacing Project (C1501) is recommended to provide sufficient funds to award the Project contract. The Fremont North Resurfacing Project (C1501/(153117)) has been completed and has sufficient funds remaining of $234,070 from the Water Capital Fund (602) for this transfer.

Project Fund Project Budget
Balance
Additional
Appropriations
New Total Available Project
Appropriations
C2229/(226504) Water Capital
Fund (602)
$315,000 $166,200 $481,200
51 For Finance Use Only: Water Capital Fund (Org. 6023600, Obj. 5XXXX & 49300, Project C1501-153117 Fremont North Resurfacing & Project C2229 - 226504 Blend Station 1 ATS&Panel), Water Operating Fund (Org. 6011001, Obj. 59800, Project C1501 & C2229)

COMMITTEE OUTCOME

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

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32300334

52 Agreement No. 32300334

1 CONTRACT

CITY OF OXNARD CONTRACT FOR
BLENDING STATION 1 AUTOMATIC TRANSFER SWITCH AND PANEL REPLACEMENT PROJECT (REBID 2), SPECIFICATION NO. PW 22-46R2

THIS CONTRACT (“Contract”) is made and entered this 18th day of April, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and OILFIELD ELECTRIC COMPANY dba OILFIELD ELECTRIC & MOTOR (“Contractor”).

Contractor’s license number is 125250.

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 Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Technical Specifications, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2), Specification No. PW 22-46R2 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Four Hundred and One Thousand Dollars ($401,000.00), in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. 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 the Clayton Act (15 U.S.C.

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

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made av ailable 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.

6. 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 53 Agreement No. 32300334

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.”

7. Titles. The titles used in 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.

8. 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.

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

10. Amendment. No Contract modification, amendm ent or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract trans mitted 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.

[signatures on following page]

54 Agreement No. 32300334

3 IN WITNESS WHEREOF, the partie s hereto have executed the Agreement on the date first written above.

CITY OF OXNARD OILFIEL D ELECTRIC COMPANY dba

OILFIELD ELECTRIC & MOTOR

☒John C. Zaragoza, Mayor1 Date Alan D. Fletcher, C.E.O. Date ☐Jennifer Yates, Purchasing
Manager2

Jana D. Fletcher, Secretary 3 Date

A T T E S T :

Rose Chaparro, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 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.

55 Agreement No. 32300334

4 Exhibit INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any servi ces under this Contract the following insurance against claims for injuries to persons or damage s to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial Gene ral Liability Coverage (Occu rrence 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. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liab ility 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. Course of Construction Insurance providing coverage fo r “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.

e. Workers’ Compensation Insurance in compliance with th e laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. 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-E. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind c overage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manage r. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to re quire complete certified copies of all required insurance policies at any time. The certificates of insu rance and endorsements shall be sent via email. If you have n ot received your request or are having difficulty with electronic upload, contact [email protected]

3. Contractor agrees that all insurance coverages shall be pr ovided 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 w ithout 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Contractor agrees that the Commercial General Liability a nd Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability aris ing out of activities performed by or on behalf of Contractor; pr oducts and completed operations of Contractor; premises owned, occupied or used by Contractor; or autom obiles 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-E 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 cont ributing 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 Ci ty. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, empl oyees 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 insure r’s liability.

6. Any 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 rete ntions as respects City, its Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond gua ranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide prope r evidence of coverage upon receipt of a written request from the Risk Manager.
56 Agreement No. 32300334

5 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to t he insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable ce rtificate 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 sample accord form.

57 Agreement No. 32300334

6 SAMPLE

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

PRODUCER

THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMAT ION 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 PERIO D INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N 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

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

GENERAL AGGREGATE
$2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS

EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

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 Contract, Course of Construction Insurance

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

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

AUTHORIZED REPRESENTATIVE

Signature
(original signature required)

Telephone: ( ) Date Signed

58 Agreement No. 32300334

7 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
SAMPLE
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
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 insur eds with regard to liability and defense of suit s 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 t o the City; or (c) premises leased by the nam ed insured from the City, the insurance af forded by this policy shall be primary ins urance as respects the Ci ty, 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 s hall 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 t he 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 Co mmercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at leas t 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, conditi ons, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

59 Agreement No. 32300334

8 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
SAMPLE
APPLICABILITY. This insurance pertains to the o perations, products and/or tenancy of the named insured under all written agreement s and permits in force with the City unless checked here in which case only the following s pecific 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 inco nsistent 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 incl uded as insureds with regard to liability and defense of suit s 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 t o the City; or (c) premises leased by the named insured from the City, the insurance a fforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary c overage. 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.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance sh all 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.

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

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condit ions, agreements or exclusions of the policy to wh ich this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

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

60 Agreement No. 32300334

9 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to Oilfield Electric Company dba Oilfield Electric & Motor, 1801 N. Ventura Av, Ventura, CA 93001 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2), Specification No. PW 22-46R2.

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 Payment 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, 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, and our heirs, assignees, successors, executors a nd 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 referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Four Hundred and One Thousand Dollars ($401,000.00), this amount being not less than one hundred percent (100%) of the total 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 persons, 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.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 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 61 Agreement No. 32300334

10 Labor Code Section 1771.2, if the condition of this Bond 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 Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code 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)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. 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.
62 Agreement No. 32300334

11 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to Oilfield Electric Company dba Oilfield Electric & Motor, 1801 N. Ventura Av, Ventura, CA 93001 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Blending Station 1 Automatic Transfer Switch and Panel Replacement Project (REBID 2), Specification No. PW 22-46R2.

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 Four Hundred and One Thousand Dollars ($401,000.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United St ates of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH 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, 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, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; 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 statutes 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 thereunder or the Specifications accompanying the same 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 or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 63 Agreement No. 32300334

12 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.

D a t e d :

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

Agreeme
ent No. 3230
00334

65 EX
XHIBIT A‐2

Agreeme
ent No. 3230
00334

66 COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: April 18, 2023

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

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Ventura County Area Agency on Aging Senior Nutrition Program.

RECOMMENDATION

That City Council adopt a resolution authorizing:

BACKGROUND

The City of Oxnard operates four senior centers, and nutrition services are provided as part of the City’s offerings. Nutrition services include the procurement, preparation, transport, and service of meals in both congregate settings and in seniors’ homes. Nutrition services also include outreach, client assessments (for home-delivered meals), monthly program reporting, and fiscal administration. The program’s objective is to provide high-quality, nutritionally balanced meals, nutrition counseling and education, and related supportive services to persons age 60 years and older.

The senior nutrition program will provide approximately 20,060 congregate meals at three of the City’s four senior centers. In addition, approximately 33,240 meals will be delivered to home-bound seniors. Funding for these services is provided through the Older Americans Act, Title HIC. The application is being submitted for Fiscal Year 2023-2024.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

67 The recommended budget for Fiscal Year 2023-24 will include the Ventura County Area Agency on Aging Older American Act Senior Nutrition Program grant funds in the amount of $176,669 (Fed. Term Grant Fund - 2005503). In addition to the grant funding, there is a projected total donation amount of $13,000 anticipated from the program participants which will also be included in the Fiscal Year 2023-24 recommended budget (Fed. Term Grant Fund - 2005501). There is a 10% required in-kind match of $17,667, which will be met by permitting the program to use the City-owned facility.

Prepared by: Marisue Eastlake, RDVP Director

ATTACHMENTS

1. 2023 Senior Nutrition Program Resolution

68 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF GRANT APPLICATION
WHEREAS, City Council Resolution No. 12,053 sets out the procedures by which City staff may submit grant applications, following approval of the City Council; and WHEREAS, the Cultural and Community Services Department has requested that City Council approve the submittal of an application to the Ventura County Area Agency for $176,669 in the Senior Nutrition Program Grant to be used for the Senior Nutrition Program.

NOW, THEREFORE, the City Council of the City of Oxnard hereby resolves to approve the submittal of a grant application by the City Manager for the Ventura County Area Agency on Aging Senior Nutrition Program Grant. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims; and the City Manager or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS 18th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
John Zaragoza, Mayor
69 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6

DATE: April 18, 2023

TO: City Council

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

SUBJECT: First Amendment to Agreement A-8396 with LSY Enterprise Inc. for On-Call Professional Engineering Services.

RECOMMENDATION

That City Council approve and authorize the execution of an Amendment to a Professional Services Agreement with LSY Enterprise Inc. in the amount of $500,000 for a new not to exceed contract amount of $1,500,000 for On-Call Professional Engineering Services.

(Public Works and Transportation Committee approved 2-0)

BACKGROUND

On June 30, 2021, the Public Works Department sent out a Request For Qualifications (RFQ) for Multi-Year On-Call Professional Engineering Services. The RFQ solicited proposals for various professional on-call engineering services that included Traffic Engineering. This service is required due to specific traffic engineering needs of various projects and programs. The LSY Engineering Inc. (LSY) was awarded a three-year professional services agreement at the City Council meeting on December 21, 2021.

DISCUSSION

The primary purpose of the on-call contract is to provide professional traffic engineering support with the application of traffic engineering principles and practices to enhance safety and the efficient movement of pedestrians, bicyclists, and vehicular traffic of people and goods. This continued need is a result of staffing shortages within the Transportation and Mobility Division, especially the recently vacant position of City Traffic Engineer along with the vacant positions of Associate Traffic Engineer, Traffic Operations Engineer, and Traffic Signal Technician.

Since the awarding of the original professional services agreement to LSY on December 21, 2021, task orders to provide the following services have been issued:

• Assess Traffic Engineering Division operations and functions and provide findings and recommendations for improvement
• Review and develop traffic investigation, traffic calming options (e.g. speed humps), evaluation, and studies • Review and develop traffic engineering design plans
• Assist with the management of the traffic signal system, including the Traffic Management Center (TMC) and integration of ITS
• Evaluate and develop engineering projects and programs • Review and provide guidance on modifications or development of policies • Assist with developing and enhancing traffic data collection, organization, and management • Staff training in the various traffic engineering disciplines, which may include traffic collision, circulation, and intersection operation
70 • Traffic circulation, construction traffic management, and traffic safety evaluations • Assist the City and schools with school area traffic-related issues and concerns • Assist with entitlement project reviews and incorporation of SB 743 and local traffic impact analysis

As of the date of writing this staff report, the total amount of all current tasks orders is $372,228. The additional requested $500,000 will allow for continued services by LSY to assist with the vacant positions in the Transportation Engineering Division along with specialized transportation expertise.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total amount of this First Amendment to Agreement A-8396 with LSY Enterprises Inc. is for an additional $500,000 with a new not to exceed contract value of $1,500,000 for on-call professional transportation engineering and planning services, and traffic engineering support and expertise in the application of Traffic Engineering principles and practices.

There is no change to the current term date of December 21, 2024.

Funds for Fiscal Year 2022-23 for $65,000 in estimated spending are available in the Fiscal Year 2022-23 Operating Budget in the Transportation and Mobility Division (1013102-53200) for these traffic engineering services. Future Fiscal Year budgets will include recommendations for the City Council’s consideration for funding to account for future task orders, if necessary.

For Finance Use Only: General Fund (Org. 1013102, Obj. 53200)

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on March 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Debbie O'Leary, Transportation Planner

ATTACHMENTS

1. LSY A-8396 First Amendment

2. LSY A-8396 EXECUTED

71 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19))

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

This First Amendment (“First Amendment”) to the Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this _18_ day of April, 2023 by and between the City of Oxnard, a municipal corporation (“City”), and LSY Enterprise Inc. (“Consultant”). This First Amendment amends the Agreement entered into on December 21, 2021, by City and Consultant.

City and Consultant agree as follows:

1. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to “$1,500,000.”

2. The reference to the Rates and Costs Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Rates and Costs Exhibit as of April 18, 2023. The Rates and Costs Exhibit is hereby disincorporated; instead, the Rates and Costs Exhibit as of April 18, 2023 is attached hereto and incorporated herein by this reference.

3. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]

72 Agreement No.

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19))

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD LSY Enterprise Inc.

☒John C. Zaragoza, Mayor 1 Date Andrew Yi, CEO Date ☐Jennifer Yates, Purchasing Agent 2

Ellen Yi, CFO 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000 . 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board Pres ident, CEO or Vice President and of the Board Secre tary, 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 signe rs, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 73 LSY ENTERPRISE
Rates and Costs as of April 18, 2023 Exhibit

LSY Enterprise Hourly Rates
LSY Enterprise standard billing rates are displayed below based on classifications.

Classification Hourly Billing Rate Principal-in-Charge $205.00
Project Manager $195.00
Traffic/Civil Engineer $195.00
Traffic Signal Engineer $170.00
Transportation Planner $170.00
Engineering Technician $115.00
Analyst $110.00
Administration $90.00
Overtime, Night, Holiday & Weekend Work 130% of the rates listed above Subconsultant Mark Up (10%) ………………………………………….….…... processing, handling, and quality control

Billing rates are subject to change annually based on the Cost-of-Living index, not to exceed 5% per year. Updated rates will be mutually agreed upon between the Consultant an d the City prior to any new rates taking place.

LIN Consulting Inc.

Standard Fe e Schedule

STAFF LEVEL HOURLY RATE
Principal $ 205
Senior Project Manager $ 195
Project Manager $ 185
Senior Engineer $ 175
Assistant Project Manager $ 165
Project Engineer $ 140
Assistant Engineer $ 115
Technical Support $ 95
Administrative Support $ 55
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.7

DATE: April 18, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Authorize the Submission of an Application to the Homekey Program in Partnership with Cabrillo Economic Development Corporation.

RECOMMENDATION

That the City Council adopt a resolution approving and authorizing the City Manager or Designee to submit an application to the State of California Department of Housing and Community Development (HCD) for the Homekey Program and authorizing the City Manager to accept the grant funds upon award and approval of the HCD Agreement.

BACKGROUND

On March 29, 2023, the State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for approximately $736 million in grant funding for the Homekey Program (Homekey). Building on the success of both Project Roomkey and the first two rounds of Homekey, this Program is a statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or At Risk of Homelessness, and who are, thereby, disproportionately impacted by and at increased risk for medical diseases.

Funds under the Homekey Program are available to local public entities to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings and other buildings, and convert them into interim or permanent, long-term housing. Local public entities may apply independently or may apply jointly with a nonprofit or for-profit developer as a Co-Applicant. Applications for Homekey funding will be accepted by HCD between April 24, 2023 through July 28, 2023 or until funds are expended, whichever comes first. Therefore, applicants are encouraged to apply for funding as soon as possible. An award will be made within sixty to ninety days of submission of a complete application and required documentation.

DISCUSSION

In response to the Homekey Program NOFA, staff is proposing that the City of Oxnard, with Cabrillo Economic Development Corporation (CEDC) as a Co-Applicant, apply for Homekey funds for the acquisition, rehabilitation, and operating subsidy costs of the fifty-five-room Del Playa Inn Hotel, located at 711 West Hueneme Road in Oxnard. The property is a 1.13-acre property fronting Hueneme Road adjacent to South J Street. Based on the 2023 Point and Time Count conducted, there are 838 people experiencing homelessness in the City of Oxnard on any given night. This funding opportunity will assist the City to address homelessness in Oxnard.

CEDC is a non-profit corporation that works to provide affordable housing to low-income households for sale or for rent. For the past thirty-nine years the CEDC has been one of the leading nonprofit housing developers in Ventura County and currently manages twenty-three owned properties in Ventura County totaling 1,129 apartments, including three special needs housing developments in Oxnard.

PROJECT DESCRIPTION

93 Conceptually, the proposed project will include acquisition of the Del Playa Inn Hotel and repurposing fifty-three existing units into permanent supportive housing single room occupancy units with kitchenettes, private bathrooms, two manager’s units, and daily access to an on-site homeless services center providing supportive services as well as access to supportive services staff of CEDC. CEDC will construct the homeless services center that will provide homeless individuals and tenants of the permanent supportive housing units supportive services and access to onsite amenities such showers, restrooms, laundry facilities, and storage. These on-site amenities and services are commonly referred to as a “day drop in center”.

PROPOSED GRANT APPLICATION

The total development budget is estimated to be approximately $24 million. Staff proposes to apply to the State of California for $17,600,300 from the Homekey program as the majority funding source for this Project. It is anticipated that the mixed-use project could require an approximately $2.5 million contribution from the City. The balance of the development budget is anticipated to be from CEDC and private sources.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact as a result of this City Council action. However, if the Project is awarded Homekey funding then staff will return to the City Council to appropriate the grant funding and identify a funding source to pay for the City’s contribution to the Project of approximately $2,500,000. Staff is seeking authorization to accept a special allocation of grant funds from the State of California identified in the budget legislation for this year. Additionally, staff may seek to allocate funding from the previously appropriated ARPA funds for the redevelopment of the Hueneme Road commercial corridor.

COMMITTEE OUTCOME

This item did not originate in Committee. This is an urgency item that meets the exception of Resolution No. 15,286, Section F (5).

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Del Playa Inn Homekey Resolution

94 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

AUTHORIZING A JOINT APPLICATION TO AND PARTICIPATION

IN THE HOMEKEY PROGRAM FOR THE DEL PLAYA INN
WHEREAS, The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

WHEREAS, The City of Oxnard (“Co-Applicant”) desires to jointly apply for Homekey grant funds with Cabrillo Economic Development Corporation (“Corporation”). Therefore, Co- Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.

WHEREAS, The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD RESOLVES AS FOLLOWS:

Section1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $20,000,000.

Section 2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $20,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

Section 3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

Section 4. The City Manager is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program. ///
///
///
///
95 ///
ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 18th day of April, 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
96 CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.1

DATE: April 18, 2023

TO: City Council

FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]

RECOMMENDATION

That the City Council:

1. Conduct a public hearing; and

3. Adopt a Resolution to vacate its right, title and interest in an approximately 1,000-square foot undeveloped right- of-way located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101); and

4. Authorize the Mayor to sign a Quitclaim Deed vacating the right-of-way easement to the City of Oxnard, as the underlying property owner.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/juFnLDqpFs8

BACKGROUND

On October 15, 2020, the City received a development application for a submitted request to approve Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation) to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. This application was dependent upon an amendment to the RiverPark Specific Plan (RPSP) and an ordinance amendment allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code (OCC). The amendment to the OCC and RPSP was approved by the City Council on March 21, 2023 (first reading), with the second reading scheduled for April 18, 2023. The amendment allows up to four Freeway Adjacent Digital Display Billboards within the City, subject to specific conditions. The project represents the first development in one of the four possible signs. The vacation would not occur unless the amendments to the OCC and RPSP are approved at the second reading.

The Project site is within the current street right-of-way and is proposed to be vacated. On March 21, 2023, the City Council approved a Special Use Permit for the Ventura Road Electronic Billboard Project. As part of the project, the 97 Applicant was required to request the vacation of the subject right-of-way easement. As the underlying property owner, the City of Oxnard will retain ownership, making it a City-owned property.

The process for a right-of-way vacation is outlined in the Streets and Highways Code Section 8320. Pursuant to Streets and Highways Code Section 8320, a vacation request involves a two-step process. The first step, occurring on March 21, 2023, requires the City Council to review the street vacation requests and adopt a resolution of intention to vacate the easement. The second step involves a noticed public hearing and the adoption of a resolution to vacate the easement by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings, which means that the earliest the City Council can schedule a public hearing to consider the easement vacation at a regular City Council meeting is April 18, 2023.

Additionally, all property vacations are to be reviewed for conformance with the General Plan. The vacation was reviewed by the Planning Commission. Based on the denial of the Special Use Permit and recommendations on the other permits, the Commission could not find the street vacation in conformance with the 2030 General Plan. However, in their motion, the Commission stated that should the City Council approve the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed by City Staff, which would allow for this billboard, they would be in support of this proposed Project. On March 21, 2023, the City Council approved the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed. Therefore, the Planning Commission is able to support the project, including finding it consistent with the 2030 General Plan.

On March 21, 2023, the City Council adopted Resolution 15,678 (Attachment 2), declaring its intention to conduct the required proceedings for vacation of the subject easement and directed the City Clerk to schedule a noticed public hearing no less than fifteen days after the Council’s initiation of the vacation proceedings, to be held on April 18, 2023.

The adoption of Resolution 15,678 by the City Council is in accordance with the Streets and Highways Code Section 8320, which requires the City Council to review the Street Vacation request and adopt a Resolution of intention to vacate the right-of-way.

ANALYSIS AND DISCUSSION:

The process for a right-of-way vacation is outlined in the Streets and Highways Code Section 8320. Pursuant to Streets and Highways Code Section 8320, a right-of-way vacation request involves a two-step process. The first step, which occurred on March 21, 2023, requires the City Council to review the right-of-way vacation request and adopt a resolution of intention to vacate the right-of-way. The second step involves a noticed public hearing and the adoption of a resolution to vacate the property by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings, which means that the earliest the City Council could have scheduled a public hearing to consider the right-of-way vacation at a regular City Council meeting was for April 18, 2023.

The easement vacation map is included as Attachment 3, Exhibit A.Vacating the approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard will not alter public safety, convenience, and public welfare. The proposed site improvements include the installation of an electronic sign and traffic barrier. In the City’s Bicycle and Pedestrian Master Plan, this location is identified as the possible location for the Santa Clara River multi-purpose path. City staff has reviewed the proposed sign and barrier location and confirmed that there is sufficient space for the future path, should it be developed in the future.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard, as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include:
98 (BIO-1 and BIO-2) conducting a pre-construction survey for active bird nests and conducting focused protocol nest survey for least Bell’s vireo, and (CR-1 and CR-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests.

The MND was available for public review from June 30, 2022, and ended on July 29, 2022. The City of Oxnard received five comment letters on the Draft MND. The comment letters and responses to each comment have been prepared and included in the Final IS/MND. Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).

With the inclusion of the mitigations for the areas noted above, the Project will not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and a monitoring program in accordance with the provisions of CEQA.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of 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

The Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,000 annually. Revenue receipt is dependent on construction timing, but would be anticipated in Fiscal Year 2023-24 at the earliest.

COMMITTEE OUTCOME

This is a Public Hearing and was reviewed by the Planning Commission (Commission), therefore this item did not originate in Committee.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Maps (Vicinity and Aerial)

2. Resolution 15,678

3. Draft City Council Resolution and Exhibit A- Property Area Exhibit

4. Ventura Road Vacation CC Presentation

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Vicinity Map
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Location:

APN
Ventura Rd Billboard
Vicinity Map
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PZ 21-660-03
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Location:

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Ventura Rd Billboard
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CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.________
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF OXNARDAPPROVINGTHEVACATIONOFA APPROXIMATELY 1,000-SQUAREFEETOFUNDEVELOPEDRIGHTOFWAY LOCATEDONTHENORTHSIDEOFTHEU.S.101ANDIMMEDIATELY WESTOF VENTURAROADIN THENORTHERNPORTIONOF THECITYOF OXNARD.(APN:N/A)ANDAUTHORIZINGTHEMAYORTO SIGNA QUITCLAIMDEEDASSOCIATEDWITHTHESUBJECTSITE.FILEDBYLARSSKUGSTAD,1111 BROADWAY,SUITE1515,OAKLAND,CA94607(THE“APPLICANT”)ONBEHALFOFTHECITYOFOXNARD(THE“PROPERTYOWNER”).

WHEREAS,onOctober15,2020,LarsSkugstad(the“Applicant”and/or“Permittee”and/or“Developer”)submittedarequesttoapprovePlanningandZoningPermitNos.20-500-06(SpecialUsePermit),20-670-05(DevelopmentAgreement),and21-660-03(StreetVacation)toallowfor the installationand operationof an electronicbillboardon an approximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnard“Property”.TheSpecialUsePermitallowsforthedevelopmentofanelectronicbillboardthatwouldincludeadigitaldisplayofadvertisementsofvariousbusinesses,activities,servicesorproducts.Thetopofthebillboardwouldbeapproximately80feetinheightabovetheground,andthedimensionsoftheelectronicbillboardsignwouldbe14.5feetinheightand48.5feetinwidth.Theelectronicbillboardwouldhavea two-sidedlight-emittingdiode(LED)digitaldisplaythatwouldhavedimensionsof14feetinheightand48feetinwidth.TheproposedDevelopmentAgreementwillallowfortheuseofCitypropertyforthepurposeofaFreewayAdjacentDigitalDisplayBillboardandoutlinetherequiredpublicbenefitstobeprovidedbythefuturedevelopment.TheproposedStreetVacationwouldvacatetheexistingright-of-waytotheCityofOxnard(“Project”);and WHEREAS,TheProperty, includesa approximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionof theCityof Oxnard,asshowninExhibitA ofthisresolution,andincorporatedbyreference;and WHEREAS,TheCityofOxnardistheownerofrecordoftherightofwayeasementandtheunderlyingProperty; and WHEREAS,The2030GeneralPlanina comprehensive,longtermplanthatguideslanduseandphysicaldevelopmentoflandwithintheCityofOxnardandprovidespolicydirectionregardinglandusesthatareintendedtoservethecommunity;and WHEREAS,Whenevera publicagencyproposestoacquire,dispose,vacateorabandonanyrealproperty, CaliforniaGovernmentCodeSection65402requiresa reportonconformitywiththeGeneralPlan;and WHEREAS,ThesubjectpropertyisdesignatedCommercialRegional(CR)bytheCity’s 109
ResolutionNo. ______PZ21-660-03; VenturaRoadVacationApril 18, 2023Page2of 5 2030GeneralPlanandiszonedRiverParkSpecificPlan(RPSP);and WHEREAS,January19,2023,theCityofOxnardPlanningCommissionconsideredaSpecialUsePermit(PZ20-500-06)fortheVenturaRoadElectronicBillboardProject,includinga CaliforniaEnvironmentalQualityAct(CEQA)reviewforthephysicaldevelopment,andmadefindingsofGeneralPlanConsistencyfortheprojectatthattime;and WHEREAS,Thevacationofthiseasement,asdocumentedinthestaff report,wouldbeconsistentGeneralPlanpoliciesregardingtheuseofthesitesandwouldnotadverselyimpactGeneralPlanpoliciesrelatedtotheprovisionofadequateutilities,withtheroadwaydedication;and WHEREAS,TheproposedProject,includetheright-of-wayvacation,asdocumentedinthestaff report,wouldbeconsistentGeneralPlanpoliciesregardingtheuseofthesiteandwouldnot adverselyimpactGeneralPlanpoliciesrelatedto the provisionof withthe roadwaydedication;and WHEREAS,Thevacationof thiseasementandtheultimateuseof theparcelforaElectronicBillboardisconsistentwiththelandusedesignationonthesubjectsite,subjecttoCityCouncil'sapprovalof OrdinanceAmendment(PZ20-580-06)toallowforFreewayAdjacentDigitalDisplayBillboards,SpecificPlanAmendment(PZ20-630-02)to allowFreewayAdjacentDigitalDisplayBillboardspursuanttotheOxnardCityCode,DevelopmentAgreement(PZ20-670-05)toallowfortheuseofCityProperty, andaStreetVacation(21-660-03)tovacatetherightofway. FutureuseoftheparcelwillberequiredtocomplywithallCitycodesandregulations;and WHEREAS,thePlanningCommissionoftheOxnardreviewedthevacationrequestatitsregularmeetingof January19,2023in accordancewithGovernmentCodesection65402.However, due recommendedchangesthetheproposedOrdinanceAmendment(PZ20-580-06),thePlanningCommission,couldnotfindthevacationinconformancewiththe2030GeneralPlan.However, inthemotiontheCommissionstatedthatshouldtheCityCouncilnotaccepttheproposedchangestheywouldbeinsupportoftheProject,includingtheVacation.Therefore,shouldtheCityCouncilapproveOrdinanceAmendment(PZ20-580-06)asoriginallyproposed,thePlanningCommissionwillhavedeterminedthatthevacationisconsistentwiththegoalsandpoliciesoftheCity’s adoptedGeneralPlanandrecommendthattheCityCouncilconsiderandapprovetheeasementvacationrequestandis deemeda findingof conformitypursuanttoGovernmentCodeSection65402;and WHEREAS,onMarch21,2023,theCityCounciloftheCityofOxnardreviewedtheeasementvacationrequestinaccordancewiththegeneralvacationprocedurescontainedintheStreetsandHighwaysCodeSection8320andadopteda resolutiontodeclareitsintentiontovacatethesubjecteasement.TheCityCouncilsettherequestfora publichearingonTuesday,April18,2023at6:00p.m.attheCityCouncilChambersoftheCityofOxnardlocatedat305WestThirdStreetinOxnard,California;and 110
ResolutionNo. ______PZ21-660-03; VenturaRoadVacationApril 18, 2023Page3of 5 WHEREAS,onApril18,2023,theCityCouncilof theCityof Oxnardconductedapublichearingfortherequestedvacationofa approximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnard,whichwasdulynoticed,andatwhichtimeallpersonsdesiringtobeheardwereheard;and WHEREAS,evidencewassubmittedandconsideredtoincludewithoutlimitation:planssubmittedbytheApplicant;writteninformationsubmittedwiththeapplication;oraltestimonyfromStaff, the applicant,andthe public;staff report,datedApril18, 2023,whichwasincorporatedby thisreferenceas thoughfullysetforthherein;andadditionalinformationsubmittedduringthehearing.

NOW, THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARD:

SECTION1. TheCityCouncil,inaccordancewiththeCaliforniaEnvironmentalQualityAct (CEQA),determinesthatafterimplementationof standardconditionsandmitigationmeasuresidentifiedin theFinalIS/MND22-03,allpotentiallysignificantimpactsassociatedwiththeproposedprojectwouldbereducedtolessthansignificantlevels.SECTION2. Thatthe CityCouncilof the Cityof Oxnarddoesherebyvacateanapproximately1,000-squarefootundevelopedright-of-waylocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnard.SECTION3. ThemapattachedheretoasExhibit“A”showstheapproximateareatobevacatedandshallbeonfileintheofficeoftheCityClerklocatedat 300WestThirdStreet,FourthFloor, Oxnard,California93030.SECTION4. TheMayorisherebyauthorizedtosignthequitclaimdeedassociatedwiththis requestand any additionaldocumentationnecessaryto facilitatethe vacationof theright-of-wayeasementreferencedinthisResolution.SECTION5. TheCityClerkshallcertifytheadoptionofthisResolution.

PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnardonthis18thdayofApril2023,bythefollowingvote:

AYES:

NOES:

ABSENT:
111
ResolutionNo. ______PZ21-660-03; VenturaRoadVacationApril 18, 2023Page4of 5 ABSTAIN:

RECUSE:

JohnZaragoza,Mayor
ATTEST: ________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
___________________________________StephenM.Fischer, CityAttorney 112
ResolutionNo. ______PZ21-660-03; VenturaRoadVacationApril 18, 2023Page5of 5

EXHIBITA

PROPERTYAREAEXHIBIT
113
114
115
Easement Vacation for Ventura
Road Electronic Billboard Project
1 City Council
April 18, 2023
Planning & Zoning Permit No. 21-660-03 (Street Vacation) Joe Pearson II, Planning Manager
Maureen Tamuri, Interim Community Development Director

116
Project Description Right-of-Way Vacation
2 • Vacation of approximately
1,000-square foot undeveloped
site located on the north side
of the U.S. 101 and
immediately west of Ventura
Road.
117
Project Location
3 Project Location
Project Location
118
Aerial-View
Project Location
4 Project Location
Reference North

LOCATION GENERAL

PLAN ZONING EXISTING LAND USE
Project Site
Commercial
Regional
The RiverPark Specific
Plan (Commercial:

Office)
Vacant
North
Commercial
Regional
The RiverPark Specific
Plan (Commercial:

Office)
Light Industrial Development
South
Highway
101/Easement
Highway 101/The
Village Specific Plan
Highway 101/Residential
East Commercial
Regional
The RiverPark Specific
Plan (Residential:Very
High or Commercial
Regional)
Vacant (Approved Fore Apartments
Project (PZ 19-200-16))
West
County
Unincorporated
County Unincorporated Santa Clara River
119
Background
5 • On March 21, 2023, the City Council approved a Special Use Permit for the Ventura Road Electronic Billboard Project. • As a part of the project, the Applicant was required to request the vacation of the subject right-of-way easement. As the underlying property owner, the City of Oxnard will
retain ownership, making it a City-owned property.
120
• On February 2, 2023, the Commission denied a Special Use Permit and recommended City Council denial of three related permits, for a Electric Billboard, which will be described in this presentation. • Based on the denial of the Special Use Permit, the Commission could not find the street vacation in conformance with the 2030 General Plan. • However, in their motion, the Commission stated that should the City Council approve the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed by City Staff, which would allow for this billboard they would be in support of this proposed Project. This would include finding it consistent with the 2030 General Plan.

Planning Commission Determination
6 121
City Council
➢ On March 21, 2023, The City Council adopted Resolution 15,678 ● Declaring its intention to conduct the required proceedings for vacation of the subject easement.
● Directed the City Clerk to schedule a noticed public hearing no less than fifteen days after the Council’s initiation of the vacation proceedings, to be held on April 18, 2023 ➢ The adoption of City Council 15,678 by the City Council is in accordance with the Streets and Highways Code Section 8320:
● Requires the City Council to review the street vacation request and adopt a resolution of intention to vacate the right-of-way
● The City Council is required to direct the City Clerk to schedule a public hearing not less than 15 days after the initiation of proceedings
7 122
Purpose of Easement Vacation
• The Vacation would facilitate the development of the Ventura Road Electronic Billboard Project.
• City staff has reviewed the proposed sign and barrier location and confirmed that there is sufficient space for the future path, should it be developed in the future.
8 123
Environmental Review
• An environmental consultant, under the supervision of Planning Division staff, prepared IS/MND which evaluated potential environmental impacts of the proposed Project. The IS/MND was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA).
• City prepared a Mitigated Negative Declaration (MND):
a. MND review period for 30 days (30 days required)
b. City received five comment letters
c. Comments and responses included in MND
d. Changes made to Draft MND for Final MND based on comments • Final IS/MND includes a Mitigation Monitoring and Reporting Program:
a. Details process to implement required mitigation measures b. After implementation of standard conditions and mitigation measures, all potentially significant impacts reduced to less than significant levels 9 124
Environmental Review
• Final IS/MND identified the following:
• Class 2 impacts (potentially significant by mitigable, mitigation required) • Biological Resources
• Cultural and Tribal Cultural Resources
• All other impact area were identified as Class 3 (less than significant) • Aesthetics included two recommended mitigations were incorporated • Staff determined that there is no substantial evidence that the Project will have a significant effect on the environment.
10 125
Staff Recommendation
That the City Council:

1. Find the Project to be consistent with Final Mitigated Negative Declaration (MND) 22-03 prepared for the Ventura Road Electronic Billboard Project and therefore exempt from further environmental review pursuant to Sections 15162 through 15164 and 15183 of the CEQA Guidelines; and

2. Adopt a Resolution to vacate its right, title and interest in a approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard.

APN: N/A and along the Ventura Freeway (Highway 101); and

3. Authorize the Mayor to sign a Quitclaim Deed vacating the street easement to the City of Oxnard, as the underlying property owner.
11 11
126
12 127

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: April 18, 2023

TO: City Council

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

SUBJECT: Termination of Local Emergency Due to Water Shortage Emergency Conditions. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution proclaiming the termination of a local emergency due to water shortage emergency conditions.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HjP9ZDiEmo4

BACKGROUND

Government Code section 8630 and Chapter 6 of the Oxnard City Code (OCC) empower the City Manager of the City of Oxnard (City), acting in the capacity of the Director of Emergency Services ("Director"), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session.

In response to California experiencing extreme drought conditions from 2020 to 2022, on October 19, 2021, Governor Newsom proclaimed a State of Emergency to exist in California as a result of severe drought conditions. On April 26, 2022, The Metropolitan Water District of Southern California (MWD) declared a water shortage emergency condition in State Water Project (SWP) dependent areas and established an Emergency Water Conservation Program (EWCP) framework with mandatory conservation measures. On April 27, 2022, Calleguas Municipal Water District (CMWD) declared a Water Shortage Emergency Condition exists within its service area and adopted an EWCP consistent with that of MWD. Accordingly, On May 17, 2022, the Oxnard City Council declared a local emergency due to the severe water shortage conditions and adopted Resolution No. 15,568 declaring a local drought emergency. The proclamation of a local drought emergency allowed the city to implement water conservation measures required to combat severe drought conditions consistent with State, MWD, and CMWD directives.

DISCUSSION

As of the beginning of 2023, California has experienced record-breaking precipitation resulting in improved water supply conditions and forecasts for the next water-year. As a result, CMWD suspended the one-day-a-week watering restriction, and MWD Board of Directors lifted its Water Shortage Emergency Condition for SWP-dependent areas and terminated the EWCP with mandatory water conservation measures. These actions, in conjunction with the announcements by the Department of Water Resources regarding the proposed increased SWP allocations to local agencies that import water from the SWP are reasons to terminate the local emergency related to the drought. Therefore, the conditions that warranted the proclamation of a local emergency due to water shortage conditions no longer exist at this time. Pursuant to Government Code Section 8630(d), the City council is required to terminate the local emergency at the earliest possible date that conditions warrant. By adopting the resolution attached to this item, the Council will terminate the local emergency declared due to severe water shortage conditions existing at the time of the May 17, 2022 declaration by Council.
128

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 direct financial impact in adopting this resolution.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Resolution Terminating Local Emergency

2. Resolution 15,568

3. Presentation

129

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

TERMINATING THE LOCAL EMERGENCY DUE TO WATER SHORTAGE

EMERGENCY CONDITIONS PURSUANT TO GOVERNMENT CODE SECTION 8630(d)
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code (“OCC”) empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to request the City Council to proclaim the existence of a local emergency when drought conditions threaten the safety of persons or property within the City; and
WHEREAS, on October 19, 2021, Governor Newsom proclaimed a State of Emergency to exist in California as a result of severe drought conditions; and WHEREAS, On April 26, 2022, The Metropolitan Water District of Southern California (MWD) declared a water shortage emergency condition in State Water Project (SWP) dependent areas and established an Emergency Water Conservation Program (EWCP) framework with mandatory conservation measures;
WHEREAS, On April 27, 2022 Calleguas Municipal Water District (CMWD) declared a Water Shortage Emergency Condition exists within its service area and adopted a EWCP based on, and consistent with that of MWD;
WHEREAS, on May 17, 2022, the City Council adopted Resolution 15,568 which proclaimed the existence of a local emergency due to drought conditions and lack of adequate water supply; and
WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569 establishing new mandatory water conservation measures consistent with State, MWD and CMWD directives; and
WHEREAS, pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency; and
WHEREAS, imported water supply conditions have improved considerably in Water Year 2022-2023 given significant precipitation in January 2023 and resultant reservoir levels; and
130
Resolution No.

Terminating the Local Emergency

Page 2 ends

WHEREAS, on January 26, 2023, the Department of Water Resources (DWR) announced an initial SWP allocation of 30%, which was later increased to 35% on February 22, 2023; and
WHEREAS, on February 15, 2023, Calleguas Municipal Water District (CMWD) passed Resolution No. 2070, which suspended the enforcement of the one-day-per-week irrigation restriction, declared a Stage 2 Water Shortage, and encouraged purveyors to maintain water demand reduction programs and not exceed two days per week irrigation; and WHEREAS, on March 14, 2023 the MWD Board of Directors removed the Water Shortage Emergency Condition for the SWP dependent area and terminated the EWCP; and WHEREAS, on March 24, 2023, DWR announced a SWP allocation increase to 75%, up from the 35% announced on February 22, 2023; and
WHEREAS, On March 24, 2023 Governor Newsom signed Executive Order N-5-23, which eases drought emergency provisions that are no longer needed while maintaining others to support impacted communities statewide; and
WHEREAS, the City Council has determined that due to improvement in local water supplies and actions taken at the local and State level that warranted the local emergency proclamation no longer currently exist; and
WHEREAS, pursuant to Government Code Section 8630(d) and Section B. of the resolution ratifying the Director’s proclamation, the local emergency exists until terminated by the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The local emergency declared on May 17, 2022 due to water shortage emergency conditions is hereby terminated.

Section 3. Resolutions 15,568 and 15,569 and all orders from the Directors of Emergency Services related to the local emergency due to water shortage emergency conditions are no longer in effect.
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Resolution No.

Terminating the Local Emergency

Page 3 ends

Section 4: This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED THIS 18th day of April 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
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135
T ermination of Local Emergency Due to Water Shortage
Emergency Conditions
Joseph Marcinko
Assistant Public Works Director
Water Utilities
City Council
April 18, 2023
136
That the City Council adopt a resolution proclaiming the termination of a local emergency due to water shortage emergency conditions.

O
RECOMMENDATION 2
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In response to California experiencing extreme dry conditions from 2020 to 2022:
• On October 19, 2021, Governor Newsom proclaimed a State of Emergency to exist in California as a result of severe drought conditions;
• On April 26, 2022, The Metropolitan Water District of Southern California (MWD) declared a water shortage emergency condition in State Water Project (SWP) dependent areas and established an Emergency Water Conservation Program (EWCP) framework with mandatory conservation measures;
• On April 27, 2022 Calleguas Municipal Water District (CMWD) declared a Water Shortage Emergency Condition exists within its service area and adopted a EWCP based on, and consistent with that of MWD;
• On May 17, 2022, the Oxnard City Council declared a local emergency due to the severe water shortage conditions and adopted Resolution No. 15,569, which established mandatory water conservation measures consistent with State, MWD, and CMWD BACKGROUND 3
138
In response to the local emergency, pursuant to Oxnard City Code Section 6-3, the Emergency Director promulgated the following orders which modified Resolution 15,569:
• Director's Order No. 22-03, establishing a 10-minute per day per station irrigation limit and banning the use of potable water for irrigation of non-functional turf at Commercial, Industrial, and Institutional properties, including Homeowner Associations (HOAs; • On September 6, 2022, Director's Order No. 22-04, allowing trees in public spaces to be irrigated more frequently to maintain tree well-being for public health and safety; • On March 21, 2023, Director's Order No. 22-05, allowing for watering two days per week.

BACKGROUND 4
139
● As of the beginning of 2023, California has experienced record-breaking precipitation and improved water supply conditions resulting in an increase in SWP allocations. On January 26, 2023, the Department of Water Resources (DWR) announced an initial SWP allocation of 30 percent and on February 22, 2023 increased it to 35 percent. ● On March 24, 2023, DWR announced a SWP allocation increase to 75 percent, up from the 35 percent announced on February 22, 2023 and Governor Newsom signed Executive Order N-5-23, which eases drought emergency provisions that are no longer needed.
• Therefore, the conditions that warranted the proclamation of a local emergency due to water shortage conditions no longer exist right now.
• Pursuant to Government Code Section 8630(d), the local emergency exists until terminated by the City Council. By adopting the resolution attached to this item, the Council will terminate the local emergency due to water shortage emergency conditions.

DISCUSSION 5
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There is no direct financial impact in adopting this resolution.

FINANCIAL IMPACT 6
141

QUESTIONS
7 142

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: April 18, 2023

TO: City Council

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

SUBJECT: Declaration of a Stage 1 Water Shortage Condition with New Mandatory Water Conservation Measures. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution declaring a stage one water shortage implementing water conservation measures pursuant to the City’s Water Shortage Contingency Plan, and rescinding Resolution No. 15,569.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Z2IDtrXWqQk

BACKGROUND

California experienced extremely dry conditions from 2020 to 2022, resulting in historic low water deliveries from the State Water Project (SWP) and mandatory conservation directives at both the local and State levels.

In October 2021, California Governor Gavin Newsom declared a state of emergency throughout the state of California due to ongoing drought conditions. The following spring, the California Department of Water Resources (DWR) announced that, due to insubstantial snowpack in the Sierras, water allocations from the SWP would be reduced from last year’s 15% to only 5%. Governor Newsom thereafter issued Executive Order N-7-22 requiring all water providers in the state to implement, at minimum, reduction demands consistent with a Level 2 Water Shortage Condition of their Water Shortage Contingency Plans (WSCP).

On April 26, 2022, The Metropolitan Water District of Southern California (MWD) declared a water shortage emergency condition in the SWP-dependent areas and established an Emergency Water Conservation Program (EWCP). The program had two compliance paths, with the first allowing member agencies to limit outdoor irrigation to one day per week and the second allowing compliance with monthly allocation limits.

Following suit, on April 27, 2022 Calleguas Municipal Water District (CMWD) declared a Water Shortage Emergency Condition exists within its service area and adopted a EWCP based on, and consistent with that of MWD, including the two path compliance options.

On May 17, 2022, Oxnard City Council proclaimed a local emergency due to the water shortage conditions and adopted Resolution No. 15,569 (Attachment 2). The mandatory water conservation measures were in line with the State, MWD, and CMWD directives. Oxnard limited outdoor watering to one day per week for compliance with MWD and CMWD directives.

Under this local emergency, pursuant to Oxnard City Code section 6-3(C)(1), the Director of Emergency Services adopted additional conservation measures not listed in Resolution 15,569. These included Director's Order No. 22-03, which established a 10-minute per day per station irrigation limit and banned the use of potable water for irrigation of non-functional turf at Commercial, Industrial, and Institutional properties, including Homeowner Associations 143
(HOAs). Additionally, Director's Order No. 22-04, signed on September 6, 2022, allowed trees in public spaces to be irrigated more frequently to maintain tree well-being, and Director's Order No. 22-05, signed on March 21, 2023, allowed for watering two days per week.

At the beginning of 2023, California received record-breaking precipitation, resulting in one of the wettest periods on record. This led to a snowpack measuring 205% of the average on February 1, 2023, and an increase in Lake Oroville's water level by over 1.3 million acre-feet and Lake Shasta’s water level by over 1.05 million acre-feet since December 2022. On January 26, 2023, the Department of Water Resources (DWR) announced an initial SWP allocation of 30 percent, which was later increased to 35 percent on February 22, 2023.

In response to these improved water supply conditions and proposed increases in SWP allocations for the next water-year, CMWD passed Resolution No. 2070 (Attachment 3) on February 15, 2023, suspending the one-day-a-week watering restriction and shifting to volumetric limits under MWD's EWCP for its service area. CMWD recommended that member agencies maintain water demand reduction measures without exceeding a two-day-per-week watering restriction.

On March 14, 2023, the MWD Board of Directors lifted their Water Shortage Emergency Condition for SWP-dependent areas and terminated the EWCP (Attachment 4). However, the Board noted that this would not affect other drought emergency declarations passed by the Board in 2021 and 2022. These include the Regional Drought Emergency for all member agencies, calling upon all member agencies to voluntarily reduce the use of both SWP and Colorado River supplies, and the recommendation that cities and water agencies across Southern California pass ordinances permanently prohibiting the installation and irrigation of non-functional turf.

On March 24, 2023 DWR increased the allocation of SWP supply up to 75%. DWR states that this allocation is based on the latest information available, but it is subject to change during the remaining months as additional weather patterns and storms may have an impact on it.

Additionally on March 24, Governor Newsom signed Executive Order N-5-23 (Attachment 5) which eases some State drought emergency provisions, while also maintaining others, recognizing that some regions of the State, such as the Klamath Basin and the Colorado River system, still face severe water supply challenges, and groundwater basins in the Central Valley continue to be depleted from years of drought and overdraft. The Governor’s order:

Ends the voluntary 15% water conservation target;
• Ends the requirement for agencies to implement reduction demands consistent with Stage 2 of their WSCP; • Maintains the ban of potable water for irrigation of non-functional turf in commercial, industrial, and institutional areas, including Homeowners' Associations (HOAs);
• Preserves all current emergency orders focused on groundwater supply; • Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought; and • Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue. • Newsom emphasized the potential for dry conditions next winter, making it necessary for the State to continue water conservation measures and drought-resilience actions to extend available supplies.

Following the City Council's proclamation of a local emergency on May 17, 2022, as per Oxnard City Code section 6-4, the Director of Emergency Services was required to review the need for continuing the local emergency every 60 days.

The local emergency was extended on 6/30/22, 7/28/22, 9/20/22, 11/15/22, 1/3/23, and on 2/21/23.

With the improved local water supplies, the Director of Emergency Services recommends to no longer continue the local emergency. There is a companion staff report scheduled for the April 18th City Council meeting regarding the Director’s recommendation to terminate the local emergency. If approved by the City Council, Resolutions 15,568 and Director's Order No. 22-03, 22-04, and 22-05 become void.

DISCUSSION

The City of Oxnard acknowledges the dynamic and unpredictable nature of California's climate and the uncertainties that come with it. Given the recent improvements in local water supply conditions while also continuing to prioritize water 144
efficiency, staff recommends that the City Council: declare a Stage 1 Water Shortage Condition, rescind Resolution 15,569 and adopt a new Resolution following mandatory water conservation measures in conformity with the City’s Water Shortage Contingency Plan (WSCP). These water conservation measures include:

a. Watering of lawns, functional turf, trees, shrubs, vegetation, landscape and other outside irrigation is limited to three days per week.

b. The following watering schedule is established for all customers:

I. Monday, Wednesday and Saturday ONLY

c. 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 as permitted during the three days per week watering allowance.

d. 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 three-day watering restriction imposed on less efficient irrigation systems.

e. Potable water for irrigation of non-functional turf at commercial, industrial and institutional properties, including HOAs, is prohibited.

f. The application of potable water to landscapes during and within 48 hours after measurable rainfall is prohibited.

g. The use of potable water in a fountain or other decorative water features is prohibited, except where the water is part of a recirculating system.

h. All vegetation within Wildland-Urban Interface and Defensible Space will be maintained as required under Public Resource Code 4291.

It is important to note that the permanent water conservation measures listed under Oxnard City Code Chapter 22, Sec. 22-136 must always be followed, regardless of the water shortage level. Declaration of a water shortage level imposes additional water use restrictions.

To supplement water waste patrols, the City engaged the services of Good Guard Security starting in October 2022. This action was funded through MWD’s Member Agency Administered Program (MAAP) with a 50% match not to exceed $50,000. However, with the termination of their Emergency Water Conservation Program (EWCP) on March 14, 2023, funding is no longer available. Therefore, Good Guard Security's services were discontinued. The Water Division will monitor water waste by utilizing City staff for enforcement purposes moving forward.

Water staff continuously monitor City water supply and demand. Every supplier that either provides over 3,000 acre-feet of water annually or serves more than 3,000 urban connections is required to perform an Annual Assessment and submit an Annual Shortage Report to DWR by July 1 every year. The assessment is completed to determine if there is a need to implement the WSCP and if so, to what extent.

In May 2018, the California State Legislature enacted Senate Bill 606 and Assembly Bill 1668. Collectively titled, “Making Water Conservation a California Way of Life,” the laws create a framework of long-term conservation improvements to prepare California for climate change and longer, more intense droughts. Under this new legislation, urban retail water suppliers are required to develop a system-wide Urban Water Use Objective (UWUO) calculated by its indoor residential, outdoor residential, and commercial, industrial and institutional (CII) water uses, as well as water loss.

Urban retail water suppliers are required to calculate their UWUO, assess whether their actual water use met the UWUO, and report the outcome and supporting information in their Annual Water Use Report by January 1 of each year starting in 2024.

While the recent rain and snow events in California are a welcomed relief from the drought, these events provide only a partial adjustment from the long-term drought impacts seen by California. In addition, the local supplies of imported 145
water and groundwater within Ventura County have proven to be less reliable than in previous years and decades. As such, a position of caution and continuation of a conversation message is recommended by staff. The proposed resolution and inclusion of the water conservation measures are recommended to continue a level of water conservation and stewardship as the future of water supplies beyond the next water year is uncertain.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact in adopting this resolution.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Resolution New Mandatory Water Conservation Measures

2. Resolution 15,569

3. Calleguas Reso 2070

4. MWD Removal of EWCP

5. Governor’s Executive Order N-5-23

6. Presentation

146

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
RESCINDING RESOLUTION 15,569 AND ADOPTING NEW MANDATORY

WATER CONSERVATION MEASURES
WHEREAS, on October 19, 2021, Governor Gavin Newsom declared a state of emergency to exist in all California counties due to worsening drought conditions; and WHEREAS, at that time, Governor Newsom called on Californians to re-double their efforts to reduce water use by 15% and for local and regional water agencies to implement their Water Shortage Contingency Plans ("WSCPs") "at a level appropriate to local conditions that takes into account the possibility of a third consecutive dry year;” and WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22 which directs a number of actions in response to the historic drought conditions the State, and by extension the City, is currently facing; and
WHEREAS, among these actions are steps to increase water conservation, emergency regulations requiring all water providers to implement a minimum Stage 2 of their WSCPs, and groundwater recharge programs; and
WHEREAS, approximately 40% of the City's water supply is imported from northern California via the State Water Project (“SWP"); and
WHEREAS, this supply is distributed to the City via Calleguas Municipal Water District ("CMWD"), which receives SWP water from the Metropolitan Water District of Southern California ("MWD"); and
WHEREAS, the California Department of Water Resources ("DWR”) had initially set the 2022 SWP allocation at 15%, however after a historically dry start to the year with no significant storms in the forecast a cutback was required; and WHEREAS, on March 18, 2022 DWR announced that SWP allocations would be slashed from 15% to 5%; and
WHEREAS, following the 5% SWP allocation update, MWD indicated that SWP dependent regions of its service area, including CMWD, have insufficient supplies to meet current water demands; and
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Resolution No.

RESCINDING RESOLUTION 15,569 AND ADOPTING NEW MANDATORY WATER

CONSERVATION MEASURES

Page 2 ends

WHEREAS, in response on April 6, 2022, CMWD Board of Directors adopted Resolution 2041 which declared a Stage 3 Water Shortage and called for implementation of mandatory water conservation measures; and
WHEREAS, on April 26, 2022, Metropolitan Water District of Southern California (MWD) declared that a water shortage emergency condition exists in the SWP Dependent Area and adopted an Emergency Water Conservation Program (EWCP) to preserve supplies for its SWP dependent agencies; and
WHEREAS, on April 27, 2022, the CMWD Board of Directors adopted Resolution 2042 which declared a Water Shortage Emergency Condition and adopted MWD’s EWCP, applicable to Calleguas’ purveyor agencies. The EWCP allowed two paths for Calleguas retail agencies to achieve compliance. Path 1 allowed a purveyor to restrict outdoor irrigation to one day per week (or its equivalent). Path 2 allowed a purveyor to comply with a monthly volumetric limit of imported water supplies based on population served; and WHEREAS, on May 17, 2022, the City Council proclaimed the existence of a local emergency due to drought conditions and lack of adequate water supply; and WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569 establishing new mandatory water conservation measures; and WHEREAS, on 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, imported water supply conditions have improved considerably in Water Year 2022-2023 given significant precipitation in January 2023 and resultant reservoir levels; and
WHEREAS, on January 26, 2023, the Department of Water Resources (DWR) announced an initial SWP allocation of 30%, which was later increased to 35% on February 22, 2023; and
WHEREAS, on February 15, 2023, Calleguas passed Resolution No. 2070, which suspended the Calleguas enforcement of the one-day-per-week irrigation restriction, declared a Stage 2 Water Shortage, and encouraged purveyors to maintain water demand reduction programs and not exceed two days per week irrigation; and 148
Resolution No.

RESCINDING RESOLUTION 15,569 AND ADOPTING NEW MANDATORY WATER

CONSERVATION MEASURES

Page 3 ends

WHEREAS, on March 14, 2023 MWD Board of Directors removed the Water Shortage Emergency Condition in the SWP dependent area and terminated the EWCP; and WHEREAS, on March 24, 2023, DWR announced a SWP allocation increase to 75%, up from the 35% announced on February 22, 2023; and
WHEREAS, On March 24, 2023 Governor Newsom signed Executive Order N-5-23, which eases drought emergency provisions that are no longer needed while maintaining others to support impacted communities statewide; and
WHEREAS, the City Council has determined that due to current improvement in local water supplies there is no need to continue the local emergency because the conditions that brought on the May 17, 2022 local emergency do not persist; and

WHEREAS, The termination of the local emergency nullifies Resolution No.15,568 and Director's Order Nos. 22-03, 22-04 and 22-05; and
WHEREAS, The City recognizes the uncertainties that exist and the fluctuating nature of California’s climate; and
WHEREAS, The City of Oxnard understands that a Stage 1 water shortage level exists and continues to impose mandatory conservation requirements on its customers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The City Council herein declares that a Stage 1 water shortage exists within the City limits.

Section 3. A Stage 1 water shortage occurs when the City’s water supply is able to meet ninety percent of projected demands necessitating a ten percent reduction in water usage.

Section 4. Resolution 15,569 is hereby rescinded.
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RESCINDING RESOLUTION 15,569 AND ADOPTING NEW MANDATORY WATER

CONSERVATION MEASURES

Page 4 ends

Section 5. The following water use restrictions shall be imposed during a declared Stage 1 water shortage, as set forth below:
a. Watering of lawns, functional turf, trees, shrubs, vegetation, landscape and other outside irrigation is limited to three days per week.
b. The following watering schedule is established for all customers:

I. Mondays, Wednesdays and Saturdays ONLY
c. 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 as permitted during the three days per week watering allowance. d. 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 three- day watering restriction imposed on less efficient irrigation systems. e. Potable water for irrigation of non-functional turf at commercial, industrial and institutional properties, including HOAs, is prohibited. f. The application of potable water to landscapes during and within 48 hours after measurable rainfall is prohibited.
g. The use of potable water in a fountain or other decorative water features is prohibited, except where the water is part of a recirculating system. h. All vegetation within Wildland-Urban Interface and Defensible Space will be maintained as required under Public Resource Code 4291.

Section 6: Pursuant to Oxnard City Code (“OCC") section 22-151(C), the mandatory water conservation requirements established in Section 5 of this Resolution ("water conservation requirements") shall remain in effect unless otherwise amended or rescinded by further action of the City Council.
///
///
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Resolution No.

RESCINDING RESOLUTION 15,569 AND ADOPTING NEW MANDATORY WATER

CONSERVATION MEASURES

Page 5 ends

Section 7: This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED THIS 18th day of April 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
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 Board of Directors
One Water and Stewardship Committee
3/14/2023 Board Meeting
7-9
Subject
Consider changes to the Water Shortage Emergency Condition and the Emergency Water Conservation Program for the State Water Project Dependent Area and reaffirm the Regional Drought Emergency for all member agencies; the General Manager has determined that the proposed action is exempt or otherwise not subject to CEQA
Executive Summary
In April 2022, the Board declared a Water Shortage Emergency Condition in the State Water Project (SWP) Dependent Area because of severe drought conditions and infrastructure constraints that severely limited the delivery of SWP supplies. Associated with the Water Shortage Emergency Condition, the Board also approved an Emergency Water Conservation Program (EWCP) that imposed stringent outdoor watering restrictions or volumetric limits on SWP water supply deliveries to six member agencies.

In January 2023, California experienced one of the wettest three-week periods on record, yielding a snowpack that was at 205 percent of average on February 1, 2023 and adding more than 1.3 million acre-feet to Lake Oroville since December 2022. In response to the improved hydrologic conditions, the California Department of Water Resources (DWR) increased the SWP allocation from five to 30 percent on January 26, 2023 and then again to 35 percent on February 22, 2023. This increased allocation provides adequate water supplies to meet SWP Dependent Area demands. As a result, the conditions necessitating a Water Shortage Emergency Condition and the EWCP no longer exist and staff recommends removing them effective immediately.

In contrast to the short-term improvement in supply from the SWP, the Colorado River watershed remains in a 23-year drought, the most serious in 1,200 years. On average, 25 percent of Southern California’s water su pply
comes fro
m the Colorado River. On-going negotiations with the Basin States and potential changes to the 2007 Interim Guidelines initiated by the
U.S. Bureau of Reclamation warrant continuing the Regional Drought Emergency declared by the Board in December 2022. Further, though t he most restrictive and mandatory
conservation measures of the EWCP can now be lifte
d, all counties in Metropolitan’s service area remain in a statewide dro
ught emergency and must still seek demand response actions outlined in their Water Shortage Contingency
Plans for a shortage level of up to 20 percent. As such, the emergency authorities provided to the General Man
ager and the call to conserve water issued in the December 13, 2022 Board resolution remain.

Details
Regional Drought Emergency and Statewide Drought Declaration Remain in Effect Staff’s recommendation to remove the Water Shortage Emergency Condition and terminate the EWCP would not affect the other drought emergency declarations adopted by the Board during 2021 and 2022. This includes the November 2021 resolution declaring that specified emergency conditions within the Metropolitan service area as well as the Board’s December 2022 resolution declaring a Regional Drought Emergency for all member agencies and calling upon all member agencies to voluntarily reduce use of both SWP and Colorado River supplies. Also unaffected would be the Board’s October 2022 resolution that strongly recommended cities and water agencies across Southern California pass ordinances permanently prohibiting the installation and irrigation of non- functional turf.
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3/14/2023 Board Meeting 7-9 Page 2
The December 2022 Regional Drought Emergency resolution reaffirmed authorities delegated to the General Manager under the November 2021 resolution to take certain actions, enter agreements, and secure permits and approvals necessary to address the drought emergency conditions. Consistent with the December 2022 Regional Drought Emergency resolution, which remains in effect, the duration of the delegation of authority to the General Manager will continue until further Board action and is not affected by the action to remove the Water Shortage Emergency Condition in the SWP Dependent Area and to terminate the EWCP.

On August 16, 2022, Metropolitan’s Board adopted a resolution affirming a Call to Action and a Commitment to Regional Reliability for All Member Agencies. This resolution directed the General Manager to identify a portfolio of projects and programs in coordination with the member agencies to address the need to connect and serve each member agency with more than one supply source. Collaboration and progress on the portfolio of reliability actions will continue and are not affected by the action to remove the Water Shortage Emergency Condition in the SWP Dependent Area and to terminate the EWCP.

Emergency Water Conservation Program Was Implemented to Address an Acute Water Shortage in the SWP Dependent Area
Beginning in the fall of 2019, the SWP watersheds received very low precipitation and runoff. SWP Table A allocations for 2020, 2021, 2022 were only 20, 5, and 5 percent, respectively. Despite substantial precipitation in October and December 2021, precipitation in Northern California from January through March 2022 fell to the driest levels on record. Deteriorating hydrologic conditions led DWR to reduce the SWP Table A allocation for 2022 from 15 to five percent of contract amounts on March 18, 2022. In 2022, the DWR for the first time used a provision of the SWP Contract (Article 18(a)) to allocate water on a basis other than Table A to meet minimum demands of contractors for domestic supply, fire protection, or sanitation during the year. Contractors that received these human health and safety (HH&S) deliveries must pay back to DWR future Table A water within five calendar years.

Despite extraordinary efforts by Metropolitan to maximize available resources through operational drought actions, it became apparent that there would not be sufficient SWP supply available to meet normal demands in the SWP Dependent Area for the remainder of 2022. Following a public hearing held on April 26, 2022, Metropolitan’s Board issued a resolution declaring that a Water Shortage Emergency Condition existed in the SWP Dependent Area and adopting a framework for the new EWCP aimed at preserving SWP supplies. These actions were taken pursuant to Water Code section 350 et seq., Water Code section 375 et seq., and other applicable authorities.

The EWCP adaptively preserves supplies by reducing non-essential uses of water delivered to the SWP Dependent Area. The EWCP began implementation on June 1, 2022, and was authorized through June 30, 2023.

Six member agencies currently take restricted delivery of SWP water under the program. The impacted agencies include Calleguas Municipal Water District, Inland Empire Utilities Agency, Las Virgenes Municipal Water District, the City of Los Angeles, Three Valleys Municipal Water District, and Upper San Gabriel Valley Municipal Water District. The EWCP allowed two paths for compliance involving either enforced restrictions on outdoor watering or adherence to agency-specific volumetric limits subject to monetary penalties of $2,000 per acre-foot for SWP water use over their limits.

Staff provided the Board with monthly reports on program status and current hydrologic conditions. From June through December 2022, the affected agencies took mandatory water supply cuts from their SWP use by an average of 35 percent from average dry-year usage, with some facing reductions of up to 73 percent. As a result of the exceptional conservation response by the SWP Dependent Area, the program successfully reduced demands to stay within the severely limited SWP supply available for 2022. No penalties were issued in 2022.

On December 1, 2022, DWR announced an initial 2023 allocation for the SWP at only five percent of contract amounts. DWR also provisionally allocated additional HH&S water to ensure that the SWP contractors could meet their HH&S needs during the year. A SWP allocation of less than 15 percent was insufficient to meet normal potable demands in the SWP Dependent Area.

In January 2023, SWP Dependent Area agencies received new volumetric limits for second phase of program from January through June 2023. Unlike the volumetric limits for 2022, the volumetric limits during the first half 161
3/14/2023 Board Meeting 7-9 Page 3
of 2023 were subject to fluctuation due to uncertainties in the available water supplies at the beginning of the year. For these reasons, Metropolitan staff regularly revaluated the volumetric limits to incorporate changes.

Improving SWP Supply Conditions Alleviate the SWP Dependent Area Shortage Metropolitan’s supply outlook from the SWP in 2023 has improved significantly with the arrival of nine atmospheric rivers during December 2022 and January 2023. Of the nine atmospheric rivers, five were of strong or greater magnitude. On January 26, 2023, DWR increased the SWP annual Table A allocation from 5 percent to 30 percent based on observed runoff and storage gains in Lake Oroville and San Luis Reservoir. This 30 percent SWP allocation matched the combined previous three years of SWP Table A allocations. On February 22, 2023, DWR increased the SWP allocation yet again to 35 percent. Additional increases to the allocation are expected when DWR’s later studies begin to incorporate forecasted runoff from snowpack and updated San Joaquin River flow projections. At the current 35 percent SWP allocation, DWR no longer needs to allocate HH&S supplies, and Metropolitan will not accrue any new HH&S payback obligations for 2023. At the same time, wholesale demands on Metropolitan’s imported supply are trending lower than earlier projections due to a synergistic combination of conservation drought response by the member agencies and a boost to local supplies from the recent wet weather. Both of these factors allow Metropolitan to put water in storage to help protect the SWP Dependent Area against future dry years.

In summary, there is no longer an acute water shortage for the SWP Dependent Area. With a 35 percent SWP allocation, available supplies exceed the estimated demands for the SWP Dependent Area. As shown in Attachment 1, water use under the EWCP is tracking well below the volumetric limits under the current 35 percent SWP allocation. To date, cumulative SWP use during 2023 is trending 83 percent under the total January-June 2023 volumetric limit. This trend, combined with the expectation of further increases in SWP supply, indicates that the critical shortage has abated and that Metropolitan can resume its role of providing reliable water service to the member agencies in the SWP Dependent Area.

Recommended Action: Remove the Water Shortage Emergency Condition in the SWP Dependent Area and Terminate the EWCP
The April 26, 2022, board letter stated that “the Emergency Water Conservation Program shall continue through June 30, 2023, unless the Board of Directors lifts the action before that date.” Due to the improved SWP water supply conditions that alleviate the acute water supply shortage in the SWP Dependent Area, staff recommends that the Board take action at this time to remove the Water Shortage Emergency Condition and terminate the EWCP, given that Metropolitan is now able to meet the needs of the SWP dependent member agencies.

Terminating the EWCP would end restrictions on the use of SWP water by the SWP Dependent Area, effective immediately, and waive any penalties related to EWCP volumetric limits accrued to date (no penalties had been assessed through December 2022). Terminating the EWCP would also lift any mandatory requirements from Metropoltian concerning enforced outdoor watering restrictions. Monthly reporting and tracking on EWCP performance and compliance would be discontinued.

Under the action that authorized the EWCP, Member Agency Administered Program (MAAP) funding was made fully available to affected member agencies for enforcement activities beginning on July 1, 2022. Consistent with the April 26, 2022, board letter, upon termination of the EWCP, the MAAP funding and procedures will revert to previously established guidelines. Funding for existing approved tasks would be honored, but no new applications for this temporary funding mechanism would be accepted.

Removing the Water Shortage Emergency Condition for the SWP Dependent Area and terminating the EWCP removes the most stringent and mandatory requirements that were needed to deal with the acute emergency. But, it in no way lessens the importance of continued conservation and local supply investment by agencies in the SWP Dependent Area or in any other part of the region. California is still under a statewide drought emergency, and the expectation is that Metropolitan’s service area and its member agencies will continue to comply with the Governor’s executive order on the statewide drought emergency.

Alternatives Considered
In developi
ng the recommendation to remove the Water Shortage Emergency Condition and terminate the EWCP, staff considered several alternatives. First, staff considered delaying the action until more information was known about SWP hydrologic conditions. DWR’s latest Table A allocation is still highly conservative at 35 percent. 162
3/14/2023 Board Meeting 7-9 Page 4
However, staff’s assessment is that sufficient snowpack and projected runoff exists to expect future increases in the allocation even if dry conditions return.

Second, staff considered whether the current hydrologic conditions warranted a suspension of the Regional Drought Emergency declared in December 2022. Although the improved SWP supplies in 2023 allow for an easing of the immediate emergency this year, there are still ongoing water supply challenges. With the current experience of extreme year-to-year variation of SWP supply, Metropolitan must replenish storage reserves, as well as anticipate possible constraints on Colorado River diversions. The ongoing decades-long drought in the Southwest has plunged the Colorado River system’s reservoirs to record low elevations. The federal government has called for significant cutbacks in water diversions from the Colorado River as soon as 2023. Metropolitan intends to minimize the delivery of water from Intentionally Created Surplus to support Lake Mead’s elevation and mitigate deeper shortages that could require additional contributions under the 2019 Drought Contingency Plan. As a result, Metropolitan is not planning to have a full Colorado River Aqueduct during 2023 or in subsequent years through 2026. For these reasons, staff believes it is prudent to maintain the current Regional Drought Emergency declaration.

Consistent with staff’s recommendation to reaffirm the Regional Drought Emergency, Governor Newsom has taken similar action. On February 13, 2023, Governor Newsom signed Executive Order N-3-23 that maintains almost all of the drought-response actions of his prior drought-related proclamations and executive orders.

Executive Order N-3-23 ordered state agencies to submit their views on whether any existing provisions in the Governor’s drought proclamations and executive orders are no longer needed. The state agencies will submit their recommendations to the Governor no later than April 28, 2023. Metropolitan staff will monitor the statewide discussions on easing any drought orders and emergency regulations now in effect.

Finally, staff considered the need to move the region beyond the Regional Drought Emergency and to adopt a regional Water Supply Allocation Plan (WSAP) for fiscal year 2023-2024. The December 13, 2022, Board resolution declaring the Regional Drought Emergency had resolved that, should drought conditions persist or worsen in the coming months, the Board would consider implementing a regionwide supply allocation in March 2023. Drought conditions overall have not worsened in 2023 and are significantly improved in the SWP watershed. Based on hydrologic conditions to date, SWP water supply conditions are projected to improve even more in the coming months. These changed conditions are further enhanced by increases in local agency supplies, and demand-response effectiveness of the actions already taken by the member agencies in response to the Governor’s call for conservation. Due to these improved conditions, staff does not anticipate a need for a regionwide supply allocation during fiscal year 2023-24. Staff continues to evaluate supply and demand conditions as they develop.

Policy
Metropolitan Water District Administrative Code Section 11104: Delegation of Responsibilities Metropolitan Water District Administrative Code Section 4512: Sales Subject to System and Water Availability Metropolitan Water District Administrative Code Section 6410: Powers and Duties By Minute Item 43514, dated April 13, 1999, the Board adopted the Water Surplus and Drought Management Plan.

By Minute Item 47393, dated February 12, 2008, the Board adopted the Water Supply Allocation Plan.

By Minute Item 52481, dated August 17, 2021, the Board adopted a “Condition 2 – Water Supply Alert” resolution.

By Minute Item 52581, dated November 9, 2021, the Board adopted a resolution as modified recognizing a statewide drought emergency, declaring specified emergency conditions within the Metropolitan service area, and directing specified actions.

By Minute Item 52802, dated April 26, 2022, the Board declared a Water Shortage Emergency Condition, authorized the Emergency Water Conservation Program, and expressed support for the Governor’s Executive Order N-7-22.
163
3/14/2023 Board Meeting 7-9 Page 5
By Minute Item 52946, dated August 16, 2022, the Board adopted a resolution committing to regional reliability for all member agencies.

By Minute Item 53015, dated October 11, 2022, the Board adopted a resolution encouraging action to eliminate irrigation of non-functional turf with potable water.

By Minute Item 53061, dated December 13, 2022, the Board adopted a resolution declaring a Regional Drought Emergency.

California Environmental Quality Act (CEQA)
CEQA Determination for Options #1 & 2:

The proposed actions are not defined as a project under CEQA (Public Resources Code Section 21065, State CEQA Guidelines Section 153
78) because they involve continuing administrative or maintenance activities and/or general policy and procedure making that will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Section 15378(b)(2) of the State CEQA Guidelines). In addition, the proposed actions are not defined as a project under CEQA because they involve organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the state CEQA Guidelines).

Board Options
Option #1
Remove the Water Shortage Emergency Condition declared on April 26, 2022, for the SWP Dependent Area, terminate the Emergency Water Conservation Program and application of any penalties accrued, and reaffirm the Regional Drought Emergency declared on December 13, 2022.

Fiscal Impact: No negative fiscal impact. Upon terminating the Emergency Water Conservation Program, revenues from water transactions may increase if member agencies increase purchases of Metropolitan water.

Expenditures for Emergency Water Conservation Program enforcement activities under Member Agency Administered Program may decrease as funding and procedures revert to the previously established guidelines.

Business Analysis: Making sufficient SWP supplies available to address the reliability needs of the SWP Dependent Area member agencies in 2023 is consistent with the Board’s intent for Metropolitan to provide equitable reliability across the service area.

Option #2
Continue the Water Shortage Emergency Condition declared on April 26, 2022, for the SWP Dependent Area, continue the Emergency Water Conservation Program, and reaffirm the Regional Drought Emergency declared on December 13, 2022.

Fiscal Impact: By continuing the Emergency Water Conservation Program, revenues from water transactions will likely decrease as member agencies reduce water demands. At the March 22, 2022, budget workshop, staff presented a scenario with 100,000 acre-feet fewer transactions each year. This scenario— realistic in the magnitude of the needed demand management activity—could reduce revenues by approximately $100 million in fiscal year 2022/23.

Business Analysis: The Emergency Water Conservation Program would continue until June 30, 2023.

Restricting SWP supplies available to agencies within the SWP Dependent Area may not be consistent with the Board’s intent for equitable reliability across Metropolitan’s service area. 164
3/14/2023 Board Meeting 7-9 Page 6
Staff Recommendation
Option #1
2/22/2023
Brad Coffey
Manager, Water Resource Management
Date
2/27/2
023
Adel Hagekhalil
General Manager
Date
Attachment 1 – Emergency Water Conservation Progra
m Performance
Ref# wrm12689889
165
3/14/2023 Board Meeting 7-9 Attachment 1, Page 1 of 1
Emergency Water Conservation Program Performance

166

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-3-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency due to drought conditions that continue today and exist across California; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and these impacts continue to affect groundwater basins, local water supplies, and ecosystems, resulting in continuing drought in the State; and
WHEREAS the ongoing drought continues to have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS early, substantial rains in October and December 2021 gave way to the driest January-February-March period in over 100 years in California, leading the October 2021 to September 2022 water year to end with statewide precipitation at 7 6 percent of average, with statewide reservoir storage at 69 percent of average, and with Lake Oroville-the State Water Project's largest reservoir-at 64 percent of average; and
WHEREAS in January 2023, the State experienced one of the wettest three week periods on record, yielding a snowpack that was at 205 percent of average on February 1, 2023, yet to date February has been drier than average; and
WHEREAS the current snowpack hos not reduced stresses upon the State's water resources, including low storage levels, depleted aquifers, and diminished local water supplies; and
WHEREAS the State can expect continued swings between extreme wet and extreme dry periods that can present risks of severe flooding and extreme drought in the same year; and
WHEREAS California must adapt to a hotter, drier future in which a greater share of rain and snowfall during the wetter months will be absorbed by dry soils, consumed by plants, and evaporated into the air, leaving less water for communities, species, and agriculture; ond
WHEREAS the frequency of hydrologic extremes experienced in the State is indicative of an overarching need to continually reexamine policies to promote resiliency in a changing climate; and
WHEREAS Californians continue to make progress conserving water, with urban water users conserving 17.1 percent statewide in December 2022 compared to December 2020 and agricultural producers continuing to invest in more efficient irrigation; and
WHEREAS despite this progress, the uncertainty of precipitation during the remainder of the winter and spring, and the potentia l of dry conditions next 167
winter and of drought conditions extending to a fifth year, make it necessary for the State to continue water-conservation measures and drought-resilience actions to extend available supplies, protect water reserves, and maintain critical flows for fish and wildlife; and
WHEREAS as directed in "California's Water Supply Strategy: Adapting to a Hotter, Drier Future," the State plans to stretch water supplies by storing, recycling, de-salting, and conserving the water it will need to keep up with the increasing pace of climate change; and
WHEREAS multiple regions of the State, such as the Klamath Basin and the Colorado River system, face severe water shortage conditions, and groundwater basins in the Central Valley continue to be depleted from years of drought and overdraft; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS capturing and storing storm and snowpack runoff underground to recharge aquifers is an important strategy to help regions stabilize water supplies in the face of hydrologic extremes; and
WHEREAS state agencies have created streamlined permitting pathways to enable groundwater recharge that augments natural aquifer recharge, while protecting the environment and other water users, but more opportunities exist to facilitate groundwater recharge; and
WHEREAS coordination between loca l entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May l 0, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-10-21 (July 8, 2021) and N-7- 22 (March 28, 2022), remain in full force and effect, except as modified by those proclamations and orders and herein. State agencies shall 168
continue to implement all directions from those proclamations and orders and accelerate implementation where feasible.

2. To maximize the extent to which winter precipitation recharges underground aquifers, the Department of Water Resources, the State Water Resources Control Board (Water Board), and the Department of Fish and Wildlife shall continue to collaborate on expediting permitting of recharge projects and shall work with loca l water districts to facilitate recharge projects.

3. Paragraph 4 of my State of Emergency Proclamation dated May 10, 2021 and Paragraph 4 of my State of Emergency Proclamation dated July 8, 2021 are withdrawn, and each is replaced with the following text:

To ensure adequate water supplies for purposes of health, safety, the environment, or drought resilient water supplies, the Water Board shall consider modifying requirements for reservoir releases or diversion limitations in Central Valley Project or State Water Project facilities to:
(i) conserve water upstream later in the year in order to protect cold water pools for salmon and steelhead, (ii) enhance instream conditions for fish and wildlife, (iii) improve water quality, (iv) protect carry-over storage, (v) ensure minimum health and safety water supplies, or (vi) provide opportunities to maintain or to expand water supplies north and south of the Delta. The Water Board shall require monitoring and evaluation of any such changes to inform future actions. For any actions taken pursuant to this paragraph and any approvals granted in furtherance of this paragraph, Water Code Section 13247 and Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken or ongoing under Paragraph 4 of my May 10, 2021 Proclamation or Paragraph 4 of my July 8, 2021 Proclamation.

4. Paragraph 9 of Executive Order N-7-22 is withdrawn and replaced with the following text:

To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or 169
b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This Paragraph shall not apply to permits for wells (i) that will provide less than two acre-feet per year of groundwater for individual domestic users, (ii) that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code, or (iii) that are replacing existing, currently permitted wells with new wells that will produce an equivalent quantity of water as the well being replaced when the existing well is being replaced because it has been acquired by eminent domain or acquired while under threat of condemnation.

5. No later than April 28, 2023, state agencies shall send me their recommendations for what further actions, if any, are necessary for on going emergency drought response, and their views on whether any existing provisions in my proclamations and executive orders related to the drought emergency are no longer needed to prepare for and mitigate the effects of the drought conditions.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 13th day
of February 2023.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
170
Declaration of a Stage 1 Water Shortage Condition with New Mandatory Water Conservation Measures
Joseph Marcinko
Assistant Public Works Director
Water Utilities
City Council
April 18, 2023
171
That the City Council adopt a resolution declaring a stage one water shortage implementing water conservation measures pursuant to the City’s Water Shortage Contingency Plan, and rescinding Resolution No. 15,569.

O
RECOMMENDATION 2
172
● March 18, 2022 - State Water Project (SWP) allocations were reduced from 15% to 5% by the Department of Water Resources (DWR)
● March 28, 2022 - Governor Newsom issued Executive Order N-7-22 directing a number of actions in response to the historic drought conditions ● April 26, 2022, - Metropolitan Water District (MWD) declared a water shortage emergency condition in State Water Project (SWP) dependent areas ● April 27, 2022 Calleguas Municipal Water District (CMWD) declared a Water Shortage Emergency Condition exists within its service area and adopted MWD’s Emergency Water Conservation Program (EWCP)
● May 17, 2022, Oxnard City Council proclaimed a local emergency due to the water shortage conditions and adopted Resolution Nos. 15,568 & 15,569 DROUGHT BACKGROUND 3
173
● The beginning of 2023 has brought record-breaking precipitation to California, resulting in one of the wettest periods on record ● January 26, 2023, Department of Water Resources (DWR) announced an initial SWP allocation of 30 percent
● February 22, 2023, DWR increased the SWP allocation up to 35 percent ● March 24, 2023 DWR increased the allocation of SWP supply up to 75% IMPROVEMENT IN WATER SUPPLY & DWR ACTIONS 4
174
CALLEGUAS, MWD AND STATE ACTIONS 5
● February 15, 2023 CMWD passed Resolution No. 2070 suspending the one day a week watering restriction
● March 14, 2023, the MWD Board of Directors lifted their Water Shortage Emergency Condition for SWP-dependent areas and terminated the EWCP ● March 24, Governor Newsom signed Executive Order N-5-23 which eased some State drought emergency provisions while also maintaining others 175
● With the improved local water supplies, the Director of Emergency Services, as of April 18, 2023, will no longer continue the local emergency ● As a result, Resolution 15,568 and Director's Order No. 22-03, 22-04, and 22-05 become void
Given the improvements in local water supply conditions, while continuing to promote water efficiency, Water staff recommend that the City Council:

Adopt a resolution declaring a Stage1 water shortage implementing water conservation measures pursuant to the City’s Water Shortage Contingency Plan, and rescinding Resolution No. 15,569.

OXNARD PROPOSED ACTIONS 6
176
● Watering of lawns, functional turf, trees, shrubs, vegetation, landscape and other outside irrigation is limited to three days per week ● Watering days for all customers: Monday, Wednesday and Saturday ONLY ● 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 as permitted during the three days per week watering allowance
NEW MANDATORY WATER CONSERVATION MEASURES 7
177
• 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 three-day watering restriction imposed on less efficient irrigation systems • Potable water for irrigation of non-functional turf at commercial, industrial and institutional properties, including HOAs, is prohibited • The application of potable water to landscapes during and within 48 hours after measurable rainfall is prohibited
• The use of potable water in a fountain or other decorative water features is prohibited, except where the water is part of a recirculating system NEW MANDATORY WATER CONSERVATION MEASURES 8
178
• All vegetation within Wildland-Urban Interface and Defensible Space will be maintained as required under Public Resource Code 429
• It is important to note that the permanent water conservation measures listed under Oxnard City Code Chapter 22, Sec. 22-136 must always be followed, regardless of the water shortage level, declaration of a water shortage level imposes additional water use restrictions NEW MANDATORY WATER CONSERVATION MEASURES 9
179
● Water staff are committed to promoting
water conservation programs and
resources
● The public is encouraged to stay
informed about the latest restrictions
and available resources by using the
water conservation hotline at (805)
385-3905 or visiting OxnardWater.org
● Outreach efforts will focus on regional
partnerships promoting practical steps
that can be taken now, such as planting
drought-tolerant landscapes, to mitigate
the impact of future dry conditions
OXNARD’S OUTREACH EFFORTS 10
180
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.

STRATEGIC PRIORITIES 11
181
There is no direct financial impact in adopting this resolution.

FINANCIAL IMPACT 12
182

QUESTIONS
13 183

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: April 18, 2023

TO: City Council

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

SUBJECT: Amended Budget Appropriations for Public Works for Fiscal Year 2022-23. (10 minutes)

RECOMMENDATION

That the City Council approve:

1. A project budget appropriation from insurance proceeds in the amount of $272,636 within the General Fund (101) for the Durley Park Concessions Building Repairs Project (TBD);

2. Fiscal Year 2022-23 budget appropriations from the available fund balance in the amount of $75,000 from the General Fund (101) to the Stormwater Fund (114) for stormwater related expenses; and

3. Fiscal Year 2022-23 budget appropriations from the available fund balance for an amount not to exceed $500,000 from the Fleet Maintenance Fund (741) for any unanticipated fuel increases through June 30, 2023.

(Public Works and Transportation Committee approved 2-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uDEP_HO3meY

BACKGROUND

The City’s Public Works Department reviewed its Adopted Budget for Fiscal Year (FY) 2022-23 and is requesting to adjust the budget for various funds for several unexpected reasons since the City Council adopted the FY operating budget on June 21, 2022. There is a request to appropriate insurance proceeds related to an insurance claim for Durley Park repairs. There is an unanticipated repair costs related to the recent storm event in January. The recent increases in fuel and compressed natural gas (CNG) costs will surpass the current budget allocation.

DISCUSSION

General Fund (101)

On February 18, 2022 the Durley Park Concession building sustained fire damage and incurred losses. The City is currently working with its insurance carrier and has received authorization for like-for-like repairs to this building. The insurance is advancing funds in the amount of $272,636 for the repairs and the City is responsible for the $50,000 deductible. The Parks Division has paid out a total of $48,254 in repairs that counts toward the deductible with $1,746 remaining. These repairs included pressure testing existing gas lines, smoke and fire cleanup, replacing damaged electrical, and architectural/engineering services. There is still an additional $50,400 of authorized work that will be billed for architectural and engineering services by the on-call architect.

Staff is recommending to appropriate the net insurance proceeds of $272,636 to this Durley Park Concessions Building 184
Repairs Project (Project). However, without detailed design drawings and contractor proposals, the total cost of the Project is still to be determined. If actual bids received are greater than the available funds, then staff will recommend an appropriation of the additional funds for Council's consideration when awarding the project for construction. The insurance company will reimburse any additional appropriation amount necessary for the like-for-like repairs.

Additionally, this Project may extend into the next fiscal year for 2023-24, depending on the bidding process. Therefore, any unspent funds in the current fiscal year will need to be carried over into the next fiscal year within this Project.

Stormwater Fund (114)

Due to unexpected stormwater related repairs during the FY 2022-23, which include sinkhole repairs, storm drain failures, and the January 2023 storm event, the Stormwater Fund (114) has been heavily impacted with unplanned expenditures totaling $280,373.81 as of February 2023. The majority of these costs have been absorbed by the stormwater fund by reducing previously scheduled services and delaying projects, however these reductions/delays can no longer continue. An additional amount of $75,000.00 is needed to carry out the regularly scheduled services of the stormwater group which include catch basin cleaning and storm channel cleaning. These funds are being requested as a transfer from the General Fund (101) to the Stormwater Fund (114).

Fleet Maintenance Fund (741)

Fleet Maintenance staff members oversee the fuel budget and are responsible for paying the vendor fuel consumption for 955 vehicles and equipment owned by the City. Vehicles are from all City departments including Fire and Police.

Increased costs in diesel, unleaded gasoline, and CNG fuel has impacted the Fleet Maintenance Fund which will impact its operating budget. Fleet Services received an increase of $100,000 in FY 2022-23 compared to previous years but the amount is not sufficient to cover the volatile fuel prices. The current budget for fuel (unleaded, diesel and CNG) is $2,740,000 with estimated total fuel costs of $3,500,000 through June 30, 2023. Staff has made adjustments internally to help offset these increases through budget adjustments, however, Fleet Services is requesting an additional appropriation not to exceed $500,000 to cover any anticipated funding shortfall for fuel usage through June 30, 2023.

All fuel charges are allocated and charged on an actual usage basis to all departments with City vehicles that are maintained by the Fleet Maintenance Division.

Table 1. Average and Estimated Fuel Costs

Fuel
Type
Average
Actual
Cost/Gallon Jul-
Dec 2022
Average Estimated
Cost/Gallon Jan-Jun
2023
FY 22-23
Current
Budget
FY 22-23
Estimated
Expenditures
Variance/
Shortfall
Unleaded $5.895 $5.350 $1,414,000 $1,250,000 $164,000
Diesel $5.314 $5.600 $1,121,000 $1,650,000 -$529,000
CNG $1.623 $3.000 $205,000 $600,000 -$395,000
TOTAL $2,740,000 $3,500,000 -$760,000
Internal Budget Adjustments +$281,000
Estimated Net Shortfall -$479,000
Request for an Amount Not to Exceed Additional Budget Appropriation $500,000 185

Table 2. Actual Gallons Used

Fuel Type Actual Gallons Used
Jul-Dec 2022
Unleaded 115,744
Diesel 140,847
CNG 120,669

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The financial impact of each recommended action is spelled out in the Discussion section that describes that action and also depicted in the following table.

Fund Name/Number Additional Budget Appropriations
General Fund (1013301-53200) (Project TBD)
(Insurance proceeds)
$272,636
Stormwater (1143502-53200)
(Transfer from General Fund - $75,000)
$75,000
Fleet Maintenance Fund (741) Up to $500,000

For Finance Use Only: General Fund (Org. 1013301, Obj 53200, Proj# TBD and Org. 1011001, Obj. 59800), Stormwater Fund (Org. 1141001, Obj. 49300 and Org. 1143502, Obj. 53200), Fleet Maintenance Fund (Org. 7413750, Obj. TBD)

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on March 28, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Presentation

186
Amended Budget Appropriations for Public
Works for Fiscal Year 2022-23
Public Works and Transportation Committee
March 28, 2023
Michael L. Wolfe, PE
Public Works Director
187
That the Public Works and Transportation Committee recommend that the City Council approve:

1. A project budget appropriation from insurance proceeds in the amount of $272,636 within the General Fund (101) for the Durley Park Concessions Building Repairs Project (TBD);

2. Fiscal Year 2022-23 budget appropriations from the available fund balance in the amount of $75,000 from the General Fund (101) to the Stormwater Fund (114) for stormwater related expenses; and

RECOMMENDATION 2
188
• City’s Public Works Department reviewed its Adopted
Budget for Fiscal Year (FY) 2022-23
• Requesting to adjust the budget for various funds for several reasons that have come up since the City Council originally approved the FY operating budget on June 21, 2022
• Durley Park repairs - insurance claim net proceeds
• Unanticipated storm-related repair costs in the stormwater division • Recent increase in fuel and compressed natural gas (CNG) costs will surpass the current budget allocation
BACKGROUND 3
189
General Fund (101) - Durley Park Concessions Building
Repairs Project (TBD)
• January 18, 2022: Durley Park incurred losses related to fire damage
• Insurance claim has been submitted to the City’s insurance carrier and has been authorized at a current repair cost of $322,636
• City is responsible for the $50,000 deductible with net insurance proceeds at $272,636
• $50,000 will be paid from the General Fund Parks Operating Budget

DISCUSSION 4
190
Stormwater Fund (114) - Unanticipated repairs related to recent storm event:
• Due to recent unexpected stormwater related
repairs, which include sinkhole repairs, stormdrain
failures and the January 2023 storm event, the
Stormwater Fund (114) has been heavily impacted
with unplanned expenditures
• Absorbing most costs associated with these repairs;
however, anticipated budget shortfall is $75,000
• A transfer from the General Fund is being requested
to offset this shortfall
DISCUSSION 5
191
Fleet Maintenance Fund (741) - Increased fuel and
compressed natural gas (CNG) costs:
• Fleet Services maintains and supplies fuel for 955
vehicles and equipment
• Fuel and CNG costs continue to increase
DISCUSSION 6
Fuel Type
Average
Actual Cost/Gallon
Jul-Dec 2022
Average Estimated
Cost/Gallon
Jan-Jun 2023
FY 22-23 Current
Budget
FY 22-23
Estimated
Expenditures
Variance/
Shortfall
Unleaded $5.90 $5.35 $1,414,000 $1,250,000 $164,000
Diesel $5.31 $5.60 $1,121,000 $1,650,000 -$529,000
CNG $1.62 $3.00 $205,000 $600,000 -$395,000
TOTAL $2,740,000 $3,500,000 -$760,000
Internal Budget Adjustments $281,000
Estimated Net Shortfall -$479,000
Request for an Amount Not to Exceed Additional Budget Appropriation $500,000 192
• Requests
• Insurance net proceed appropriations for $272,636
• Increased appropriations for $75,000 from the
General Fund for Stormwater repairs
• Request for up to $500,000 from the Fleet Maintenance Fund

FINANCIAL IMPACT 7
Fund Name/Number
Additional Budget
Appropriations
General Fund (1013301-53200) (Project TBD) $272,636
Stormwater (1143502-53200)
(Transfer from General Fund - $75,000) $75,000
Fleet Maintenance Fund (741) Up to $500,000
193

QUESTIONS
8 194

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: April 18, 2023

TO: City Council

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

SUBJECT: Agreement 32300365 with Dial Security for Security Guard Services at Various City Locations. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. The use of the City of Ventura’s City Wide Security Guard Services Agreement, which includes a piggyback provision, to establish a security guard service agreement for the City of Oxnard;

3. The Purchasing Agent to execute an amendment to Agreement 32300365 to exercise the option to extend, through December 31, 2023, if needed.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/tQAtV4HNgMo

BACKGROUND

The Public Works Department (Public Works) is responsible for the operation of the City’s Oxnard Transportation Center (OTC), Water Campus, Oxnard Wastewater Treatment Plant (OWTP) and Headworks Facility, Advanced Water Purification Facility (AWPF) and the Del Norte Regional Recycling and Transfer Station (Del Norte). These facilities are located in the City of Oxnard and provide essential public utility services to the residents of Oxnard and the west Ventura County region.

These City facilities require the security services to act as a first deterrent for unwanted activity to ensure the safety of personnel, protect property, customers and the general public; and guard against vandalism. The City has used security services for City facilities over the past fifteen years.

Table 1 provides the location and property size for each facility. Based on the needs and size of the facilities, security guards will be assigned accordingly.

TABLE 1

CITY FACILITY LOCATION ESTIMATED

LOT SIZE (ACREAGE)
Oxnard Transportation Center 201 East Fourth Street 8
195
Water Campus 251 South Hayes Avenue 4.9
OWTP &
Headworks Facility
6001 Perkins Road/
5741 Perkins Road
30 AWPF 5700 Perkins Road 4.7
Del Norte 111 Del Norte Boulevard 16

DISCUSSION

On September 9, 2021, request for proposal (RFP) PW 22-22 was released. Proposals from 13 different security firms were submitted. The City entered into agreement A-8402 with Professional Security Consultants (PSC) on February 1, 2022 based on PSC’s overall proposal. Due to performance issues related to improper staffing, site break-ins, and theft/vandalism to City property during the hours that PSC was scheduled to be patrolling these City facilities, the City has chosen to terminate and not extend services with PSC.

Due to the sensitive nature of the services provided by security personnel, staff have researched options to enter into a temporary agreement for security services. This will allow for continuity of services while developing an updated scope of services and run a solicitation for a long term agreement for security services.

The City of Ventura currently has an agreement with Dial Security (Dial). Ventura acquired Dial’s services through a competitive solicitation process. Dial was selected by Ventura after being evaluated against other proposing security firms based on their qualifications, experience, resources, completeness of submitted proposal, references, and cost. A component of Ventura’s solicitation requirements includes a provision that allows for optional cooperative purchase agreements. This provision allows for other public agencies within California to utilize the results of the solicitation to enter into an agreement with the awarded vendor.

Staff has met with Dial to discuss the City’s needs and Dial’s capabilities. Dial has confirmed their ability in entering into an agreement for up to eight months while the City runs a new solicitation. The agreement will run for an initial two month term (May 1, 2023 through June 30, 2023) and have an option to extend for an additional six months (July 1, 2023 through December 31, 2023) to mirror the terms of the City of Ventura agreement that is being used as a basis for this agreement.

The all-inclusive hourly rates for Dial’s services are shown in Table 2. The rates are approximately 30% higher than the rates in the current PSC agreement. When RFP PW 22-22 was originally run, hourly rates from the bidders ranged from $23.75 to $40 per hour. Dial’s rates are in alignment with the original rates submitted in the RFP process. These rates include all costs necessary to service each facility including equipment and vehicles

TABLE 2

SERVICE TYPE RATE

UNARMED
Security Officer Rate $32.88 per hour
Holiday Rate $49.32 per hour
Security Officer & Patrol Car Rate $39.95 per hour
Roving Patrol with 6 visits per night, 7 days a week $2,050 per month

Due to performance issues with PSC and time constraints of releasing a new solicitation, staff is recommending piggybacking on the City of Ventura’s security guard service agreement despite the increase in costs for services. Public Works staff will coordinate with the Purchasing Division to develop a new scope of services and release a solicitation for 196
a new multi-year security guard agreement. Utilizing a short term agreement with Dial Security allows for continuous security guard services that are vital to the safety and security of City facilities.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with Dial shall not exceed $215,000 for the initial two months on the agreement and a total of $850,000 through December 31, 2023, if extended. Services will commence May 1, 2023. Sufficient funds are available in the respective funds for FY 2022-23 for May through June 30, 2023. Funding for future years will be included in the proposed operating budgets for the City Council’s consideration.

The following table shows the estimated spending plan for all divisions which also includes any potential increases after the initial term.

FACILITY ACCOUNT FY 2022-23 FY 2023-24 TOTAL
OTC 90403201-53200 $90,000 $270,000 $360,000
Water Campus 6083607-53200 $45,000 $135,000 $180,000
OWTP 6113614-53200 $23,000 $70,000 $93,000
AWPF 6013605-53200 $12,000 $35,000 $47,000
Del Norte 6383639-53200 $45,000 $125,000 $170,000
Total $215,000 $635,000 $850,000

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300365

2. Presentation

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TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND DIAL SECURITY

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Dial Security (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. This trade service agreement is a “piggyback” agreement based upon a security guard service agreement between the SERVICE PROVIDER and the City of Ventura. The City of Oxnard requires security guard services at several of its city facilities and desires to contract with the SERVICE PROVIDER for said services.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030

DIAL SECURITY (“SERVICE PROVIDER”), a corporation of the State of California, located at 760 W. Ventura Blvd., Camarillo CA 93010

3. TERM OF AGREEMENT: From (Date): 5/1/2023 To (Date): 6/30/2023

3.1 Time is of the essence in this Agreement.

3.2 The initial term of this Agreement, plus any option to extend shall not exceed a total of eight (8) months. The CITY in its sole discretion may exercise the option to extend, if the City of Ventura exercises the option to extend the original agreement, which the CITY is “piggybacking” onto. The City shall provide written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. All Notices shall comply with section 20 of this Agreement.

3.3 The CITY shall have the option for one six month extension, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement.

3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $850,000.00

5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

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Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Brian Yanez Name: Blake Dundas
Title: Assistant Public Works Director Title: Business Manager Phone: (805) 200-5412 Phone: (805) 389-6700 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
305 West Third Street
Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
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8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount that is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within forty- five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER 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. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER 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 payment 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.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the 200
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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 performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER 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 Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2 and 3.3, this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to 201
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exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

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17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services. SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure 203
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to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement.

If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER.

Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement.

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20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

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23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.

The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER. 207
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27. CONFLICT OF INTEREST

SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. [RESERVED]

29. [RESERVED] -

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until 208
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agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

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Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an 210
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authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

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In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD DIAL SECURITY

☐John C. Zaragoza, Mayor1 Date Bill Dundas, President Date ☐Jennifer Yates, 2
Purchasing Manager

Blake Dundas, Secretary 3 Date

ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 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.

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and DIAL SECURITY)

SCOPE OF SERVICES

LOCATION SCOPE OF SERVICES
Oxnard Transportation Center (OTC):

The parameters for the private patrol operation (PPO) are as follows:

SITE PATROL SCHEDULE FOR PPO– OXNARD TRANSPORTATION CENTER (OTC) Vendor shall provide unarmed security services for the City of Oxnard’s Oxnard Transportation Center (OTC), located at 201 East Fourth Street:

Background Information
The Oxnard Transit Center (OTC) is a two-story, 13,000 square feet brick motif building that opened in 1986. The total facility area is slightly over five acres, and includes parking lots, bus and rail loading facilities, and landscaped areas. During business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 5:00 a.m. to 10:30 p.m., and Saturday and Sunday from 6:00 a.m. to 10:30 p.m. After business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 10:30 p.m. to 5:00 a.m., and Saturday and Sunday from 10:30 p.m. to 6:00 a.m. The OTC is a multi- model transportation facility and is open every day of the year (365 days per year), including City holidays. Security cameras and an indoor concierge desk provide a central location for security officers and high visibility for the patrons, employees, and business owners. The City has closed circuit television surveillance cameras inside and outside the building, with a central station at the concierge desk where the security guards are stationed. Most of the cameras have pan-tilt- zoom features.

Service Description
Vendor will provide patrol unarmed security services to the OTC located at 201 East Fourth Street and its associated public parking lots on Meta Street, East Fourth Street, and 273 East Fifth Street. The selected vendor is expected to serve as the City's main customer contact for visitors to the Oxnard Transit Center during business hours. The City does not have an on-site property manager so the lead on-site security guard will serve as a liaison to notify City staff of issues about property management that require repairs to the premises. The main concentration of patrol time during open hours is located in and around the OTC, its surrounding parking lots and train and bus loading platforms. Attachment 1- Aerial Map for OTC is a map of the facility. This facility will require a patrol vehicle.

Service During Operational Hours

1. One (1) uniformed patrol person on site from 5:00 a.m. to 10:30 p.m., Monday - Friday and Saturday and Sunday from 6:00 a.m. - 10:30 p.m. Two (2) uniformed patrol persons on site during peak hours of operation from 9:00 a.m. - 6:00 p.m. Monday - Friday, and from 9:00 a.m. to 5:00 p.m. Saturday - Sunday.
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● Monday through Friday
o 5:00 a.m. to 9:00 a.m. one (1) uniform patrol person
o 9:00 a.m. to 6:00 p.m. two (2) uniform patrol persons o 6:00 p.m. to 10:30 p.m. one (1) uniform patrol person ● Saturday through Sunday
o 6:00 a.m. to 10:30 a.m. one (1) uniform patrol person o 9:00 a.m. to 5:00 p.m. two (2) uniform patrol persons o 5:00 p.m. to 10:30 p.m. one (1) uniform patrol person

2. Patrols will take place periodically by a variety of means. Patrols may occur by vehicles, bicycle, foot, video surveillance, and a combination thereof.

3. It is up to the vendor to schedule their employees according to the hours above. The City will not pay the vendor for any over-time hours under any conditions.

Service During Non-Operational Hours-Night Patrol

1. During the overnight, non-operational hours, a standing guard is not required for the duration. A minimum of six (6) random nightly patrols between the hours of 10:30 pm and 5:00am must occur. a. One (1) uniformed patrol person shall provide random roaming security checks at the OTC, including all parking lots, overpass stairs, bus platform, train platform and the perimeter of the building.
b. Patrols should not be at the same time on any given evening and should be performed nightly on a rotating random basis.

Patrol Person Responsibilities - Assigned Patrol Person Will:

1. Patrol assigned areas as required. The assigned areas include:
a. bus platforms
b. train platforms
c. lobby and kiosks areas
d. restrooms
e. waiting areas
f. public areas within and outside the building
g. both long-term and short-term parking lots

2. Report abandoned vandalized and/or unregistered vehicles to Oxnard Police.

3. Discourage loitering on the premises including all landscaped areas.

4. Observe and report any illegal or hazardous activities and/or items to law enforcement immediately. The OTC manager is to be notified of the disposition of the law enforcement response as soon as possible.

5. Provide information as directed to employees, the public, and visitors of the OTC.

6. Determine loss, damage, or misuse of the property.

7. Open and close the OTC, utilizing the alarm systems.

8. Regularly survey the security and safety status of the OTC area and report findings.

9. Assist in the evacuation of OTC area patrons and employees as necessary.

10. Monitor activity occurring within the OTC and on the OTC property.

11. Investigate any suspicious activity and notify law enforcement when appropriate.

12. Assist fire department, medical services, and police agencies as necessary.

13. Maintain and update the security procedures manual, commonly known as "Post Orders."

14. Maintain a professional appearance at all times.

15. Provide a daily log noting exceptional events and observations.

16. Operate the closed circuit television system and maintain its records as required by the City's records retention policies.
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17. Locate persons who are disturbing patrons or engaging in illegal activities at the OTC. Advise those who are impeding normal operations or engaging in illegal activities at the OTC to leave the property.

18. Maintain photographic and written records of banned persons, habitual offenders, and persons who have been advised about trespassing.

19. Provide one copy of any subpoena for records to the City of Oxnard Office of the City Attorney, 305 West Third Street, East Wing, First Floor, Oxnard, CA 93030 within 48 hours of receiving a subpoena.

Provide notice to the property manager of any subpoena for records within 48 hours of receiving a subpoena.

20. Serve as a liaison to notify City staff of issues about property management that require repairs to the premises.

Water Campus:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WATER CAMPUS
Vendor shall provide security services to the City of Oxnard’s Water Campus located at 251 South Hayes Avenue.

Security Patrols

Vendor security patrols will include visual inspections of the Water Campus and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall perform regular visual inspection of parking lots, Meter Shop, Distribution Shop, container storage, Administration Building, Multi- Purpose Facility, Reverse Osmosis Plant, and the surrounding area of the Water Campus. Vendor shall notify designated City staff of any unauthorized activities and police in the event of an emergency.

After-Hours Security Service

● Monday through Friday (13 hours)
o 12:00 a.m. – 7:00 a.m.
o 6:00 p.m. – 11:59 p.m.
● Saturday (24 hours)
o 12:00 a.m. – 11:59 p.m.
● Sunday and Holidays (24 hours)
o 12:00 a.m. – 11:59 p.m.

Vendor shall provide unarmed security services to the entire Water Campus, to include physical monitoring of the facility and monitoring of security cameras, vehicles, and equipment. Vendor shall notify designated City staff of any unauthorized activities and police in the event of an emergency. This facility will require a patrol vehicle. Attachment 2 - Aerial Map for Water Campus.

VENDOR RESPONSIBILITIES

1. Vendor shall maintain a daily post log noting exceptional events and observations and provide copies to the City.

2. Vendor must be a licensed private patrol operator with the California Department of Consumer Affairs, Bureau of Security and Investigative Services.

3. Each security officer and supervisor assigned to this project must possess a valid and permanent California Department of Consumer Affairs, Bureau of Security and Investigative Security Services security guard registration while on the job site.
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4. Each security officer and supervisor assigned to this project must be able to speak, read and write in English.

5. Vendor employees assigned to this project may be required to submit a Live Scan and criminal history check performed by the Oxnard Police Department at the City’s expense with or without notice.

Oxnard Wastewater Treatment Plant (OWTP), Headworks Facility and Advanced Water Purification Facility (AWPF):

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WASTEWATER TREATMENT PLANT (OWTP), HEADWORKS FACILITY, AND ADVANCED WATER PURIFICATION FACILITY (AWPF):

Vendor shall provide one unarmed uniformed security guard during after-hours to provide security patrols and to monitor surveillance cameras at the Wastewater Treatment Plant (OWTP) located at 6001 Perkins Road, Headworks Facility located at 5741 South Perkins Road, Oxnard, California 93033 and the Advanced Water Purification Facility located at located at 5700 Perkins Road. Vendor security patrols will include visual inspections of each facility and on-site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Vendor will make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols – OWTP, Headworks Facility & AWPF

Vendor shall provide roving security patrol of the OWTP, Headworks facility and AWPF throughout the duration of the hours noted below. Security Patrols shall ensure all facilities are secure through physical inspection of facility gates and building doors. Primary responsibility is to ensure that all persons on any of the three (3) sites are duly authorized. Security personnel shall make contact with any unknown individuals on the sites to determine proper authorization and purpose for access to the facility. All areas within the fence line shall be monitored on a continuous basis for unauthorized intruders. Security personnel will not be required to enter buildings. Only one (1) vehicle will be required for both facilities. Attachment 3 and 4- Aerial Map for OWTP and Aerial Map for AWPF are maps for the facilities.

After- Hours Security Service – OWTP, Headworks Facility and AWPF

● Monday through Sunday (12 hours)
o 6:00 p.m. – 6:00 a.m.

1. Vendor shall immediately notify Wastewater staff and City of Oxnard Police of any unauthorized activities or emergencies.

2. The OWTP is staffed continuously, 24 hours per day, 365 days per year. Therefore, security personnel shall check in with OWTP staff upon arrival at the facility and check out at the end of each shift. Daily logs shall be submitted at the end of every shift.

3. The City will provide the security person with a communication device, list of personnel on site, site access controls, restroom facilities and any other relevant information at the start of each day.

4. The OWTP, Headworks and AWPF are working facilities with tanks, pumps, and other potentially dangerous equipment. Vendor is not to enter any building, tank or other facility without prior written authorization or escort from City staff.

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Del Norte Regional Recycling and Transfer Station:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – DEL NORTE REGIONAL RECYCLING AND

TRANSFER STATION
Vendor shall provide one unarmed uniformed security guard during after-hours to provide security patrols and to monitor surveillance cameras at the Del Norte Regional Recycling and Transfer Station (Del Norte Facility) located at 111 Del Norte Boulevard, Oxnard, California 93030.

Vendor security patrols will include visual inspections of each facility and on-site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols - Del Norte Facility

Vendor shall provide control of after-hours access and make regular physical inspections of the site, patrols of the parking lots and the staging areas for recyclable material, equipment and supplies; regularly enter the facility to inspect piles of solid waste, recyclables and green waste for signs of spontaneous combustion and to contact emergency services as needed; secure all building doors and gate entrances, and monitoring of video security cameras. This facility will require a patrol vehicle. Attachment 5 - Aerial Map for Del Norte is a map of the facility.

After-Hours Security Service at the Del Norte Facility

● Monday through Friday (12.5 hours)
o 12:00 a.m. – 5:00 a.m.
o 4:30 p.m. – 11:59 p.m.

● Saturday (17 hours)
o 12:00 a.m. – 5:00 a.m.
o 12:00 p.m. – 11:59 p.m.

● Sunday and Holidays (24 hours)
o 12:00 a.m. – 11:59 p.m.

Vendor shall notify designated City staff of any unauthorized activities and the Police or Fire Departments in the event of an emergency.

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Scope of Services Exhibit, Attachment 1- Aerial Map of OTC

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Scope of Services, Attachment 2-Aerial Map for Water Campus

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Scope of Services Exhibit, Attachment 3-Aerial Map for OWTP & Headworks Facility

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Scope of Services Exhibit, Attachment 4- Aerial Map for AWPF

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Scope of Services Exhibit, Attachment 5- Aerial Map for Del Norte

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and DIAL SECURITY)

SCHEDULE OF COMPENSATION

It is up to the vendor to schedule their employees according to the hours listed in the Scope of Services.

The City will not pay the vendor for any over-time hours under any conditions. Vendor pays their employees for time and a half for six holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas in accordance with the Rates & Costs Exhibit.

Description Rate
Security Officer Rate $32.88 per hour
Holidays Rate $49.32 per hour
Rate for Security Officer & Patrol Car $39.95 per hour
Roving Patrol with 6 visits per night, 7 days a week $2,050 per month

Contract billing rate is an all-inclusive rate. The billing rate shall include all costs necessary including but not limited to; employee wages, benefits, required supplies, travel to and from locations, and patrol vehicles if necessary.

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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and DIAL SECURITY)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

[See next pages]

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Exhibit INS-A INSURANCE REQUIREMENTS FOR CONSULTANTS (WITH ERRORS AND OMISSIONS REQUIREMENT) 1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. 2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected] 3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or 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 shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 3/23 225
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY
LETTER B COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFFECTIVE DATE (MM/DD/YY)

POLICY EXPIRATION DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY

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

A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $
A

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000 & listed sub-consultant

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

227
Agreement No. 32300365

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

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

Insurance Company:

Policy No.:

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

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

Name:

Address:

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

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.

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

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.

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.

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or 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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

228
Agreement No. 32300365

Page 32 of 37 ends

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.:

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.

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed
229
Agreement No. 32300365

Page 33 of 37 ends

Oxnard City CouncilApril 18, 2023

Oxnard City Council
April 18, 2023