Agenda packet — Oxnard City Council, May 2, 2023 (part 1 of 3)

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 May 2, 2023
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM

Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 895 0938 1203

3. Passcode: 861019

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 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] by 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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 2

c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
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. Cultural & Community Services Department
SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION: That City Council receives the Senior Services Commission annual report.

Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
C. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2023 as "Older Americans Month."

2. SUBJECT: Presentation of a Proclamation Designating the Month of May 2023 as "Asian American and Pacific Islander Heritage Month."

3. SUBJECT: Presentation of a Proclamation Desiginating the Month of May 2023 as "Mental Health Awareness Month."

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 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 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 3

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.

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. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the March 21, 2023 regular meeting as presented.

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

2. Police Department
SUBJECT: Resolution Commending Marc Amon for over Twenty-Seven Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a resolution commending Marc Amon for over twenty-seven years of service to the City of Oxnard Police Department.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

3. Police Department
SUBJECT: Motorola Solutions Handheld Radio Purchase.

RECOMMENDATION: That the City Council approve and authorize the execution of a purchase order with Motorola Solutions in the amount of $374,941.10 for the purchase of 67 Motorola APX- 8000 portable radios.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 4

4. Information Technology Department
SUBJECT: First Amendment to IT Transformation Plan Execution Strategy & Roadmap Agreement #32300240 with Avasant LLC.

RECOMMENDATION: That City Council approve and the Mayor execute a first amendment to Avasant LLC professional services agreement #32300240 for information technology consulting services for an additional $130,375 resulting in a revised not-to-exceed total cost of $279,375 for the completion of an IT transformation plan execution strategy and roadmap on or before June 30, 2023.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the April 28, 2022 Finance and Governance Committee.)
Legislative Body: City Council
Contact: Helen Miller, (805)385-7446

5. Community Development Department

SUBJECT: Planning and Zoning Permit No. 21-300-04 (Final Map for 21-300-04) for the 1600 Ives Avenue Subdivision. Filed by Hassan Amirsadeghi, Habitat Properties, 10717 Wilshire Boulevard, Unit 607, Los Angeles, California 90024.

RECOMMENDATION: That the Oxnard City Council:

1. Accept Final Map 21-300-04 for the 1600 Ives Avenue Subdivision;

2. Receive and file a “Notice of Pending Approval” for Parcel Map 21-300-04 by the Interim Community Development Director including signature of “City Council’s Certificate” on the title sheet.

3. Authorize the City Clerk to sign the “Abandonment Certificate” for the vacation of certain infrastructure easements.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

6. Public Works Department
SUBJECT: Proposed User Fees for Group Picnic Site Reservations within CFD Number 7.

RECOMMENDATION: That the City Council adopt a resolution establishing new user fees for two new picnic areas built within the Community Facilities District Number 7, Wagon Wheel.

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

7. Community Development Department

SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located 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. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3026 approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and

2. Adopt Ordinance No. 3027 approving Planning and Zoning Permit No. 20-670-05 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 5

(Development Agreement No. A-8516), subject to certain findings.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

8. Community Development Department

SUBJECT: Project Name: RiverPark Boulevard Electronic Billboard Project; Located on an approximately 0.25-acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (APN: 132-0-311-075) and along the Ventura Freeway (Highway 101) in the RiverPark Specific Plan area.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3024 approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and

2. Adopt Ordinance No. 3025 approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), subject to certain findings.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
K. PUBLIC HEARINGS

1. Public Works Department
SUBJECT: Public Hearing on Proposed Water Rate Increases and Introduction of an Ordinance Establishing New Water Rates, Fees and Charges. (120 minutes)

RECOMMENDATION: That City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of an ordinance establishing water system user rates, fees and charges; and

2. Find that the California Environmental Quality Act (CEQA) does not apply to the ordinance that modifies the City’s water rates, according to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in 14 California Code of Regulations section 15273; and

3. Approve the introduction and first reading by title only and waive any further reading of the ordinance establishing rates, fees and charges for the use of and services relating to the City’s water services.

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

2. Community Development Department

SUBJECT: Project Del Sol High School Street Naming; Planning and Zoning (PZ) Permit No. 22- 650-01 (Street Name Change); Located near the northeast corner of Rose Avenue and Camino Del Sol. (20 minutes)
RECOMMENDATION: That the City Council:
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 6

1. Conduct a public hearing; and

2. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

3. Adopt a Resolution approving the request to name the currently unnamed streets Jaguar Way and Jacinto Drive.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rEPDXxp8Iz8
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

3. Community Development Department
SUBJECT: Recovery of Nuisance Abatement Costs. (15 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to consider objections to the cost report of the property owners whose property is to be assessed for nuisance abatement costs;

2. Approve the cost report; and

3. Direct the City Manager or designee to file a certified copy of the cost report with the Ventura County Auditor-Controller.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iWF85RM9ydE
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
L. REPORTS

1. Information Technology Department
SUBJECT: Purchase of Microsoft products 'piggybacking' off of County of Riverside Microsoft Enterprise Agreement. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve "piggybacking" off of the County of Riverside's Microsoft Enterprise Agreement 8084445 licensed service provider agreement PSA- 0001522; and

2. Authorize the Mayor to execute a purchase order with CDW Government LLC, a "piggyback" service provider and authorized Microsoft reseller, for an amount not-to-exceed $1,727,616 for the continued use and purchase of Microsoft products for three years beginning May 1, 2023, through April 30, 2026; and

3. Authorize the Mayor to execute a Microsoft Volume Licensing Program Signature Form.

(Finance and Governance Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/D1pz1ZV_UzE
Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 7

Contact: Helen Miller, (805)385-7446

2. City Treasurer
SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending March 31, 2023. (10 minutes)

RECOMMENDATION: That the City Council receive and file the report.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/YnL7SFWKYsc
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808

3. Public Works Department

SUBJECT: Professional Services Agreement 32300386 with COAR Design Group for the Fire Stations No. 2, 3 and 4 for Professional Architectural and Engineering Design Services. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. The execution of an Agreement with COAR Design Group, in the amount of $5,414,207 for professional design services for new Fire Stations No. 2, 3, and 4 (Project Nos. C1702/172201 and C2255/22AR54); and

2. A project budget appropriation transfer in the amount of $550,000 in the Capital Growth Fees Fund (355) from the Fire Station No. 4 Project (Project No. C1702/172201) to the Fire Stations No. 2, 3, and 5 Project (Project No. C2255/22AR54).

(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.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mTIwRP7mYjc
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Updates to the Five Year Capital Improvement Program for Fiscal Years 2022-2027. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve and adopt updates to the 2022-2027 City of Oxnard Five Year Capital Improvement Program; and

2. Authorize project budget appropriations of $2,000,000 in Fiscal Year 2022-23 from the Capital Growth Fees Fund for the Fire Station 4 Rebuild Project (C1702/172201).

(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/EeVF3FMUviA
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 2, 2023 PAGE 8

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: State of California's Corrective Action Plan for the City of Oxnard's Solid Waste Operations. (10 minutes)

RECOMMENDATION: That the City Council receive and file the State of California Senate Bill 619 Corrective Action Plan (CAP) for the City of Oxnard's Solid Waste Operations.

(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/1bhs0J2LKNU
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. ADJOURNMENT

8 CITY COUNCIL AGENDA REPORT

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

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION

That City Council receives the Senior Services Commission annual report.

BACKGROUND

The Senior Services Commission’s annual report to the Council is usually given in the month of May to highlight Older Americans Month and the great programs offered through Oxnard Senior Services. The live presentation will include highlights of programs and services offered in 2022, a recovery period following two years of COVID-19 and its impact on the population we serve. This was a year of rebuilding and reconnecting as we reopened programs and strove to make senior participants feel safe. Some of the activities adopted during the pandemic, e.g., the Halloween Trunk or Treat, were so popular we continued them this year.

It continues to be the mission of Senior Services to evaluate, promote and encourage new and existing activities and services that enhance the quality of life for the seniors of Oxnard.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Marisue Eastlake, RDVP Director

ATTACHMENTS

1. Commission 2023 Annual Report PPT

9 2023 Annual
Senior Services
Commission
Report
5/2/23
1 10
A visit by federal oﬃcials
US Secretary of Health & Human Services
Xavier Becerra and Congresswoman Julia
Brownley visit Wilson Senior Center.
2 11
HHS Secretary visit
Secretary Becerra visits with RSVP’s tai chi instructors and, along with Congresswoman Brownley, gets a lesson with Bone Builder’s Master Trainer Jane Piliavin.
3 12
Oops, the Secretary was a
good sport about being
corrected by the Master
Trainer.

HHS Secretary visit
4 13
Senior Nutrition
5 14
Senior Nutrition and COVID
● COVID created new demands and changed
approaches
● Constant adjustment, but our kitchen
remained open throughout the pandemic
● World Central Kitchen stepped in to help
● Great Plates program filled in gaps
● Meals were designed for senior diets
● Our Home Delivered Meals program
expanded greatly
6 15
Senior Nutrition
● 19,575 Congregate Meals; 378
unduplicated participants
● 23,510 Home-Delivered Meals;
270 unduplicated participants
● Distributed food coupons at the
Farmers Market
● Weekday meals started at
Colonia Senior Center, 1/9/23
7 16
Senior Services
Programming
8 17
Senior Center Fun!
9 18
More Senior Center Fun!
10 19
Art in the Garden
Art in the Garden at Wilson
11 20
Excursions
12 21
Celebrations
13 22
Halloween Trunk or Treat
14 23
Christmas Party
15 24
End of Summer Celebration
16 25
100th Birthday Celebrations
Happy Birthday to You …
17 26
And Just Everyday Celebrations
Earth Day
Strawberry Shortcake Day 18
27 RSVP
RSVP Bone Builders
Tai Chi: Moving for Better Balance
19 28
RSVP
● 319 unduplicated
volunteers
● 37,647 hours of service
● $1,338,757 in time and
talent
RSVP volunteers serve at the
Oxnard Public Library gift shop.
20 29
RSVP Bone Builders
● 20 classes, 437 participants
● 91 volunteers
21 30
Tai Chi: Moving For Better Balance
● 9 classes, 288 participants
● 32 volunteers
22 31
World Tai Chi Day Celebration
East Park 23
32 RSVP Drive-Thru Volunteer Recognition
Breakfast drive-thru at
Oakmont at Riverpark
24 33
RSVP TCMBB Appreciation
Guided Paint and Sip (tea)
25 34
RSVP Open House
Introducing New RSVP Coordinator Matt O’Neill
26 35
Senior Participation
in Recreation Events
27 36
Celebrating 75 Years of Recreation
SOC Line Dancers
28 37
Dia de los Muertos
Participants at our senior centers
made altar decorations and held
a reception to celebrate.
29 38
Ask an Abuelita (Tamale Festival)
Filming promotional video At Festival
30 39
Goals Accomplished
● Reopened Colonia Senior Center
● Completed a feasibility study on ORCAS
● Ongoing ORCAS subcommittee reports
to the Commission
31 40
ORCAS
● Feasibility study completed
● Project is currently on hold
32 41
Goals for 2023
● Start a Walking Program
● Increased Health Education Programming
● Program Evaluation
● Technology Programming
33 42
For more information,
contact the Senior Services
oﬃce at 805-385-8019.
34 43

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the March 21, 2023 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 03 21 2023 CC Regular Meeting

44 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
March 21, 2023

A. ROLL CALL, POSTING OF AGENDA
At 4:32 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, (concurrently with the Oxnard Housing Authority ), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal , Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDon ald, and Mayor John C. Zaragoza were present.

Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Jason Zaragoza, Deputy City Attorney; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief ; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Jose Arreola, Fleet Services Manager ; Joe Pearson II, AICP, Planning and Environmental Services Manager; Kathleen Mallory, Planning & Sustainability Manager; Helen Miller, Chief Information Of ficer; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director; Brenda Lopez, Housing Programs Manager ; Denise Olson, Interim Chief Financial Officer; Mark Sewell, Assistant Chief Financial Officer ; Victor Zambrano, Budget Manager; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

Andy Bhatnagar, ERP Consultants; Lars Skugstad, Foster Interstate Media, Inc.; Alex Belenson, Manager of Business Development at Foster Interstate Media, Inc.; Katie Metz, Director of Real Estate at Outfront Media; Daryl Koutnik, Ph.D., Biological & Environmental Compliance Principal at Environmental Science Associates (ESA); and Michael Houlihan, AICP, Principal Associate at Environmental Science Associates (ESA) also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.

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

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 2900 Saviers Road (APN 219-0-018-035)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager
45 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 2

Negotiating Party: BV Oxnard, LLC
Under Negotiation: Price and terms of payment
Legislative Body: City Council

At 4:35 p.m., the City Council recessed to a closed session. At 5:12 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that the City's negotiators have negotiated a Purchase and Sales Agreement and the City is conducting its due diligence on the Property. The Agreement will be brought to a future open session for Council discussion and approval.

D. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Presentation by Kai Luoma, Executive Officer for the Ventura Local Agency Formation Commission (LAFCo).

RECOMMENDATION: That the City Council receive and file a presentation by Kai Luoma, Executive Officer for the Ventura Local Agency Formation Commission (LAFCo), providing an introduction to and overview of LAFCo.

Kai Luoma, AICP, Executive Officer for the Ventura Local Agency Formation Commission (LAFCo) presented to City Council and answered questions.

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

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 31, 2023 as "Cesar E. Chavez Day."

Javier Gomez, Artistic Director & Founder of Inlakech Cultural Arts Center, as a cultural arts educator accepted the proclamation and said a few words. Since, 1973 to the present, D irector Gomez has served as the artistic director; creating, promoting, instructing and supervising the educational, cultural arts programming.

2. SUBJECT: Presentation of a Commendation to the Oxnard Performing Arts & Convention Center on the occasion of their 55th Anniversary.

Gary Blum, Board President of the Oxnard Performing Arts and Convention Center and the Board of Directors accepted the Commendation and said a few words.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (No comments received.)

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
46 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 3

City Manager Nguyen provided community updates. He announced that SoCalGas will set aside $10 million in support for low income families, seniors, and small restaurant owners impacted by unprecedented regional gas market prices. F or more information on this program, please cal l:

English: 877-238-0092, Spanish: 800-342-4545. Community Action of Ventura County will continue its utility bill assistance program and will hold an a pplication assistance workshop on March 27, 2023. For information call 805-436-4000. Congratulations to the Oxnard Fire Department for being awarded the 2023 American Red Cross Good Neighbor Award. The Oxnard Fire Department is offering installation of free smoke detectors for high risk residents to ensure proper fire protection systems and working alarms while supplies last. T o schedule an appointment contact the Fire Department at 805-982-7282.

1. City Attorney Department
SUBJECT: Termination of Local Emergency Due to COVID-19.

RECOMMENDATION: That the City Council adopt Resolution #15,666 proclaiming the termination of a local emergency due to COVID-19.

Stephen M. Fischer, City Attorney presented the item. Jason Zaragoza, Deputy City Attorney answered questions. No public comments were received. Discussion ensued among the Council and staff.

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

2. City Attorney Department
SUBJECT: Termination of Local Emergency Due to Severe Storms.

RECOMMENDATION: That the City Council adopt Resolution #15,667 proclaiming the termination of a local emergency due to severe storms.

Stephen M. Fischer, City Attorney presented the item . Jason Zaragoza, Deputy City Attorney ; Alexander Hamilton, Fire Chief ; and Michael Wolfe, Public Works Director answered questions. No public comments were received. Discussion ensued among the Council and staff.

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

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

BUSINESS/COMMITTEE REPORTS

Councilmember Perello attended an event h osted by the Central Coast Lab or Council, a commemoration of the 1903 betabeleros in which Japanese -Mexican laborers joined together .

The Oxnard Strike of 1903, broke barriers of racial representation in the labor force and represented a historical moment in the American labor movement because it was the first time in American history that members of different racial heritages allied together to form a cohesive labor union. He also attended the Oxnard Youth Baseball, 2023 Opening Ceremonies, PONY 47 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 4

League. He participated in the “Read Across America” at Harrington Elementary School and Rose Avenue Elementary School.

Mayor Pro Tem MacD onald is the Board Vice Chair for the Southern California Regional Rail Authority (Amtrak Pacific Surf liner). Th is agency provides rail transportation in Southern California from San Diego to San Luis Obispo. He provided an update on the progress of the work being done at the Amtrak Pacific Surfliner train tracks and should be back on track by mid- April.

Councilmember Basua participated in the “ Read Across America” at Harrington School. She attended the Tierra Vista Neighborhood Council meeting and thanked the Police Department for their efforts in this neighborhood.

Councilmember Madrigal announced that he has a new baby nephew, Mateo. He reminded residents to stay safe in this rainy weather.

Councilmember Teran also participated at the Central Coast Labor Council event and the “Read Across America” at Kamala School. He presented at the Rio High Sc hool avid classes where he spoke about his role in the City Council and his family’s history. He attended the Carriage Square Neighborhood Council meeting. He will also attend the u pcoming District 2 Town Hall meeting at Rio Vista Middle School scheduled for March 22, 2023. The meeting will be focusing on the City Manager’s presentation on disparity around job opportunities, advancement for career, and education for residents of Oxnard. He encouraged residents to view the videos for the public meetings held concerning the water studies and rates. A request was made for future items on the meeting agenda s. He asked for information on the project labor agreements and community workforce agreement s and also a comprehensive update on the services being provided by the City to address the unhoused population.

Mayor Zaragoza participated in the “Read Across America” at Christa McAuliffe Elementary School. Tony League on opening day. He attended the Oxnard Youth Baseball, 2023 Opening Ceremonies, PONY League. He also attended the Sunset Little League Baseball of Oxnard event. A ceremony was h eld in honor of renaming the baseball field the “Helen Lopez Field .” Ms. Lopez volunteered to be the President of Sunset Little League for 38 years.

1. City Manager Department
SUBJECT: Appointment of Member to Serve on the City's Parks, Recreation, and Community Services Commission. (5 minutes)

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Oscar Hernandez to serve on the Parks, Recreation, and Community Services Commission representing District 5.

Shiri Klima, Deputy City Manager presented and was available to answer questions. No public comments were received.

It was moved by Councilmember Basua , seconded by Mayor Pro Tem MacDonald , to approve the 48 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 5

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

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.12 were discussed among the Council and staff. Consent agenda item L.3 was pulled from the agenda.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the February 7, 2023, February 11, 2023, and February 21, 2023 regular meetings as presented.

2. Police Department
SUBJECT: Agreement for Police School Resource Officer Services.

RECOMMENDATION: That the City Council approve and authorize the City Manager to enter into a cost-sharing agreement between the City of Oxnard (City), and the Oxnard School District (OSD or District), from July 1, 2023, to June 30, 2026, for Police School Resource Officer (SRO) Services.

(The Community Services, Public Safety, Housing, and Development Committee approved 3- 0 on February 14, 2023, to approve the staff recommendation and to forward the item for Council approval.)

3. Public Works Department

SUBJECT: Public Project Construction Agreement 32300238 with 101 Roofing & Construction, Inc. for the Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $807,021.69 in Project funds for the Performing Arts Community Center Roof Replacement Project (Project No. C2248):

1. Execute an Agreement with 101 Roofing & Construction, Inc. in the amount of $620,785.92 for the Project;

2. Authorize a Project contingency amount of $124,157.18 with 101 Roofing & Contracting, Inc. for a total not to exceed value of $744,943.10 for the Project; and

3. A Project allocation amount of $62,078.59 for engineering, inspection, survey and project management for the Project.

(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 49 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 6

City Council.)

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

4. Public Works Department
SUBJECT: Grant Resolution for FY 2022 Consolidated Appropriations Act Community Project Funding Grant Application for $500,000.

RECOMMENDATION: That the City Council adopt Resolution #15,668 authorizing the City Manager or designee to submit a grant application to the U.S. Environmental Protection Agency for $500,000 in Community Grants funds for the City of Oxnard Water Transmission Line Project and execute grant agreements, if awarded; authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of the grant funds; and authorizing the Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee.)

5. Public Works Department

SUBJECT: Professional Services Agreement 32300336 with Bureau Veritas Technical Assessments, LLC for Facilities Condition Assessment Report and Asset Management Program, Specification No. PW 22-127.

RECOMMENDATION: That the City Council approve and authorize a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC in the amount not to exceed $340,000 for a three-year term for Facilities Condition Assessment Report and Asset Management Program.

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

6. Housing Department
SUBJECT: Kitchen Rehabilitation Project at Public Housing Sites.

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

Approve and authorize the execution of a firm-fixed-price Agreement number A-8519 in the amount of $757,900 with MDJ Management, LLC to rehabilitate eighty-four kitchens at the "31-7 scattered public housing sites" using funds appropriated from the 2020 Capital Fund grant.

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

7. City Attorney Department
50 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 7

SUBJECT: Campaign Contribution and Loan Limit Adjustment.

RECOMMENDATION: That the City Council adopt Resolution #15,669 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ADJUSTING

CAMPAIGN CONTRIBUTION LIMITS AND LOAN LIMITS SET FORTH IN SECTIONS 2-443 AND 2-444 OF THE OXNARD CITY CODE.

8. Public Works Department

SUBJECT: Public Project Agreement 32300257 with Blackpointe Group Construction & Management Inc. for On-Call Fencing Repair Services Project (Rebid), Specification No. SD 23-53R.

RECOMMENDATION: That the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. for a total amount not to exceed $400,000 for a three-year term for On-Call Fencing Repair Services.

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

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

9. Public Works Department
SUBJECT: Agreement 32300154 with Auto Body International, Inc. for Light and Medium Duty Paint and Body.

RECOMMENDATION: That the City Council approve and authorize an Agreement with Auto Body International, Inc. for a one-year term with the option to extend for two consecutive one year periods for a maximum contract term of three years, and a total contract not-to-exceed amount over the entire possible contract term of $375,000 for light and medium duty paint and body work.

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

10. Fire Department
SUBJECT: Blanket Purchase Orders No. 32300265 Increase Request for All Star Fire Equipment.

RECOMMENDATION: That the City Council authorize the Mayor to execute an amendment to Blanket Purchase Order No. 32300265 with All Star Fire Equipment to increase the Purchase Order by $200,000 for a total amount not to exceed $400,000 for the purchase of structural firefighting Personal Protective Equipment (PPE) or turn outs and fire hose.

(The Community Development, Public Safety and Housing Committee approved 3-0 on 28 February, 2023 to forward the item for Council approval.)

11. Fire Department
SUBJECT: Purchase Order with Motorola for $277,438.89 for 25 Radios. 51 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 8

RECOMMENDATION: That the City Council authorize the Mayor to sign a Purchase Order with Motorola Solutions in the amount of $277,438.89 for the purchase of twenty-five (25) APX 8000 all-band portable radios with spare batteries and remote speaker microphones.

(The Community Development, Public Safety and Housing Committee approved 3-0 on February 28, 2023 to forward the item for Council approval.)

12. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects.

RECOMMENDATION: That the City Council receive and file this report.

(The Measure O Citizen Oversight Committee heard this update at its January 26, 2023, meeting and recommended the item be forwarded to the City Council.)

Consent Items L.1, L.4, L.5, L.7 – L.12:

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

Consent Item L.2:

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal , to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; motion passed 5-0-1. Councilmember Teran abstained.

Consent Item L.3: This item was pulled from the agenda.

Housing Authority Consent Item L.6:

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

M. PUBLIC HEARINGS

1. Housing Department
SUBJECT: TEFRA Hearing - Casa Aliento Apartments. (15 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding the issuance of tax-exempt bond financing not to exceed $22,000,000 by the California Statewide Communities Development Authority (CSCDA) for the benefit of Casa Aliento, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 70-unit multifamily rental housing project located at 1245 North Oxnard Boulevard, known as Casa Aliento Apartments (Bonds).
52 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 9

2. Adopt Resolution #15,670 approving the issuance of the Bonds by the CSCDA.

(This item did not originate in Committee.)

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

Emilio Ramirez, Housing Director presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

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

Discussion ensued among the Council and staff.

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

2. Housing Department
SUBJECT: TEFRA Hearing - Vintage at Lockwood Apartments. (15 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding the issuance of tax-
exempt bond financing not to exceed $75,000,000 by the California Statewide Communities Development Authority (CSCDA) for the benefit of Vintage at Lockwood, LP, to provide financing for the acquisition, construction, improvement, and equipping of a 341- unit multifamily rental housing project located at Outlet Center Drive & Lockwood Street known as Vintage at Lockwood Apartments (Bonds).

2. Adopt
Resolution #15,671 approving the issuance of the Bonds by the CSCDA.

(This item did not originate in Committee.)

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

Emilio Ramirez, Housing Director presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

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

Discussion ensued among the Council and staff.
53 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 10

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

3. Housing Department
SUBJECT: 5-Year Public Housing Agency(PHA) Plan, Annual Agency Plan and Capital Fund Program Five-Year Action Plan for Low Rent Public Housing. (10 minutes)

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

1. Conduct a public hearing to receive comments concerning the fourth year of the 5-Year PHA Plan, the 2023 Capital Fund Budget, and the Capital Fund Five-Year Action Plan; and

2. Adopt
Resolution #H.A. 1337:

a. Approving the 2023 Annual Agency Plan, 5-Year PHA Plan for the Housing Authority;

b. Authorizing and directing the Chairman to execute the Department of Housing and Urban Development Public Housing Agency Certification Compliance Form certifying the Housing Authority’s compliance with HUD’s policies and procedures;

c. Authorizing the Housing Director to execute and submit all reports, documents and all other certifications required to comply with policies and procedures of the Department
of Housing and Urban Development regarding the Annual Agency Plan and the 5-Year PHA Plan;

d. Approving the 2023 Capital Fund Budget and Capital Fund Five-Year Action Plan; and

e. Authorizing the Housing Director to accept and expend the funds as indicated in the 2023 Capital Fund Budget and Capital Fund Five-Year Action Plan.

(The Community Services, Public Safety, Housing & Development Committee approved 3- 0 on February 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)

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

Emilio Ramirez, Housing Director presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments
were received.
54 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 11

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

Discussion ensued among the Council and staff.

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

Housing Authority Commissioner Andrade and
Commissioner Vega were absent.

4. Housing Department
SUBJECT: Third Amendment to the 2021-2022 Annual Action Plan to Incorporate Supplemental HOME American Rescue Plan (ARP) funding. (20 minutes)

RECOMMENDATION: That City Council:

1. Conduct a public hearing and receive public comments relating to the HOME ARP Allocation Plan;

2. Approve the HOME ARP Allocation Plan, as a Third Amendment to the 2021-2022 Annual Action Plan;

3. Authorize the City Manager, and his designees, to submit the Third Amendment to the 2021-2022 Annual Action Plan to the U.S. Department of Housing and Urban Development, including the required applications, certifications and other pertinent documents to complete the submitted items for federal approval;

4. Authorize the City Manager, and his designees, to approve the appropriations for the HOME American Rescue Plan funding for staff operations, approved projects and related consulting contracts, not to exceed $2,772,021; and

5. Authorize the City Manager and his designees to execute the appropriate agreements with the HOME American Rescue Plan partners, consultants, and contractors, allow the use in the administration of funds, and allow the adjustments to any future funding needs not to exceed ten percent of the award if the programs require more or less funding to meet their objectives.

(This item is routine in nature and therefore, this item did not originate in the Committee.)

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

Emilio Ramirez, Housing Director presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

55 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 12

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

Discussion ensued among the Council and staff.

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

5. Community Development Department

SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance #3023:

The project location is the U.S. Highway 101 adjacent property within the City of Oxnard City limit. (20 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing, and

Take the actions identified under one of the two following options:

Option 1 – Staff’s Recommended Action – Allowing up to four Freeway Adjacent Digital Display Billboards at least 100 feet away from residentially zoned parcels and at least 2,000 feet away from other Freeway Adjacent Digital Display Billboards:
a. Approve Resolution #15,672 Adopting a Mitigated Negative Declaration (MND) 22- 01; and
b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text 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, subject to certain findings.

Option 2 – Planning Commission Recommendation – Allowing up to three Freeway Adjacent Digital Display Billboards at least 250 feet away from residentially zoned parcels and at least 2,500 feet away from Freeway Adjacent Digital Display Billboards:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-01; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text 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, subject to certain findings.

The City Clerk announced the affidavit o f publication and stated that written communications were received and forwarded to Council.

56 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 13

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

Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager presented and answered questions. Joe Pearson II, AICP, Planning and Environmental Services Manager was also available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Nancy Lindholm, Hugh McManigal, Mark Spellman, Pat Brown, Spencer No ren and Steve Nash.

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

Discussion ensued among the Council and staff.

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

6. Community Development Department

RECOMMENDATION: That the City Council:

1. Conduct a public hearing, and

Take the actions identified under one of the two following options:

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard:
a. Approve Resolution #15,673 Adopting a Mitigated Negative Declaration (MND) 22- 02; and
b. Introduce Ordinance #3024 (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and
c. Introduce Ordinance #3025 (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), subject to certain findings; and
d. Adopt Resolution #15,674 Approving Planning and Zoning Permit No. 20-500-07 (Special Use Permit) and overturn the Planning Commission’s Denial, subject to certain 57 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 14

conditions and findings.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), Planning and Zoning Permit No. 20- 670-06 (Development Agreement No. A-8515), and Planning and Zoning Permit No. 20-500-07 (Special Use Permit).

The City Clerk announced the affidavit o f publication and stated that written communications were received and forwarded to Council.

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

A presentation was made by Lars Skugstad from Outfront Foster Interstate Media, Inc., the applicant representative.

Ashley Golden, Assistant City Manager and Joe Pearson II, AICP, Planning and Environmental Services Manager presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Spencer Noren.

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

Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Mayor Zaragoza, to approve the recommended action (OPTION 1) as amended by Chief Assistant City Attorney, Kenneth Rozell. VOTE:

Basua,
MacDonald, Madrigal, Perello, and Zaragoza voted in favor; Teran voted against; motion passed 5-1.

7. Community Development Department

N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area. (30 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing, and

58 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 15

Take the actions identified under one of the two following options:

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard:
a. Approve Resolution #15,675 Adopting a Mitigated Negative Declaration (MND) 22- 02; and
b. Approve Resolution #15,676 Adopting a Mitigated Negative Declaration (MND) 22- 03; and
c. Introduce Ordinance #3026 (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and
d. Introduce Ordinance #3027 (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), subject to certain findings; and
e. Adopt Resolution #15,677 Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit) and overturning the Planning Commission’s Denial, subject to certain conditions and findings.
f. Adopt Resolution #15,678 declaring its intention to vacate its right, title and interest in 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 an direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday April 18, 2023 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), Planning and Zoning Permit No. 20-500-06 (Special Use Permit), and Planning and Zoning Permit No. 21-660-03 (Street Vacation).

The City Clerk announced the affidavit o f publication and stated that written communications were received and forwarded to Council.

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

59 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 16

A presentation was made by Lars Skugstad from Outfront Foster Interstate Media, Inc., the applicant representative.

Ashley Golden, Assistant City Manager and Joe Pearson II, AICP, Planning and Environmental Services Manager presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Spencer Noren.

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

Discussion ensued among the Council and staff.

It was moved by Councilmember Perello , seconded by Mayor Zaragoza, to approve the recommended action (OPTION 1) as amended by Chief Assistant City Attorney, Kenneth Rozell .

VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; Teran voted against; motion passed 5-1.

N. REPORTS

1. Community Development Department
SUBJECT: City of Oxnard 2022 General Plan Annual Progress Report. (10 minutes)

RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2022 General Plan and Housing Element Annual Progress Report.

(This item did not originate in Committee.)
Ashley Golden, Assistant City Manager presented the item. Joe Pearson II, AICP, Planning and Environmental and Kathleen Mallory, Planning & Sustainability Manager answered questions. Public comments were received from Ray Blattel. The report was received and filed, no formal action was required.

2. Finance Department
SUBJECT: FY 2022-23 Budget Mid-Year Review. (20 minutes)

RECOMMENDATION: That the City Council:

1. Receive an update on the FY 2022-23 revenue and expenditure projections for major funds,

2. Recommend the City Council approve a budget appropriation request in the amount of $430,000 to General Fund (101) for the Fire Department and $533,218 to Golf Course Fund (651) for a total appropriation of $963,218; and

3. Adopt
Resolution #15,679 approving amendments to the Position Control Resolution.

(This item did not originate in a committee.)

60 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 17

Denise Olson, Interim Chief Financial Officer and Steve Howlett, Assistant Public Works Director presented and answered questions. Public comments were received from Ray Blattel. Discussion ensued among the Council and staff.

3. Fire Department

SUBJECT: Authorization to Submit a Grant Application to Federal Emergency Management Agency (FEMA) Fire Prevention and Safety (FP&S) Grant not to exceed $350,000 for the Purchase and Installation of Smoke and Carbon Monoxide Detectors. (20 minutes)

RECOMMENDATION: That the City Council adopt Resolution #15,680 authorizing:

1. The submission of a grant application to the Federal Emergency Management Agency (FEMA) Fire Prevention and Safety (FP&S) not to exceed $350,000 for the purchase and installation of smoke and carbon monoxide detectors with a 5% local match;

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

3. The Chief Financial Officer or designee to submit financial reports and grant claims, approve budget appropriations during FY2023-2024 for the use of grant funds and perform all other required financial actions; and

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

Alexander Hamilton, Fire Chief presented and answered questions . No public comments were received. Discussion ensued among the Council and staff.

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

4. City Manager Department

SUBJECT: Risk to the ERP Project related to Aaron Starr Lawsuit preventing City from Obtaining Council-Approved Bonds; Fifth Amendment to Project Management Contract; and Annual Report. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve using up to $2,500,000 from Fiscal Year 2022-23 General Fund to cash fund the portion of all FY 2022-23 Enterprise Resource Planning (ERP) project expenditures in excess of the initial bond proceeds received in prior fiscal years (with additional FY 2023-24 General Fund as listed in budget to cash fund the FY 2023-24 ERP project expenditures if litigation remains pending that prevents City from issuing bonds); and
61 MARCH 21, 2023 OXNARD CITY COUNCIL PAGE 18

2. Approve and authorize the Mayor to execute a Fifth Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $2,120,000 for a new not to exceed contract amount of $4,720,000 and to extend the term from December 31, 2023, to December 31, 2024, for Project Management Services related to the Human Capital Management (HCM), Energov, Enterprise Asset Management (EAM), and Utility Billing phases of the City’s multi- year Enterprise Resource Planning (ERP) implementation; and

3. Receive and file the ERP system annual report.

Mark Sewell, Assistant Chief Financial Officer presented and answered questions. Public comments were received from Pat Brown. Discussion ensued among the Council and staff.

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

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:56 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

62 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: May 2, 2023

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Resolution Commending Marc Amon for over Twenty-Seven Years of Service to the City of Oxnard.

RECOMMENDATION

That the City Council adopt a resolution commending Marc Amon for over twenty-seven years of service to the City of Oxnard Police Department.

BACKGROUND

On March 20, 2023, Commander Marc Amon retired after over twenty-seven years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.

Commander Amon began his law enforcement career in 1996 when he graduated from the Ventura County Criminal Justice Training Center, where his passion for public service was ignited. Marc Amon has served the community of Oxnard honorably and with distinction in his advancement to Police Commander in 2020.

Throughout his career, Commander Amon held a wide variety of assignments within the Oxnard Police Department, including Patrol Officer, Field Training Officer, Special Enforcement Unit, Hostage Negotiation Team, Trauma Support Team, Central Business District Officer, Beat Coordinator, Personnel and Training Sergeant, Crime Reduction Unit Sergeant, Patrol Watch Commander and Patrol Support Commander.

Commander Amon has been a champion for growth and continuously found ways for the Oxnard Police Department to grow in size and efficiency. In his time with the Personnel and Training Unit, he led his team to hire 71 police officers and numerous professional staff members over a three-year period. In 2013, he began researching body-worn camera technology and by 2016 he helped the Department start the largest BWC program in Ventura County. In 2017, he was selected to lead the implementation of the Intelligence-Led Policing model through the formation of the Crime Reduction Unit (CRU). The CRU implemented new investigative technology that increased efficiency in creating actionable intelligence and hot spot policing. The CRU also developed the Prolific Offender Program in 2018. Shortly after, the Ventura County District Attorney’s Office formed the Intelligence-Driven Prosecution Unit specifically for the vertical prosecution of identified Prolific Offenders. Under Commander Amon’s leadership, the Crime Reduction Unit was given the Chief’s Award of Excellence in 2019 for these achievements.

We extend our best wishes to Commander Amon on his retirement.

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.
63 COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Nellie Estrada, Administrative Assistant

ATTACHMENTS

1. Marc Amon Resolution

64 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

COMMENDING MARC AMON FOR OVER TWENTY-SEVEN YEARS OF

OUTSTANDING SERVICE TO THE CITY OF OXNARD
WHEREAS, Marc Amon has given over twenty-seven years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department; and WHEREAS, Marc Amon began his law enforcement career with the City of Oxnard on January 2, 1996, after he graduated from the Ventura County Criminal Justice Training Center (Police Academy) where his passion for public service was ignited. Marc Amon has served the community of Oxnard honorably and with distinction in his advancement to Police Commander in 2020; and
WHEREAS, throughout his career, Commander Marc Amon held a wide variety of assignments within the Oxnard Police Department, including Patrol Officer, Field Training Officer, Special Enforcement Unit, Hostage Negotiation Team, Trauma Support Team, Central Business District Officer, Beat Coordinator, Personnel and Training Sergeant, Crime Reduction Unit Sergeant, Patrol Watch Commander and Patrol Support Commander; and WHEREAS, Commander Marc Amon has been a champion for growth and continuously found ways for the Oxnard Police Department to grow in size and efficiency. In his time with the Personnel and Training Unit, he led his team to hiring 71 police officers and numerous professional staff members over a three-year period. In 2013, he began researching body-worn camera technology and by 2016, he helped the Department start the largest BWC program in Ventura County. In 2017, he was selected to lead the implementation of the Intelligence-Led Policing model through the formation of the Crime Reduction Unit (CRU). The CRU implemented new investigative technology that increased efficiency in creating actionable intelligence and hot spot policing. The CRU also developed the Prolific Offender Program in 2018. Shortly after, the Ventura County District Attorney’s Office formed the Intelligence-Driven Prosecution Unit specifically for the vertical prosecution of identified Prolific Offenders. Under Commander Amon’s leadership, the Crime Reduction Unit was given the Chief’s Award of Excellence in 2019 for these achievements; and
WHEREAS, Commander Amon’s positive interactions have earned the respect of his fellow Officers, City employees and the community. He has developed countless friendships and partnerships within our County, State and City; and
NOW, THEREFORE, the City Council of the City of Oxnard resolves to commend, recognize, and extend its gratitude to Commander Marc Amon for over twenty-seven years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
65 PASSED AND ADOPTED THIS 2nd day of May 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
66 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: May 2, 2023

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Motorola Solutions Handheld Radio Purchase.

RECOMMENDATION

That the City Council approve and authorize the execution of a purchase order with Motorola Solutions in the amount of $374,941.10 for the purchase of 67 Motorola APX-8000 portable radios.

BACKGROUND

Uniformed personnel with the Oxnard Police Department ("Department") communicate with each other and our Emergency Communications Center when they are conducting field activity via portable (or "handheld") emergency radios. With over two-hundred and fifty (250) personnel assigned a handheld radio, they are an integral part of the Department's Emergency Communications system. A vast majority of the Department's current inventory of handheld radios are Motorola HT1250's. These radios were purchased in the late 1990's and have a prescribed life expectancy of 8-10 years. The ability to repair them or find replacement parts has become problematic, as they are obsolete.

The Department began a slow and methodical tiered replacement plan several years ago using limited Edward Byrne Memorial Justice Assistant Grant (JAG) funds each year. As such, the limited amount of funding from this grant program only allowed for the purchase of a handful of radios at a time. It is imperative for effective public safety communications that the Department accelerates the plan to replace all of the Department's handheld radios. The Motorola radios that are being purchased as part of the replacement plan are Model APX-8000's that are "dual-banded" for both analog and digital frequencies. This means when the City transitions to a digital radio system, these handheld radios will also be compatible with a new system without any additional cost.

Pursuant to the City of Oxnard Ordinance Number 2943, adopted June 19, 2018, the use of a “cooperative agreement”, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant is permitted. The city of Oxnard will be procuring radio equipment under the terms and conditions of the Houson-Galveston Area RA05-21 Contract, valid August 1, 2021, through July 31, 2023, with a second-quarter customer loyalty discount incentive of 50% off radios and 25% off accessories. Due to the timing of Motorola's discount offer, this item is being brought directly to the City Council in order to be able to encumber FY 22-23 funds on time.

Motorola Solutions is the only Motorola channel partner authorized to sell the City of Oxnard Tier One Radio products.

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. 67 FINANCIAL IMPACT

There are sufficient funds in the FY 22-23 Police operating budget under 1012111-56040 Capital Expenditures (Machinery & Equipment).

For Finance Use Only: General Fund (Org. 1012111, Obj. 56040)

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Gaye Lynn Ward, Police Communications Manager

ATTACHMENTS

1. 12300570 Motorola NSS Quote

68 Motorola Solutions, Inc
69 70
71 72
73 74
75 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: May 2, 2023

TO: City Council

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

SUBJECT: First Amendment to IT Transformation Plan Execution Strategy & Roadmap Agreement #32300240 with Avasant LLC.

RECOMMENDATION

That City Council approve and the Mayor execute a first amendment to Avasant LLC professional services agreement #32300240 for information technology consulting services for an additional $130,375 resulting in a revised not-to-exceed total cost of $279,375 for the completion of an IT transformation plan execution strategy and roadmap on or before June 30, 2023.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the April 28, 2022 Finance and Governance Committee.)

BACKGROUND

On January 31,2023, the City executed professional services agreement number 32300240 for a not-to-exceed amount of $149,000 with Avasant LLC, a technology management consulting services company, for an eight-week information technology (IT) strategy and sourcing study. The objective of the study is to develop a strategy and roadmap to guide execution of the City' s IT transformation and operating model plans.

The City is facing challenges in fulfilling evolving IT needs based solely on an internal staffing approach. The envisioned execution strategy will help the City identify the optimal sourcing approach to execute each element of the transformation plan and operating model including the use of software as a service (SaaS) and cloud-based solutions, third-party managed services, contractors to support short-term initiatives and City employees to support high-value plan elements. The execution roadmap will identify the dependencies for migrating to the identified solutions, and provide the specific short, intermediate, and long-term actions required to achieve the City’s business-technology and digital transformation objectives.

Avasant’s provided engagement approach consists of the following key advisory elements:
• Document and confirm key business and IT drivers and the IT transformation and operating model objectives and vision
• Document and confirm current state IT environment gaps and risks that should be addressed in the execution strategy and roadmap
• Provide future state options to optimize the City's sourcing framework for each transformation and operating model element, and build a consensus for future direction • Define an IT Transformation Plan Execution Strategy and Roadmap

The eight-week engagement kicked off on February 1, 2023, and was scheduled to be completed by March 22, 2023; however, the City and Avasant determined that an additional five weeks are required to complete the study. The 76 extension of time is attributed to the need for additional time for staff investigation and collection of information vital to Avasant’s scope primarily due to the City’s long practiced decentralized versus centralized IT model coupled with an IT staffing shortage as reflected by IT’s 62% vacancy rate.

The additional five-week extension cost is $93,125. IT is recommending an additional two-week contingency for a total seven-week cost of $130,375 resulting in a revised not-to-exceed agreement total of $279,375 for a completion date of on or before June 30, 2023. The additional funding covers completion of data collection, current state assessment, target systems environment and operating model, technology market scan, financial model, and strategy with roadmap.

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

The additional cost for this one-time study is included in IT's current fiscal year, FY22-23, operational budget. No further allocations are required in future fiscal years.

COMMITTEE OUTCOME

As of the date of this City Council agenda being posted, there is not yet an outcome from the April 28, 2022 Finance and Governance Committee. Staff is available to answer any questions.

Prepared by: Helen Miller, Chief Information Officer

ATTACHMENTS

1. Avasant First Amendment 32300240

2. Avasant Agreement 32300240

3. Presentation -City Council 5-2-2023 L4 Avasant

77 A
Agreement No. 32300240

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
This First Amendment (“Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 10th day of April 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Avasant Inc. (“Avasant” or “Vendor”). This First Amendment amends the Agreement entered into on January 15, 2023, by City and Vendor.

City and Vendor agree as follows:

1. The service period outlined in the Project Timeline & Professional Fees section of the Agreement is extended by an additional five week period to complete the assessment plus an additional maximum two week contingency period.

2. The professional fees will be calculated at the same discounted weekly fee of $18,625 per Project Week, which is defined as a seven-day block of time. For example, if the work begins on a Wednesday, each Wednesday to Tuesday period will be one Project Week.

All work performed during any Project Week or a fraction thereof will incur a charge of an entire Project Week, except for the final Project Week, as noted in this paragraph. As it relates to this Amendment, for the final Project Week, Vendor shall invoice the City on a daily pro-rated basis for actual time spent, based on the previously established weekly rate as set forth above.

3. Except as stated in Paragraph 2 above, Vendor will bill City the weekly fee for each incremental Project Week where Avasant performs work for this project. Unused weeks will not be billed.

4. The previous not to exceed amount of this agreement is increased by an additional $130,375 to a total of $279,375.

5. The parties agree that this Agreement may be transmitted and signed by electronic signature by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.

6. As so amended, the Agreement remains in full force and effect. 78 A
Agreement No. 32300240
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above.

CITY OF OXNARD AVASANT, INC

☐ John C. Zaragoza, Mayor Date Henry Guapo, Partner Date ☐ Alexander Nguyen, City Manager
☐ Jennifer Yates, Purchasing Manager

Ravi Mahalingam, Partner Date
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney
79 A
Agreement No. 32300240
Project Change Request
Date of Request: 3/15/23
Client: City of Oxnard
Agreement No.: 32300240
Services: CONSULTING ENGAGEMENT FOR IT STRATEGY AND SOURCING, dated 1/31/2023
Requestor: David Gallup, Director & Project Manager, Avasant (Consultant) Change Request Description: Based on the terms of the Agreement as shown below, Avasant is requesting a fees extension for an additional 7 weeks of time required to complete the scope of work as defined in the initial Scope of Services Exhibit to the above-referenced Agreement. The additionally sought fees are based on 7 weeks of time, at the weekly discounted rate of $18,625 per week.

This Change Request seeks an additional $130,675 to the Total Agreement Amount of the Agreement, which represents Consultant’s best estimate as to the amount of time required to complete the Tasks enumerated in the Agreement, given the current status of the project.

With the exception of the final Project Week, for all weeks after the initial 8 weeks that were estimated for this project, Consultant will charge the City of Oxnard on a weekly basis at the above-referenced rate, until the project is completed, but in no case to exceed the amount of the initial Agreement fees plus the extension fees sought through this Project Change Request.

Consultant will only charge and invoice the City of Oxnard for the number of weeks required to complete the project; i.e. although seven weeks of additional time is being added with this amendment, Avasant will not charge the City for unused weeks 6 and 7 if the project concludes at any time within week 5.
80 A
Agreement No. 32300240
81 Agreement No. 32300240

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: 01/15/2023
(2) Consultant: Avasant, Inc
(3) Services: CONSULTING ENGAGEMENT FOR IT STRATEGY AND SOURCING (4) Schedule of Services: ESTIMATED 8 WEEK ENGAGEMENT TIMELINE (5) Agreement Ending Date: 6/30/2023
(6) Total Agreement Amount: $149,000
(7) City’s Project Manager: Helen Miller, Chief Information Officer (8) Consultant’s Project Manager: Henry Guapo, Managing Partner (9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CITY:

City of Oxnard
300 W. 3rd Street, Suite 200
Oxnard, CA 93030
Attn: Helen Miller
CITY’S PROJECT MANAGER:

FOR CONSULTANT:

Avasant LLC
1960 E Grand Ave, Suite 1050
El Segundo, CA 90245
Attn: Henry Guapo
(11) Contact Emails:

CONSULTANT’S PROJECT
MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Insurance Exhibit (INS-A)
☐ Travel Reimbursement Exhibit

DocuSign Envelope ID: A6158DA6-CDFA-47B1-99BC-6D8B5F393605 DocuSign Envelope ID: E01B764B-5626-4969-AF62-54F19367A0DA 82 Agreement No. 32300240

AGREEMENT FOR PROFESSIONAL SERVICES

T H I S AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].. Except as set forth in a Statement of work, payment of undisputed invoices shall be due within fourty-five (45) days from the invoice date.

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the

DocuSign Envelope ID: A6158DA6-CDFA-47B1-99BC-6D8B5F393605 DocuSign Envelope ID: E01B764B-5626-4969-AF62-54F19367A0DA 83 Agreement No. 32300240

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AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.

12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant 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 Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant 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.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.

Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and

DocuSign Envelope ID: A6158DA6-CDFA-47B1-99BC-6D8B5F393605 DocuSign Envelope ID: E01B764B-5626-4969-AF62-54F19367A0DA 84 Agreement No. 32300240

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AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

a. Each party’s total cumulative liability for all claims arising under this Agreement shall be limited to direct damages, and shall not exceed, in the aggregate for all claims, the fees paid or payable to Consultant hereunder. Neither party shall be liable to the other party or any third party for any indirect, special, punitive, incidental or consequential damages arising hereunder (including loss of profits, personal injury or property damage claims), even if such party has been advised of the possibility of such damages. For clarity, the damages limitations set forth in this Section shall not apply to undisputed fees payable hereunder. b. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.

Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.

a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and

DocuSign Envelope ID: A6158DA6-CDFA-47B1-99BC-6D8B5F393605 DocuSign Envelope ID: E01B764B-5626-4969-AF62-54F19367A0DA 85 Agreement No. 32300240

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AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16.

b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.

c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.

d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.

Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.

a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense.

b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.

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c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.

d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.

e. 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 Consultant in reliance on any Confidential Information disclosed under this Agreement.

f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant 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 Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant 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. Consultant and its employees are not employees of City. Consultant 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. Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’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 Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant 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

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veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18704 of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.

26. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

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29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.

30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.

31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.

33. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

34. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.

36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement.

A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

38. Electronic Signatures. The parties agree that this Agreement may be transmitted and signed by electronic signature by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.

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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD AVASANT, LLC

Alexander Nguyen,1 Date Henry Guapo, Partner 2 Date City Manager

Ravi Mahalingam, Partner Date

ATTEST:

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

APPROVED AS TO FORM:

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

1/20/2023
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Jennifer Yates
Purchasing Manager
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SCOPE OF SERVICES EXHIBIT

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RATES AND COSTS EXHIBIT

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INSURANCE EXHIBIT

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TRAVEL EXPENSE REIMBURSEMENT EXHIBIT

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First Amendment to IT Transformation
Plan Execution Strategy & Roadmap
Agreement #32300240 with Avasant LLC
City Council
May 2, 2023
Helen Miller, Chief Information Officer
126
That the City Council approve and the Mayor execute a
first amendment to Avasant LLC agreement
#32300240 for information technology consulting
services for an additional $130,375, resulting in a
revised not-to-exceed total cost of $279,375, for the
completion of an IT transformation plan execution
strategy and roadmap on or before June 30, 2023.

RECOMMENDATION 2
127
• Executed agreement with Avasant, a technology management advisory services company, Jan 2023
o Develop IT strategy & sourcing study
o Guide execution of City’s IT transformation & operating model plans • Key Advisory Elements
o City Depts’ & IT’s drivers
o IT transformation & operating model objectives and vision o Current state IT environment gaps & risks to address
o Future state options optimizing City sourcing framework for each element o IT transformation plan execution strategy & roadmap
BACKGROUND 3
128
• City challenges - fulfilling evolving IT needs based solely on internal staff approach • Identify optimal sourcing approach for each element of plan; e.g. o Software as a service (SaaS)
o Cloud-based solutions
o Third party managed services
o Contractors to support short term initiatives
o City employees to support high value plan elements
• Identify dependencies for moving to identified solutions o short, intermediate, long term actions => achieve City digital / tech goals BACKGROUND 4
129
• Eight week engagement (2/1/23 to 3/23/23)
• Requires estimated additional five weeks to complete
• Plus staff recommends two weeks contingency
• Why?
o More time for staff investigation & data collection
o Drivers: City decentralization of IT and IT high vacancy rate at 62% • Revised completion date is on or before June 30, 2023 • Allows for completion of:

BACKGROUND 5
- Data collection
- Current state assessment
- Target systems environments &
operating model
- Technology market scan
- Financial model
- Strategy with roadmap
130
Projected expenditures for Avasant advisory services
6 Category
Cost
Professional services agreement (2/1-3/23/23) $149,000
Amendment, add 5 weeks $93,125
Contingency, add 2 weeks $37,250
TOTAL – not to exceed through 6/30/23 $279,375

FINANCIAL IMPACTS
Funds for these expenditures is budgeted in the IT Department’s current fiscal year, FY 22-23. No further allocations are required in future fiscal years. 131
That the City Council approve and the Mayor execute a
first amendment to Avasant LLC agreement
#32300240 for information technology consulting
services for an additional $130,375, resulting in a
revised not-to-exceed total cost of $279,375, for the
completion of an IT transformation plan execution
strategy and roadmap on or before June 30, 2023.

RECOMMENDATION 7
132

QUESTIONS
8 133

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: May 2, 2023

TO: City Council

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

RECOMMENDATION

That the Oxnard City Council:

1. Accept Final Map 21-300-04 for the 1600 Ives Avenue Subdivision;

3. Authorize the City Clerk to sign the “Abandonment Certificate” for the vacation of certain infrastructure easements.

BACKGROUND

On July 28, 2022, the City Council approved Tentative Parcel Map 21-300-04. Tentative Parcel Map 21-300-04 included the subdivision of a developed parcel into two lots and associated infrastructure improvements.

DISCUSSION

The Final Map (Attachment 1) involves subdividing a 1.78 acre developed, commercially zoned property into two parcels (Parcel 1 is 0.99 acres and Parcel 2 is 0.79 acres) and construction related public improvements. Required infrastructure associated with the development of the project, such as sidewalk, street curb, and improvements for compliance with storm water quality requirements, will be completed during the development of the commercial lots with a coffee house with drive-thru and a fast food restaurant with drive thru.

In accordance with Chapter 15, Division 3, Section 15-55 of the “Subdivision Ordinance” of the Oxnard City Code, the Interim Director intends to approve the map within ten business days following this City Council meeting. Within the ten business days following the City Council’s receipt of “Notice of Pending Approval” the City Clerk will attest in signature to the Interim Director’s approval at that time (see Attachment 2).

The abandonment of an existing waterline easement requires the City Council to direct the City Clerk to sign the “Abandonment Certificate” on the title page of the map.

The City Engineer/Surveyor has reviewed the Final Map and issued their approval by providing the Verification of Status form indicating that the Final Map, as currently prepared, will be in compliance with the State Subdivision Map Act and Oxnard City Code requirements, and will conform to the previously approved Tentative Parcel Map (PZ 21-300-04) (Attachment 3).
134

ENVIRONMENTAL IMPACT

The City Council previously found the Tentative Parcel Map Categorically Exempt from the State of California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15332 (Class 32, Infill Exemption). The acceptance of a Final Map consistent with a Tentative Map, and accepting public access and utility easements and implementing conditions of approval is Statutorily Exempt from the CEQA Guidelines in accordance with Section 15268 (Ministerial Projects).

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 map provides the opportunity for future development that will result in increased property tax revenue to the City.

COMMITTEE OUTCOME

This Map originated from a City Council public hearing on July 28, 2022, approving Tentative Parcel Map No. 21-300-

04. (PZ 21-300-04) and the recommended actions are consistent with that action; therefore, this item did not originate in Committee.

Prepared by: Jay Dobrowalski, Planning Supervisor

ATTACHMENTS

1. Final Parcel Map 21-300-04

2. Notice of Pending Approval - Final Map No. 21-300-04

3. Verification of Status Form

135
136
137
138

MEMORANDUM
May2,2023
TO: CityCouncil
FROM: MaureenTamuri,InterimCommunityDevelopmentDirector SUBJECT: NoticeofPendingApproval- FinalMapNo.21-300-04forthe1600IvesAvenuesubdivision.FiledbyHassanAmirsadeghi,HabitatProperties,10717WilshireBoulevard,Unit607,LosAngeles,California90024 In accordancewithOrdinance2910,theCityCouncilwillreceivenotificationat itsregularscheduledmeetingof April18,2023thattheCommunityDevelopmentDirectorintendstoapprovePZ21-300-04,FinalMapNo.21-300-04forthe1600IvesAvenuesubdivision,a 1.78acredeveloped,commerciallyzonedpropertythatwillbedividedintotwoparcels(Parcel1 is0.99acresandParcel2 is 0.79acres)andconstructionrelatedpublicimprovementswithintenbusinessdaysfollowingtheApril18,2023CityCouncilmeeting.

OnJuly28,2022,theCityCouncilapprovedTentativeParcelMapNo.21-300-04forthe1600IvesAvenueSubdivision.TentativeParcelMapNo.21-300-04includedthesubdivisionofadevelopedparcelintotwolotsandassociatedinfrastructureimprovements.

ThesubjectfinalmapwasreviewedforconformancewiththeCity’sconditionsofapprovalandthestateSubdivisionMapAct(SMA).TheCity’s engineerhascertifiedthatthesubjectmapcomplieswiththePlanningCommissionandCityCouncilResolutionswhichapprovedtheTentativeParcelMapforthissubdivisionandcomplieswiththeprovisionsoftheSMA.

TheCommunityDevelopmentDirector’sactionmaybeappealedtotheCityCouncilpursuanttotheappealproceduressetforthinSection15-25oftheOxnardCityCode.Questionsconcerningthis pendingactioncan be directedto Jay Dobrowalsk,PlanningSupervisor, by [email protected]. 139
140

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Proposed User Fees for Group Picnic Site Reservations within CFD Number 7.

RECOMMENDATION

That the City Council adopt a resolution establishing new user fees for two new picnic areas built within the Community Facilities District Number 7, Wagon Wheel.

(Finance and Governance Committee approved 2-0.)

BACKGROUND

On July 24, 2018, the City of Oxnard (the “City”) passed Resolution No. 15164, adopting park reservation fees. The fees include a refundable security deposit and a fee to cover City costs incurred for the public’s reservation and personal use of certain park facilities.

DISCUSSION

Conditions of Approval for the Wagon Wheel Development, located at the northern end of Oxnard Blvd. immediately adjacent to the 101 freeway, required the construction of certain park facilities that include picnic tables, trash cans, and shade structures. These facilities were completed in 2021 and can be used by the general public. Please see the attached map/aerial for the two locations, Area 1 and Area 2. Staff has received several requests to rent these spaces and Wagon Wheel residents have expressed concerns regarding the unregulated usage of the sites. By making these sites reservable, Staff will be able to accurately track usage, recover a portion of the costs for maintaining and administering these areas, and provide reservation information to Code Enforcement which will ensure groups are properly following City park rules.

As a means to define the initial cost to rent these two new areas, staff is using the rental costs for existing similar facilities in the City. For comparison, the “BBQ AREA RENTAL'' Group rate for Riverpark, as outlined in the City’s Fee Comparison Report presented to the City Council in 2018 was selected.

The larger of the two areas (Area 1) has one less table than other City park facilities designated within the “BBQ AREA RENTAL'' Group rate for Riverpark and does not contain a BBQ grill but otherwise provides similar features to the public as the reservable sites in Riverpark. Due to the slightly reduced capacity and lack of a BBQ feature, Area 1 is recommended to be assessed a slightly reduced fee in comparison to the Riverpark Group reservation rate. The reduced capacity and lack of similar amenities at this facility support a reduced fee, because the site will require less maintenance and administrative oversight to process reservations for this specific park facility.

The smaller of the two areas (Area 2) has one more table than other City park facilities designated within the “BBQ AREA RENTAL'' Single rate for Riverpark and does not contain a BBQ grill. While the site lacks a BBQ grill, it does allow for greater capacity and, as such, is recommended to be assessed the same fee as the Riverpark Single reservation rate. The following table illustrates the recommended reservation rates. The similarity between these two park facilities 141
support the same assessed fee for both locations, because the maintenance needs and administrative oversight to process reservations for this specific park facility are the same.

Site Recommended
Rate
Corresponding
Riverpark Site
Rate
Reason for difference
Wagon Wheel
Picnic Area 1
$30/day + $50
Refundable
Deposit
“Group” Rate
$50/day + $50
Refundable
Deposit
Lack of BBQ feature and 10 person lower capacity
requiring reduced maintenance and administrative
oversight
Wagon Wheel
Picnic Area 2 $15/day “Single” Rate
$15/day N/A

These recommended fees, if approved, will be added to the Master Fee Schedule as part of the City’s annual update performed during the Budget approval process in June 2023. Additionally, staff will be working on updating all Park fees, for future recommendations to the City Council. The current Park fees are outdated and need to be analyzed for consistency across the many parks throughout the City. As new amenities are added and old items are removed at existing parks, fees need to be reviewed. The fee analysis process takes time and may be added to a City-wide fee review process.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There will be no impact to the General Fund. Revenues are expected to be below $2,800 annually. It is anticipated that funds collected by the reservation fees will cover the expenses related to the impact created by the use of the park facilities.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 2-0 on April 11, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Proposed Resolution - User Rates for Wagon Wheel

2. Aerial Photo of Reservable Sites

3. Resolution 15164

4. 2018-07-24 Fee for Service Update and Adoption of New Fees Relevant Page

5. Special Districts Map

6. City of Oxnard Special Districts Legend

142

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF OXNARD ESTABLISHING USER FEES FOR THE

RENTAL OF WAGON WHEEL RESERVATION AREAS
NUMBERS 1 AND 2
WHEREAS, the City of Oxnard has accepted the construction of two picnic shelters located within the Wagon Wheel development;
WHEREAS, Wagon Wheel Picnic Area 1 is located at 2680 Wagon Wheel Rd and features three tables for public use;
WHEREAS, Wagon Wheel Picnic Area 2 is located opposite Area 1 at 2680 Wagon Wheel Rd and features two tables for public use;
WHEREAS, Oxnard City Council Resolution No. 15,597 established a Master Fee Schedule for the City of Oxnard which includes User Fees for park facility rentals; WHEREAS, Oxnard City Council Resolution No. 15,164 establishes fees for the rental of sites within the Riverpark neighborhood;
WHEREAS, the fees established by Oxnard City Council Resolution No. 15,164 were reviewed and set with the guidance and assistance of Revenue & Cost Specialists, LLC; WHEREAS, Wagon Wheel Picnic Area 1 provides generally the same features and services to the public as do the “BBQ Area Rental” Group sites within Riverpark, albeit with slightly reduced capacity;
WHEREAS, Wagon Wheel Picnic Area 2 provides generally the same features and services to the public as do the “BBQ Area Rental” Single sites within Riverpark; WHEREAS, due to the similar size and features, maintenance and administrative costs, the park reservation fees are similar to those that are incurred by the City for the Riverpark Single and Group BBQ Area Rentals available to the public; 143
Resolution No.

User Fees for the Rental of Wagon Wheel Reservation Areas Numbers 1 and 2 WHEREAS, the proposed site rental fees, for Wagon Wheel Picnic Areas 1 and 2, reflects costs incurred by the City for maintenance and administrative oversight of these two park rental facilities.

NOW, THEREFORE, the City Council of the City of Oxnard resolves as follows:

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: Two new park reservation fees are approved for inclusion in the master fee schedule as follows:

Site Rate
Wagon Wheel Picnic Area 1 $30/day + $50 Refundable Deposit Wagon Wheel Picnic Area 2 $15/day
PASSED AND ADOPTED THIS 2nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 144
145
146
147

CITY OF OXNARD
FY 2016-2017

FEE COMPARISON REPORT
S-237 COLLEGE PARK EVENT RENTALREF #: TITLE:

CURRENT FEE RECOMMENDED FEE
$1,000 fee + $350 Security/Cleaning Deposit$400 fee + $350 Security/Cleaning Deposit S-238 BBQ AREA RENTALREF #: TITLE:

CURRENT FEE RECOMMENDED FEE
Oxnard Beach:

Weekdays - $100 + $300 deposit Weekends - $450 + $300
deposit
Parking - $1 per hour or $5 per day
Del Sol Park:

Weekdays - $50 + $300 deposit Weekends - $150 + $300
deposit
Riverpark:

Single - $15 Group - $50 + $50 Deposit
Oxnard Beach:

Weekdays - $100 + $200 deposit Weekends - $300 + $200
deposit
Parking - $1 per hour or $5 per day
Del Sol Park:

Weekdays - $150 + $200 deposit Weekends - $200 + $200
deposit
Riverpark:

Single - $15 Group - $50 + $50 Deposit
S-239 WEDDINGS ON THE BEACH PROCESSINGREF #: TITLE:

CURRENT FEE RECOMMENDED FEE
$95 per event$60 per event
S-240 JOLLY JUMP PERMITREF #: TITLE:

CURRENT FEE RECOMMENDED FEE
$35 per permit$25 per permit
S-241 FILMING MONITORING IN CITY PARKSREF #: TITLE:

CURRENT FEE RECOMMENDED FEE
$50 plus actual cost of staff for on-site monItoring plus $500 deposit.

This is in addition to any Economic Development fees.

None
July 9, 2018
47 M.1.a
Packet Pg. 182
148
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
149
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
150

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.7

DATE: May 2, 2023

TO: City Council

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

RECOMMENDATION

That the City Council:

2. Adopt Ordinance No. 3027 approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No.

A-8516), subject to certain findings.

BACKGROUND

At its meeting on April 13, 2023, the City Council made several changes to Exhibit A to Ordinance No. 3027 (the Development and Lease Agreement) that were acceptable to the applicant Outfront Foster Interstate, LLC. The specific changes to the Development and Lease Agreement are as indicated in Attachment 1. Generally, the changes added language to Section 7.2(b) of the Development and Lease Agreement specifically indicating that the City advertising spots on the proposed billboard cannot be used for political purposes. (Such use is already prohibited under well- established California case law.) In addition, Section 8 was amended to remove specific language, including language regarding commercial advertising and political advertising as it relates to the types of advertising that OFI could display on the billboard.

Because of the changes to Exhibit A to Ordinance No. 3027, the City Council did not adopt either Ordinance No. 3026 or Ordinance No. 3027 at its April 13, 2023 meeting. Instead, both ordinances are being considered for adoption at the May 2, 2023 City Council meeting. If adopted by the City Council on May 2, 2023, the ordinance will take effect thirty days later.

STRATEGIC PRIORITIES

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 item 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, Kenneth Rozell, Chief Assistant City Attorney

ATTACHMENTS

1. Proposed Changes to Development Agreement

2. Draft Ordinance Approving PZ Permit No. 20-630-02 (Specific Plan Amendment)

3. Draft Ordinance Approving PZ Permit No. 20-670-05 (Development Agreement)

4. Ventura Road Staff Report (Council) 4.13.23

5. Ventura Road Staff Report (Council) 3.21.23

152

PROPOSED CHANGES TO DEVELOPMENT

AGREEMENT AND LEASE OF PROPERTY
These are the proposed changes Exhibit A to Ordinance No. 3027 (the Development Agreement and Lease of Real Property):

1. Add the following language at the end of Section 7.2(b) of the Development Agreement and Lease of Real Property:
“Notwithstanding any language in this Section 7.2(b) to the contrary, City Usage shall not include any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action.”

2. Amend Section 8 of the Development Agreement and Lease of Real Property to read as follows:
“8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; 153
contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity. OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.” 154
ORDINANCENO.3026
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFOXNARDAPPROVINGPLANNINGANDZONINGPERMITNO.20-630-02(SPECIFICPLANAMENDMENTNO.8 TO THERIVERPARKSPECIFICPLAN)TOAMENDTHETEXTWITHINTHERIVERPARKSPECIFICPLAN. FILEDBYLARSSKUGSTAD,1111 BROADWAY, SUITE1515,OAKLAND,CA94607(THE“APPLICANT”)ON BEHALFOF THECITYOF OXNARD(THE“PROPERTYOWNER”).

WHEREAS,onSeptember10,2002theCityCouncilapprovedtheentitlementsfortheRiverParkSpecificPlantoguidefuturedevelopmentonthe702-acreprojectsite;and WHEREAS,theCityCouncilapprovedthefirstamendmentrequest(PZ02-630-05)onOctober22,2002,whichamendedtheSpecificPlantoincluderegulationsfortemporaryuses;and WHEREAS,the CityCouncilapprovedthe secondamendmentrequest(PZ03-630-03)onJuly27,2004,allowingaminorchangeinthelandusedesignationonasmallparcelfromOpenSpacetoCommercial;and WHEREAS,theCityCouncilapprovedthethirdamendmentrequest(PZ09-630-09)onApril14,2009,allowinga freeway-orientedpylonsignsubjecttoapprovalofa DesignDevelopmentReviewpermit(DDR)bytheDevelopmentServicesDirector;and WHEREAS,theCityCouncilapprovedthefourthamendment(PZ10-630-02)onJune14,2011,andallowsthreefreewayorientedmonumentsignssubjecttoapprovalofaDDR,andan electronicdigitaldisplaypanelforthepylonsign,subjectto subsequentapprovalofaSpecialUsePermit;and WHEREAS,theCityCouncilapprovedthefifthamendment(PZ09-630-03)onJune5,2012,whichincreasedthemaximumnumberofdwellingunitsfrom2,805to3,043units,andreducedthemaximumamountofcommercialdevelopmentfrom2,485,000to2,098,000squarefeet;and WHEREAS,theCityCouncilapprovedthesixthamendment(PZ18-630-01)onFebruary19,2019,to amendthetextof theRiverParkSpecificPlanto allowtwo(2)monumentsignsin PlanningDistrictsB andC in the specificplanarea,subjecttosubsequentapprovalofaDevelopmentDesignReviewPermit;and WHEREAS,theCityCouncilapprovedtheseventhamendment(PZ20-630-01)onMarch15,2022,whichallowedfortheoptiontodevelopupto1,025additionalresidentialunitsundertheRiverParkSpecificPlan,inexchangeforareductionofuptoapproximately562,457squarefeetofnon-residentialdevelopmentpotentialinaccordancewithspecifieddevelopmentscenarios;and WHEREAS,thePlanningCommissionof theCityof Oxnardhasconsideredtheproposedmapandtextamendmentto Pages3.7,3.22,5.9,and5.23of theRiverParkSpecificPlantoallowforFreewayAdjacentDigitalDisplayBillboardswithintheRiverParkSpecificPlan(hereinreferredtoasthe“Project”);and 155
RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)OrdinanceNo. 3026Page2of 7 WHEREAS,onJanuary19,2023,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”)conducteda dulynoticedpublichearingwherewrittenandoralcommentswerereceivedand reviewedto consideran applicationfor SpecificPlanAmendmentNo.8 (PZ20-630-02)inaccordancewithChapter16-575oftheOxnardCityCode;and WHEREAS,on January19,2023,thePlanningCommissionreviewedallof theinformationprovidedin thestaff reportandconsideredthetestimonygivenat thepublichearing,includingallwrittencommunicationstothePlanningCommission,aswellasotherpertinentinformationanddeliberatedthemeritsoftheProject.ThePlanningCommissionvotedtodenytheProjectandnotallowFreewayAdjacentDigitalDisplayBillboardswithintheRiverParkSpecificPlan,subjecttothepreparationofa writtenresolutionsofdenialtobeconsideredatthePlanningCommissionmeetingonFebruary2,2023;and WHEREAS,thePlanningCommissionfound,afterduestudy, deliberationanda dulynoticedpublichearingonFebruary2,2023,andreceivedandreviewedwrittenandoralcomments,presentedbystaff andtheApplicantwithaseriesofquestions,andthattheproject,as amended,meetsthecriteriasetoutinChapter16-575oftheOxnardCityCode;and WHEREAS,the PlanningCommissionadoptedResolution2022-07recommendingthatthe CityCouncildenyPlanning& ZoningPermitNo.20-630-02(SpecificPlanAmendment);and WHEREAS,onMarch21,2023,theCityCouncilof theCityof Oxnardconducteda dulynoticedpublichearingtoconsidertherequesttoapprovePlanningandZoningPermitNo.20-630-02(SpecificPlanAmendment),bothasoriginallyproposedbytheApplicantandasrecommendedbythePlanningCommission,inaccordancewiththeOCC;and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityofOxnardastheLeadAgency, preparedaMitigatedNegativeDeclaration(MND)in accordancewithCEQAandtheCEQAGuidelines.TheMNDidentifiedanddiscussedpotentialimpacts,mitigationmeasures,monitoringrequirements,andresidualimpactsforidentifiedsubjectareas.TheMNDfoundthattheimplementationofthe proposedProjectwouldresultin potentiallysignificantimpactsassociatedwithbiologicalresources,culturalresources,andnoiseonwildlifespecies.Mitigationmeasureshavebeenrequiredtoreduceeachpotentiallysignificantimpacttolessthansignificant.ThemitigationmeasuresthathavebeenrequiredwithintheMNDwouldreducepotentialsignificantimpacts.Thesemeasuresinclude(BIO-1)conductinga pre-constructionsurveyforactivebirdnests,and(CUL-1andCUL-2)monitoringandcollecting,ifnecessary, anydiscoveredarchaeologicalandpaleontologicalresources.Aftertheimplementationoftherequiredmitigationmeasures,thepotentialsignificantimpactswouldbereducedtolessthan 156
RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)OrdinanceNo. 3026Page3of 7 significant.No remainingsignificantimpactswouldoccur. With respectto Aesthetics,althoughlessthansignificantlightingimpactswouldoccur, theMNDincludesmitigationmeasuresthatarerecommendedtofurtherreducelessthansignificantlightimpacts.Thesemeasuresinclude:(AES-1andAES-2)allowingfor remoteshutoff in the eventofmalfunctionandconductingilluminationlevelverificationtests;and WHEREAS,pursuantto CEQAGuidelines§15074,theFinalMNDreflectstheCity’s independentjudgmentandanalysis.TheCityCouncilhasindependentlyreviewedandanalyzedtheFinalIS/MND22-02preparedfortheProject.TheFinalIS/MND22-02isanaccurateandcompletestatementofthepotentialenvironmentalimpactsoftheproject.TheFinalIS/MND22-02waspreparedunderthedirectionoftheCityofOxnardPlanningDivisionandreflectsitsindependentjudgmentandanalysisoftheenvironmentalimpacts.

WHEREAS,theCityCouncil,afterduestudy, deliberationandpublichearingthatthefollowingcircumstancesexist:

1. As outlinedin Section6(b)andAttachmentF of the January19,2023PlanningCommissionStaff report“Staff Report”,theproposedSpecificPlanTextAmendmentisin conformancewiththe2030GeneralPlanandotheradoptedpoliciesoftheCityofOxnard;

2. As outlinedin Section6(c)of the Staff report,the proposedSpecificPlanTextAmendmentisa logicalrefinementandinternallyconsistentwiththeadoptedRiverParkSpecificPlan;and

3. AsdeterminedintheFinalIS/MND22-02,theproposedDevelopmentAgreementwillnotadverselyaffector be materiallydetrimentalto adjacentlanduses,buildingsorstructuresortothepublichealth,safetyorgeneralwelfare;

4. AsoutlinedinSection6(c- e)oftheStaff report,theproposedRiverParkSpecificPlanAmendmentconformstoadoptedCitystandardsandconstitutesgoodCityplanning.

WHEREAS,theApplicantagreesthatatitsownexpense,toindemnifyanddefendtheCityofOxnardanditsagents,officersandemployeesfromandagainstanyclaims,actionsorproceedingstoattack,setaside,voidorannultheapprovalofthisordinanceoranyactionsor proceedings,actsor determinationstaken,doneor madebeforetheapprovalof thisordinancethatwerepartoftheapprovalprocess.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesherebyordainasfollows:

SECTION1. TheRecitalsabovearetrueandcorrectandincorporatedhereinbythisreference.

SECTION2. TheCityCouncilfindsthattheRiverparkSpecificPlanAmendmentisinternallyconsistentwithallotherprovisionsoftheCityofOxnard2030GeneralPlan.

SECTION3.TheCityCouncilfindsthattheRiverparkSpecificPlanAmendmentwillnot 157
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. 3026

Page 4 of 7 ends

be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with the RiverPark Specific Plan Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the proposed RiverPark Specific Plan Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the RiverPark Specific Plan Amendment is in the best interests and welfare of the City and its residents.

SECTION 7. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance; and
SECTION 8. In recommending adoption of this ordinance for the Specific Plan Amendment, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Final MND No. 22-02 was considered by the Planning Commission at the public hearing for the Development Agreement. The Final MND No. 22-02 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines.

The City of Oxnard is the Lead Agency. With implementation of the IS/MND No. 22-02 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. The RiverPark Specific Plan shall remain in full force and effect and shall apply to the property affected by this ordinance.

SECTION 10. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3026 was introduced on March 21, 2023, altered on April 13, 2023 and finally adopted on May 2, 2023 to become effective thirty days thereafter.
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RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. 3026

Page 5 of 7 ends

PASSED AND ADOPTED this 2nd day of May, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

A TTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
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RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)OrdinanceNo. 3026Page6of 7

EXHIBITA
SPECIFICPLANAMENDMENTTEXTChanges

PROPOSEDAMENDMENTSTOCITYOFOXNARDRIVERPARKSPECIFICPLAN
KEY: BlueUnderlined=ProposedAdditionsRedStrikethrough=ProposedDeletions 3 COMMERCIALMASTERPLAN
SECTION3.5 BUILDINGTYPESTANDARDS
Section3.5.2Standardsfor EachBuildingType
▪ Type1-C-A: LargeMultistoryAnchor▪ Type1-C-B: LargePadRetail▪ Type1-C-C: MultistoryMini Anchor▪ Type1-C-D: InlineRetail▪ Type1-C-E: InlineRetail WithUpper StoryOffice/Housing▪ Type1-C-F: PadRestaurant/Retail▪ Type1-C-G: DriveThruCommercial▪ Type2-C-A: FoodandWineMultistory▪ Type2-C-B: FoodandWineDemoFactory/Outlet Store▪ Type2-C-C: FoodandWinePavilion/OfficeBuilding▪ Type3-C: OfficeBuilding▪ Type4-C: Hotel WithRetail▪ Type5-C: StandAloneKiosk▪ Type6-C: Outparcel Commercial▪ Type7-C: FreewayAdjacent Digital DisplayBillboards [. . .]
TYPE7-C: FreewayAdjacent Digital DisplayBillboards
Thefollowingstandardsapplytolotsfor FreewayAdjacent Digital DisplayBillboards. If thelotcontainsother buildingtypes, thelot must complywiththeminimumlot dimensionstandardsrequiredfor that buildingtypepursuant tothissection, unlessotherwisemodified. AdditionalstandardspertainingtoFreewayElectronicBillboardscanbefoundinSection5.9(SignageStandards) andtheOxnardCityCode.

LOTDIMENSIONS
Lot Area Min: 1,000SF Max: 15,000SF
Lot Width Min: 10’ Max: 300’
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RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)OrdinanceNo. 3026Page7of 7 Lot Depth Min: 40’ Max: 100’

SIZEANDSPACING
BillboardFaceDisplay For allowablefacesizerefer totheOxnardCityCode SignHeight For allowablesignheight refer totheOxnardCityCode Setbacks Min: 0’ (FreewayAdjacent Digital DisplayBillboardsonly) Spacing For minimumspacingrequirementsrefer totheOxnardCityCode 5 LANDSCAPEMASTERPLAN

5.5 EDGESANDBUFFERSSTANDARDS

5.5.2DesignConcept for EdgesandBuffers

5.5.2.1TheVenturaFreewayFrontage
Landscaping of RiverPark’s frontage with the Ventura freeway at Planning DistrictsD, BandEshallbe provided in a landscaped buffer zone. Landscaping in this area shall meet the requirements attwo distinct scales: the scale of the freeway, and that of slower moving vehicles and pedestrianswithin RiverPark. Landscaping perceptible from the Ventura freeway will consist of a single rowof30-foot tall Mexican FanPalms(at 30feet O.C.) alongthefreewayfrontage. Thesepalmswill clearlydifferentiate and identify RiverPark not only fromthe freeway but fromthe southern approach fromOxnard. For slower-moving vehicles and pedestrians, the zone will also be planted with anappropriate mix of native and indigenous grasses, perennials, shrubs, and trees. See Exhibit 5.AAfor a typical cross-section. PropertiesdevelopedwithaFreewayAdjacent Digital DisplayBillboardinPlanningDistrictsD, BandEshall beexempt fromtherequirementsof thissubsection.

5.9 SIGNAGESTANDARDS
[. . .]

5.9.3.11 FreewayAdjacent Digital DisplayBillboards
Freeway Adjacent Digital Display Billboards, as defined in the Oxnard City Code(OCC) shall beallowedinPlanningDistrictsAandE, subject solelytotheapplicableregulationsandproceduresof OCCChapter 9ArticleIX. AdvertisingSigns. 161
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: April 13, 2023

TO: City Council

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

RECOMMENDATION

That the City Council:

2. Adopt Ordinance No. 3027 approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No.

A-8516), subject to certain findings.

BACKGROUND

Ordinance Nos. 3026 and 3027 were introduced to the City Council at its March 21, 2023 meeting. Following a public hearing, the Council introduced the ordinances for first reading by title only, waiving further reading. At the hearing, the City Council was presented with one recommendation containing two options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed the development of the proposed Freeway Oriented Electronic Billboard and associated request, included the proposed Development and Lease Agreement as revised to include the following:

1. To include the right for the City to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.

2. Revised the name of the “Oxnard Chamber of Commerce” to the “West Ventura County Business Alliance”.

The applicants, Outfront Foster Interstate, LLC. (“Applicant” or “Developer”) agreed to the amended language to the Development and Lease Agreement. The City Council then voted to adopt Mitigated Negative Declarations (MND 22-02 and 22-03), adopt a Resolution Approving Planning and Zoning Permit No. 20-500-06, adopt a resolution declaring its intention to vacate its right, title and interest in 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, and introduce the Ordinances, as amended, with a vote of 5-1 for first reading by title only, waiving further reading. If adopted by Council on April 13, 2023, the ordinance will take effect thirty days thereafter.

STRATEGIC PRIORITIES

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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

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. Ventura Road Staff Report (Council) 3.21.23

2. Draft Ordinance Approving PZ Permit No. 20-630-02 (Specific Plan Amendment)

3. Draft Ordinance Approving PZ Permit No. 20-670-05 (Development Agreement)

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CITYCOUNCILAGENDAREPORT
PUBLICHEARINGS AGENDAITEMNO.M.7

DATE: March21,2023
TO: CityCouncil
FROM: MaureenTamuri,InterimCommunityDevelopmentDirector,(805)385-7882,[email protected]

SUBJECT: ProjectName:VenturaRoadElectronicBillboardProject;Locatedonanapproximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnard.APN:N/AandalongtheVenturaFreeway(Highway101)inTheRiverParkSpecificPlanarea.(30minutes)

RECOMMENDATION
ThattheCityCouncil:

1. Conductapublichearing,and
Taketheactionsidentifiedunderoneofthetwofollowingoptions:

Option1–Applicants’OriginalRequest/Staff’sRecommendedAction–AllowingthedevelopmentofaFreewayAdjacentDigitalDisplayBillboard:
a. ApproveaResolutionAdoptingaMitigatedNegativeDeclaration(MND)22-02;andb. ApproveaResolutionAdoptingaMitigatedNegativeDeclaration(MND)22-03;andc. IntroduceanOrdinance(bytitleonly,waivingfurtherreading)approvingPlanningandZoningPermitNo.20-630-02(SpecificPlanAmendmentNo.8totheRiverParkSpecificPlan)fortextamendmentstotheRiverParkSpecificPlan,subjecttocertainfindings;andd. IntroduceanOrdinance(bytitleonly,waivingfurtherreading)approvingPlanningandZoningPermitNo.20-670-05(DevelopmentAgreementNo.A-8516),subjecttocertainfindings;ande. AdoptaResolutionApprovingPlanningandZoningPermitNo.20-500-06(SpecialUsePermit)andoverturningthePlanningCommission’sDenial,subjecttocertainconditionsandfindings.f. AdoptResolutiondeclaringitsintentiontovacateitsright,titleandinterestinanapproximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnardandirecttheCityClerktoscheduleapublichearinginaccordancewiththevacationprocedurescontainedinCaliforniaStreetsandHighwayCodeSection8300etseqtobeheldonTuesdayApril18, 206
2023at6:00p.m.attheattheCityCouncilChambersoftheCityofOxnardlocatedat305WestThirdStreetinOxnard,California.

Option2–PlanningCommissionRecommendation–DenyingthedevelopmentofaFreewayAdjacentDigitalDisplayBillboard:
a. ProvidedirectiontoCitystafftoreturnatadatecertainmeetingwiththeappropriateresolutionsofdenialforPlanningandZoningPermitNos.20-630-02(SpecificPlanAmendmentNo.8totheRiverParkSpecificPlan),PlanningandZoningPermitNo.20-670-05(DevelopmentAgreementNo.A-8516), PlanningandZoningPermitNo.20-500-06(SpecialUsePermit),andPlanningandZoningPermitNo.21-660-03(StreetVacation).

PleaseclickthefollowinglinktoviewtherequiredMeasureMpre-recordedpresentationvideo: https://youtu.be/QLdwREOpx_8

BACKGROUND
EXECUTIVESUMMARY:

TheProjectincludesarequestforaSpecialUsePermit,DevelopmentAgreement,StreetVacationandSpecificPlanAmendmenttoallowfortheinstallationandoperationofaFreewayAdjacentDigitalBillboard(billboard)onanapproximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnard(“Project”).

TheSpecialUsePermitallowsforthedevelopmentofanelectronicbillboardthatwouldincludeadigitaldisplayofadvertisementsofvariousbusinesses,activities,servicesorproducts.ThebillboardcomplieswiththestaffrecommendedFreewayAdjacentDigitalBillboardOrdinance:approximately80feetinheightabovethegroundandatwo-sidedlight-emittingdiode(LED)digitaldisplaythatwouldhavedimensionsof14feetinheightand48feetinwidth.ThelocationalsorequiresaStreetVacationtovacatetheexistingright-of-waytotheCityofOxnardandaSpecificPlanAmendmenttoallowforFreewayAdjacentDigitalDisplayBillboardswithintheRiverParkSpecificPlan.

TheproposedDevelopmentAgreement(DA)allowsfortheuseofCitypropertyforthepurposeofaFreewayAdjacentDigitalDisplayBillboardandamongotherpublicbenefitsrequirespaymenttotheCityequaltothirty(30)percentoftheAnnualNetRevenue,withaminimumguaranteeof$150,000peryearforthethirtyyear(30)termoftheDA. Thispaymentequatestoarangeofapproximately$4.5M-$8.4Mforthesubjectsign.

PursuanttoOxnardCityCode,theCommissionisthedecisionmakerforSpecialUsePermit,howevertheCommissionis onlytherecommendationbodyforSpecificPlanAmendments,StreetVacations,andDevelopmentAgreements.

OnFebruary2,2023,thePlanningCommisionfirsttookactiononaproposedFreewayAdjacentDigitalBillboardOrdinance(Ordinance).TheCommissionmadenumerouschangestotheOrdinacne, whichmadethesubjectSUPinconsistentwiththeOrdinance. AttheFebruary2,2023Commissionhearing,theCommissiondenied,andrecommendedCouncildenial,oftheSubjectpermits.BasedonthedenialoftheSpecialUsePermitandrecommendationsontheotherpermits,theCommissioncouldnotfindthestreetvacationinconformancewiththe2030GeneralPlan.However,intheirmotion,theCommissionstatedthatshouldtheCityCouncilapprovetheFreewayAdjacentDigitalDisplayBillboardsOrdinanceasoriginallyproposedbyCityStaff,whichwouldallowforthisbillboardtheywouldbeinsupportofthisproposedProject.Thiswouldincludefindingitconsistentwiththe2030GeneralPlan.

AsthefinaldecisionmakerfortheSpecificPlanAmendmentandtheDevelopmentAgreementistheCityCouncil,and toensurethattheCityCouncilhadtheopportunitytoreviewthewholeoftheproject,allrelatedentitlementsarebeingpresentedtotheCityCouncilfortheirconsideration. CityStafffiledarequestforreviewofthePlanningCommissionsdenialoftheSpecialUsePermit.WhileCityStafffiledtherequestforreview,theApplicantfortheprojectisstillOutfrontFosterInterstaterepresentedbyLarsSkugstad(hereafter“Applicant”or“Developer”).

StaffcontinuestorecommendapprovaloftheProjectasoriginallyproposedbytheApplicantbasedupon:
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1.CityCouncilauthorization,approval,andcontinuedextensionsofExclusiveNegotiationAgreements(ENAs)withbothOutfrontFosterInterstatesince2019,which identifiedpotentialFreewayAdjacentDigitalDisplayBillboardlocations; WiththeincreasedseparationfromresidentialusesrequestedbythePlanningCommissionaspartoftherecommendationontheOrdinance,thesubjectBillboardlocationwouldnotbeallowed.

2.CompliancewithStatelawsestablishedbytheCaliforniaDepartmentofTransportation(Caltrans),whichistheagencyresponsibleforregulatingfreewaysafety;

3.Consistencywiththegeneralplan,zoning,andtheenvironmentalreview,specificallythelightingimpactswhichdoesnotallowanincreaseinilluminationatanyresidentiallyzonedpropertybymorethan0.5footcandles,whichisdeemednegligible.(Thisisfurtherdiscussedinthe“KeyProjectsConcerns”sectionofthisreport).

Insummary,atthispublichearing,theCityCouncilhastheoptiontomoveforwardwith:(1)theapprovaloftheProject;or(2)providedirectiontodenytheProjectanddirectCitystafftoreturnatadatecertainmeetingwiththeappropriateresolutionsofdenial.ShouldtheCityCouncilchoosetotakeanotheractionotherthanthoseidentified,theCityCouncilcandirectstafftoreturnatafuturepublichearingwithreviseddocumentsincorporatingthedirectionprovided.

RoleofthePlanningCommissionandCityCouncilPursuanttoOxnardCityCode(OCC)Section2-95,theCommissionisanadvisorybodywhichprovideslanduserecommendationstotheCityCouncilonitemssuchasGeneralPlanAmendments,SpecificPlans,OrdinanceAmendments,andDevelopmentAgreements.ThereforewhiletheCityCouncilistoconsidertherecommendationsoftheCommission,theCouncilmaytakeanactionwhichisnotconsistentwiththerecommendationsoftheCommission.

ForthebenefitoftheCityCouncil,thisstaffreportprovides:1)backgroundoftheENAdiscussionsandBillboards;2)asummaryoftheCommissionhearings;3)summariesoftheProjectandassociatedenvironmentalreview;and5)adiscussionofkeyconcernsraisedatPlanningCommission.

BACKGROUND:

ENADiscussionsandExtensionsOnJune18,2019,theCityCouncilapprovedandauthorizedtheMayortoexecuteanExclusiveNegotiationAgreement(ENAs)withOutfrontFosterInterstate,LLCforpotentialdigitalbillboardsites.UnderthetermsoftheENA,OutfrontFosterwasgiventheexclusiverighttonegotiatewiththeCityforaninitialsix-monthperiod,andtwoadditionalsix-monthtermsiftheprojectswerebeingdiligentlypursuedbyOutfrontFoster.TheENAiscurrentlyonthe7thAmendmentwhichrunsthroughJune6,2023.

ExistingBillboardsandFreewayOrientedSignageTheCitycurrentlyallowsforbillboardsintheformofOff-siteadvertisingsignsthroughouttheCityinGeneralCommercial(C-2),CommercialManufacturing(C-M),LimitedManufacturing(M-L),LightManufacturing(M-1),andHeavyManufacturing(M-2)zonespursuanttoOCC16-608.UndertheproposedordinancetheFreewayAdjacentDigitalDisplayBillboards,wouldberegulatedseparatelyfromtheOff-siteadvertisingsigns.TheallowanceofFreewayAdjacentDigital DisplayBillboards,ismuchmorelimited,astheyareonlyallowedwithin400feetoftheU.S.Highway101andonlyonCityownedproperty.SimilartotheOff-siteadvertisingsignsthesesignswouldonlybeallowedwithincommerciallyzonedproperty.

InadditiontotheexistingOff-siteadvertisingsigns,theCityhaspermittedtwodigitalsignsasallowedbytheRiverParkSpecificPlan(TheCollection)andtheRoseSantaClaraSpecificPlan(OxnardAutoCenter).ThesesignsarenotdefinedasOff-siteadvertisingsignsandgenerallylimitedtothedisplayofbusinesseslocatedwithintheCollectionortheOxnardAutoCenter.TheywerebothpermittedundertheirrespectiveSpecificPlans;therefore,noadditionaldigitalsignagewouldbeallowedwithoutchangestotheSpecificPlans.Also,theCollectionsignisapproximately110feetawayfromtheclosestresidentialzonedproperty.

FreewayAdjacentDigitalDisplayBillboardsOrdinance(PZ20-580-06)Priortoconsiderationofthesubjectrequest,CouncilmusttakeactiononamendmentstoArticleIX.AdvertisingSignsoftheOxnardCityCodetopermitFreewayAdjacentDigitalDisplayBillboards. Aseparatestaffreportaddressesthe 208
specificsofthatOrdinance,aswellastheCommission'srecommendedchangestothatOrdinance.TheCommission’srecommendedchangestotheOrdinancewasapprovedby3(infavor)-2(against),withtwocommissionersabsent.DuetotheproposedchangestheCommissionwasrequiredtoreviewtheVenturaRoadElectronicBillboardProjectinaccordancewiththeamendments.AstheProjectwasinconsistentwiththerecommendedamendments,theCommissionhadtodenyPlanningandZoningPermitNo.20-500-06(SpecialUsePermit)andrecommenddenialoftheotherassociatedprojectcomponent.

PROJECTREQUESTS:

TheApplicant’srequestsoughtPlanningCommissionandCityCouncilapprovalofthefollowingfourrequests(SpecialUsePermit,DevelopmentAgreement,SpecificPlanAmendment,StreetVacation,andMitigatedNegativeDeclarations(MND22-02and22-03)):

1.SpecialUsePermitThebillboardwouldincludeadigitaldisplayofadvertisementsofvariousbusinesses,activities,servicesorproducts.Theproposedbillboardwouldbesupportedbyapolethatrangesindiameterfromapproximately7feetto3feet.Thepolewouldextendapproximately65.5feetaboveground.Thepolewouldbepaintedprimarilygrayexceptfortheupper10.5feetthatwouldbepaintedblack.Thetopofthebillboardwouldbeapproximately80feetinheightabovethegroundandthedimensionsoftheelectronicbillboardsignwouldbe14.5feetinheightand48.5feetinwidth.TheexistinggroundlevelisatapproximatelythesameelevationasthetravellanesalongVenturaRoad.Theelectronicbillboardwouldhaveatwo-sidedlight-emittingdiode(LED)digitaldisplaythatwouldhavedimensionsof14feetinheightand48feetinwidth.

Lightinglevelsonthedigitalsignwillnotexceed0.3footcandlesaboveambientlightfromadistanceof250feet,asmeasuredaccordingtostandardsoftheOutdoorAdvertisingAssociationofAmerica.Brightnessshallnotexceed300nitere(nits)orcandelapersquaremeterfromsunsettosunrise.Atallothertimes,brightnesswillnotexceed7,500nits.Illuminationshallbedirectedsuchthatminimallightspillwilloccuroneithersideorthetoporbottomofthesignface.Alightsensorwillbeinstalledwiththesigntomeasureambientlightlevelsandadjustlightintensityandbrightnessbasedonambientconditions.Forreference,basedonastudyofexistinglightinglevels,alongVenturaRoadtheaverageilluminationis15foot-candlesduetoexistingstreetlightsandothernearbylightingfixtures.Theelectronicsignwillnotdisplayanymoving,flashing,scrolling,fading,brighteningoranimatedtextorvideo.Thesignagewillbecontrolledremotelyandincluderemotemaintenancesoftware.LEDlightinghasadirectionalnature,focusedtowardthefreeway.Louverswillbelocatedaboveeachrowoflightstopreventlightfromprojectingupwardintothesky.AsdesignedthebillboardcomplieswiththestaffrecommendedordinanceandtheStatelawsestablishedbytheCaliforniaDepartmentofTransportation(Caltrans),whichistheagencyresponsibleforregulatingfreewaysafety.

2.DevelopmentAgreementTheproposedDevelopmentAgreementwillallowfortheuseofCitypropertyforthepurposeofaFreewayAdjacentDigitalDisplayBillboard.Theagreementalsooutlinestherequiredpublicbenefitstobeprovidedbythefuturedevelopment,includingfiscalbenefitstotheCity,suchasrevenuesharing.Asproposedtheseinclude:
●Term-Thirty(30)years.●MonetaryPayment-TheApplicantshallpaytotheCity30percentoftheAnnualNetRevenue,withaminimumguaranteeof$150,000peryear(approximately$4.5M-$8.4Moverthetermoftheagreement).●CityUsageoftheBillboard-TotheextentthatcommercialadvertisingtimeontheBillboardisunsoldandavailable,Cityshallhavetherighttouse12.5%outofthetotalinventoryof16spots(8spotsperface)or2totalspotsfortheBillboard.●EmergencyNotifications- OutfrontshallmaketheBillboardavailabletoCaltransandtheCaliforniaHighwayPatrolforpurposesof“AmberAlerts”andforemergencyordisasternotificationsbylocal,stateorfederalagencies.●DiscountforOxnardAutoDealersandOxnardChamberofCommerceMembers-OxnardAutoDealersandmembersoftheOxnardChamberofCommerceshallreceiveatenpercent(10%)discountfromtheratestoadvertiseontheBillboard.●Prohibitions-Anymessagethat:isinherentlyfalse,misleading,orlibelous(i.e.,speechthatisincapableofbeingpresentedinamannerthatisnotmisleading);promotesthesaleoruseoffirearmsortobaccoproducts,whetherdirectlyorindirectly;promotesadultentertainment,products,conventions,events,orwebsites;contains“obscenematter,”asthattermisdefinedinlocal,Californiaorfederallaw. 209

3.SpecificPlanAmendmentTheproposedProjectrequiresanamendmenttotheRiverParkSpecificPlan.toaddFreewayAdjacentDigitalDisplayBillboardswithintheCommercialMasterPlanoftheRiverParkSpecificPlan.ThespecificrevisionstotheSpecificPlantextidentifyminimumandmaximumlotdimensionsaswellassizeandspacingofthebillboards.Theserevisionsare consistentwiththestaffrecommendedFreewayAdjacentDigitalDisplayBillboardsOrdinancethatisrequiredtobeapprovedpriortoapprovaloftheproposedProject.TheSpecificPlanAmendmentwasanalyzedunderMND22-02.

4.StreetVacationTheProjectsiteiswithinthecurrentstreetright-of-wayandisproposedtobevacated.Astheunderlyingpropertyowner,theCityofOxnardwillretainownership,makingitaCity-ownedproperty.Theprocessforaright-of-wayvacationisoutlinedintheStreetsandHighwaysCodeSection8320.PursuanttoStreetsandHighwaysCodeSection8320,avacationrequestinvolvesatwo-stepprocess.Thefirststep,occuringonMarch21,2023,requirestheCityCounciltoreviewthestreetvacationrequestsandadoptaresolutionofintentiontovacatetheeasement.ThesecondstepinvolvesanoticedpublichearingandtheadoptionofaresolutiontovacatetheeasementbytheCityCouncil.InaccordancewithStreetsandHighwaysCodeSection8320(b)(2),thedateofthepublichearingshallnotbelessthan15daysaftertheinitiationofproceedingswhichmeansthattheearliesttheCityCouncilcanscheduleapublichearingtoconsidertheeasementvacationataregularCityCouncilmeetingisApril18,2023.

TheeasementvacationmapisincludedasAttachment9,ExhibitA.Vacatingtheapproximately1,000-squarefootundevelopedsitelocatedonthenorthsideoftheU.S.101andimmediatelywestofVenturaRoadinthenorthernportionoftheCityofOxnardwillnotalterpublicsafety,convenience,andpublicwelfare.Theproposedsiteimprovementsincludetheinstallationofanelectronicsignandtrafficbarrier.IntheCity’sBicycleandPedestrianMasterPlan,thislocationisidentifiedasthepossiblelocationfortheSantaClaraRivermulti-purposepath.Citystaffhasreviewedtheproposedsignandbarrierlocationandconfirmedthatthereissufficientspaceforthefuturepath,shoulditbedevelopedinthefuture.

Additionally,allpropertyvacationsaretobereviewedforconformancewiththeGeneralPlan.Aspreviouslymentioned,theeasementvacationwasreviewedbythePlanningCommision.BasedonthedenialoftheSpecialUsePermitandrecommendationsontheotherpermits,theCommissioncouldnotfindthestreetvacationinconformancewiththe2030GeneralPlan.However,intheirmotion,theCommissionstatedthatshouldtheCityCouncilapprovetheFreewayAdjacentDigitalDisplayBillboardsOrdinanceasoriginallyproposedbyCityStaff,whichwouldallowforthisbillboard,theywouldbeinsupportofthisproposedProject.Thiswouldincludefindingitconsistentwiththe2030GeneralPlan.

5.EnvironmentalDeterminationMitigatedNegativeDeclaration(MND22-02)(SpecificPlanAmendment)PursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)Section15060,theCityofOxnardastheLeadAgency,preparedaMitigatedNegativeDeclaration(MND)inaccordancewithCEQAandtheCEQAGuidelines.TheMNDidentifiedanddiscussedpotentialimpacts,mitigationmeasures,monitoringrequirements,andresidualimpactsforidentifiedsubjectareas.TheMNDfoundthattheimplementationoftheproposedProjectwouldresultinpotentiallysignificantimpactsassociatedwithbiologicalresources,culturalresources,andnoiseonwildlifespecies.Mitigationmeasureshavebeenrequiredtoreduceeachpotentiallysignificantimpacttolessthansignificant.ThemitigationmeasuresthathavebeenrequiredwithintheMNDwouldreducepotentialsignificantimpacts.Thesemeasuresinclude(BIO-1)conductingapre-constructionsurveyforactivebirdnests,and(CUL-1andCUL-2)monitoringandcollecting,ifnecessary,anydiscoveredarchaeologicalandpaleontologicalresources.Aftertheimplementationoftherequiredmitigationmeasures,thepotentialsignificantimpactswouldbereducedtolessthansignificant.Noremainingsignificantimpactswouldoccur.WithrespecttoAesthetics,althoughlessthansignificantlightingimpactswouldoccur,theMNDincludesmitigationmeasuresthatarerecommendedtofurtherreducelessthansignificantlightimpacts.Thesemeasuresinclude:(AES-1andAES-2)allowingforremoteshutoffintheeventofmalfunctionandconductingilluminationlevelverificationtests.

TheMNDwasavailableforpublicreviewfromJune30,2022,andendedonJuly29,2022.TheCityofOxnardreceivedfourcommentlettersontheDraftMND.ThecommentlettersandresponsestoeachcommenthavebeenpreparedandincludedintheFinalIS/MND.Commentsprovidedwillbeconsideredbythedecision-makingbodyinaccordancewithCEQAGuidelines,Section15074(b). 210
Withtheinclusionofthemitigationsfortheareasnotedabove,theProjectwillnothaveasignificanteffectontheenvironment.Therefore,aMitigatedNegativeDeclaration(MND)waspreparedwithmitigationmeasuresandamonitoringprograminaccordancewiththeprovisionsofCEQA.

MitigatedNegativeDeclarations(MND22-03)PursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)Section15060,theCityofOxnardastheLeadAgency,preparedaMitigatedNegativeDeclaration(MND)inaccordancewithCEQAandtheCEQAGuidelines.TheMNDidentifiedanddiscussedpotentialimpacts,mitigationmeasures,monitoringrequirements,andresidualimpactsforidentifiedsubjectareas.TheMNDfoundthattheimplementationoftheproposedProjectwouldresultinpotentiallysignificantimpactsassociatedwithbiologicalresources,culturalresources,andnoiseonwildlifespecies.Mitigationmeasureshavebeenrequiredtoreduceeachpotentiallysignificantimpacttolessthansignificant.ThemitigationmeasuresthathavebeenrequiredwithintheMNDwouldreducepotentialsignificantimpacts.Thesemeasuresinclude:(BIO-1andBIO-2)conductingapre-constructionsurveyforactivebirdnestsandconductingfocusedprotocolnestsurveyforleastBell’svireo,and(CR-1andCR-2)monitoringandcollecting,ifnecessary,anydiscoveredarchaeologicalandpaleontologicalresources.Aftertheimplementationoftherequiredmitigationmeasures,thepotentialsignificantimpactswouldbereducedtolessthansignificant.Noremainingsignificantimpactswouldoccur.WithrespecttoAesthetics,althoughlessthansignificantlightingimpactswouldoccur,theMNDincludesmitigationmeasuresthatarerecommendedtofurtherreducelessthansignificantlightimpacts.Thesemeasuresinclude:(AES-1andAES-2)allowingforremoteshutoffintheeventofmalfunctionandconductingilluminationlevelverificationtests.

TheMNDwasavailableforpublicreviewfromJune30,2022,andendedonJuly29,2022.TheCityofOxnardreceivedfivecommentlettersontheDraftMND.ThecommentlettersandresponsestoeachcommenthavebeenpreparedandincludedintheFinalIS/MND.Commentsprovidedwillbeconsideredbythedecision-makingbodyinaccordancewithCEQAGuidelines,Section15074(b).

Withtheinclusionofthemitigationsfortheareasnotedabove,theProjectwillnothaveasignificanteffectontheenvironment.Therefore,aMitigatedNegativeDeclaration(MND)waspreparedwithmitigationmeasuresandmonitoringprograminaccordancewiththeprovisionsofCEQA.

KEYPROJECTCONCERN
VisualImpactsonViewCorridorsConcernswereraisedbyCommissionersandmembersofthepublicregardingvisualimpactstotheHighway101corridor.Specifically,commentsweremadeaboutimpactsonmountainviews.Whiletheproposedbillboardwouldbevisible,itisconsistentwiththenatureoftheU.S.Highway101corridor,whichisgenerallycharacterizedbyurbanorhighdensitydevelopment.Thisincludesmid-highrisedevelopmentsinbothRiverParkandWagonWheel,whichincludeurbandevelopmentsupto100feetinheight,aswellasothercommercialdevelopmentsincludingcardealerships,hotels,restaurants,etc.ThecorridoralsoincludesothersimilarlargescalesignagesuchastheexistingAutoCenter(70feet),TheCollection(60feet),andEsplanade(75feet)signs,whichissimilartotheproposedProjectwhichwouldbe60feettallasviewedfromthefreeway.Inadditiontothesesignstherearenumerouslargerilluminatedfreewaysigns,includingelectronicones,alongthecorridor.Theproposedbillboardwouldbeconsistentwiththeoverallnatureofthecorridor.

STRATEGICPRIORITIES
ThisagendaitemsupportsEconomicDevelopmentstrategy.ThepurposeofEconomicDevelopmentstrategyistofocusontheretentionandexpansionofOxnardbusinessesbyincreasingtheskillsandemployabilityofourlocalworkforce,invitenewbusinessinvestments,andtargetsite-basedredevelopmentopportunities.

ThisagendaitemsupportstheInfrastructureandNaturalResourcesstrategy.ThepurposeoftheInfrastructureandNaturalResourcesstrategyistopreserveandimproveourroads,utilities,parks,trees,watersupplyandnaturalresourcesthrougheffectiveplanning,prioritization,andanequitableandefficientuseofavailablefunding.

FINANCIALIMPACT
Ifoption1isselected,theApplicantshallpaytotheCity30percentoftheAnnualNetRevenue,withaminimumguaranteeof$150,000annually. Revenuereceiptisdependentonconstructiontiming,butwouldbeanticipatedinFiscalYear2023-24attheearliest. 211

COMMITTEEOUTCOME
ThisisaPublicHearingandwasreviewedbythePlanningCommission(Commission),thereforethisitemdidnotoriginateinCommittee.

DuringtheCommission’spublichearingonJanuary19,2023,Commissionersaskedaseriesofquestionsasaresultofstaff’sandtheApplicantteam’spresentations.OneverbalcommentwasprovidedduringthepubliccommentperiodontheProject.Thequestionsandcommentsweregenerallyinregardstotheimpactsonviewsandlighting.FollowingCommissiondeliberation,amotionofIntenttoDenytheProjectastheycouldnotmakealloftheFindingsrequiredtosupporttheProject.However,aspartofthismotiontheCommission,includedastatementthatifthetheCityCouncildidnotincorporatetheirrecommendationsontheZoneTextAmendmentPZ20-580-06,thattheywouldbeinsupportoftheproposedProject,asitwasfurtherfromexistingresidential.TheJanuary19,2023PlanningCommissionmeetingcanbeviewedonlineatthefollowinglink:https://www.youtube.com/watch?v=DIS7Q-hYfgg.

OnFebruary2,2023,allsixmembersofthePlanningCommissionwerepresent.TheCommissionerswhowerenotpresentonJanuary19,2023confirmedtheyreviewedthestaffmaterialsandwatchedthevideooftheCommission’sJanuary19meeting.OneoftheCommissionerswhowaspreviouslypresentonJanuary19th,wasabsentonFebruary2nd.OnFebruary2,2023,theCommissionvoted6-0(withonecommissionerabsent),toadoptaresolutiondenyingtheSpecialUsePermitandrecommendingdenialoftheSpecificPlanAmendment,StreetVacation,andDevelopmentAgreementtotheCityCouncil.WhileasnotedabovetheCommissionwasrequiredtodenytheprojectbasedupontherecommendedchangestotheordinance,someofthecommissionersdidraiseconcernabouttheProject’svisualimpacts.

Preparedby: JoePearsonII,AICP,Planning&EnvironmentalServicesManager

ATTACHMENTS

1. PlanningCommissionStaffMaterialsdated1-19-2023and2-2-20232. FinalIS-MND22-023. FinalIS_MND22-034. DraftCityCouncilResolutionAdoptingMitigatedNegativeDeclaration(MND)22-025. DraftCityCouncilResolutionAdoptingMitigatedNegativeDeclaration(MND)22-036. DraftOrdinanceApprovingPZPermitNo.20-630-02(SpecificPlanAmendment)7. DraftOrdinanceApprovingPZPermitNo.20-670-05(DevelopmentAgreement)8. DraftResolutionApprovingPlanningandZoningPermitNo.20-500-06(SpecialUsePermit)9. DraftCityCouncilResolutionofIntent10. VenturaRoadElectronicBillboardProjectCCPresentation 212

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.8

DATE: May 2, 2023

TO: City Council

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

RECOMMENDATION

That the City Council:

2. Adopt Ordinance No. 3025 approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A- 8515), subject to certain findings.

BACKGROUND

At its meeting on April 13, 2023, the City Council made several changes to Exhibit A to Ordinance No. 3025 (the Development and Lease Agreement) that were acceptable to the applicant Outfront Foster Interstate, LLC. The specific changes to the Development and Lease Agreement are as indicated in Attachment 1. Generally, the changes added language to Section 7.2(b) of the Development and Lease Agreement specifically indicating that the City advertising spots on the proposed billboard cannot be used for political purposes. (Such use is already prohibited under well- established California case law.) In addition, Section 8 was amended to remove specific language, including language regarding commercial advertising and political advertising as it relates to the types of advertising that OFI could display on the billboard.

Because of the changes to Exhibit A to Ordinance No. 3025, the City Council did not adopt either Ordinance No. 3024 or Ordinance No. 3025 at its April 13, 2023 meeting. Instead, both ordinances are being considered for adoption at the May 2, 2023 City Council meeting. If adopted by the City Council on May 2, 2023, the ordinance will take effect thirty days later.

STRATEGIC PRIORITIES

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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

COMMITTEE OUTCOME

This item was reviewed by the Planning Commission, therefore this item did not originate in Committee.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager, Kenneth Rozell, Chief Assistant City Attorney

ATTACHMENTS

1. Proposed Changes to Development Agreements

2. Draft Ordinance Approving PZ Permit No. 20-630-02 (Specific Plan Amendment)

3. Draft Ordinance Approving PZ Permit No. 20-670-06 (Development Agreement)

4. Riverpark Staff Report (City Council) 4.13.23

5. Riverpark Staff Report (City Council) 3.21.23 (Without Attachments)

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PROPOSED CHANGES TO DEVELOPMENT

AGREEMENT AND LEASE OF PROPERTY
These are the proposed changes to Exhibit A to Ordinance No. 3025 (the Development Agreement and Lease of Real Property):

2. Amend Section 8 of the Development Agreement and Lease of Real Property to read as follows:
“8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means advertising that promotes or opposes any candidate for 215
public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; contains language that presents a clear- and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity.

OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.” 216
ORDINANCE NO. 3024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING PLANNING AND ZONING PERMIT NO. 20-630-02 (SPECIFIC PLAN AMENDMENT NO. 8 TO THE RIVERPARK SPECIFIC PLAN) TO AMEND THE TEXT WITHIN THE RIVERPARK SPECIFIC PLAN. FILED BY LARS SKUGSTAD, 1111 BROADW AY , SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE
“PROPERTY OWNER”).

WHEREAS, on September 10, 2002 the City Council approved the entitlements for the RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, the City Council approved the first amendment request (PZ 02-630-05) on October 22, 2002, which amended the Specific Plan to include regulations for temporary uses; and
WHEREAS, the City Council approved the second amendment request (PZ 03-630-03) on July 27, 2004, allowing a minor change in the land use designation on a small parcel from Open Space to Commercial; and
WHEREAS, the City Council approved the third amendment request (PZ 09-630-09) on April 14, 2009, allowing a freeway-oriented pylon sign subject to approval of a Design Development Review permit (DDR) by the Development Services Director; and WHEREAS, the City Council approved the fourth amendment (PZ 10-630-02) on June 14, 2011, and allows three freeway oriented monument signs subject to approval of a DDR, and an electronic digital display panel for the pylon sign, subject to subsequent approval of a Special Use Permit; and
WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RiverPark Specific Plan to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and WHEREAS, the City Council approved the seventh amendment (PZ 20-630-01) on March 15, 2022, which allowed for the option to develop up to 1,025 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios; and
WHEREAS, the Planning Commission of the City of Oxnard has considered the proposed map and text amendment to Pages 3.7, 3.22, 5.9, and 5.23 of the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan (herein referred to as the “Project”); and 217
OrdinanceNo. 3024RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)Page2of 7 WHEREAS,onJanuary19,2023,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”)conducteda dulynoticedpublichearingwherewrittenandoralcommentswerereceivedand reviewedto consideran applicationfor SpecificPlanAmendmentNo.8 (PZ20-630-02)inaccordancewithChapter16-575oftheOxnardCityCode;and WHEREAS,on January19,2023,thePlanningCommissionreviewedallof theinformationprovidedin thestaff reportandconsideredthetestimonygivenat thepublichearing,includingallwrittencommunicationstothePlanningCommission,aswellasotherpertinentinformationanddeliberatedthemeritsoftheProject.ThePlanningCommissionvotedtodenytheProjectandnotallowFreewayAdjacentDigitalDisplayBillboardswithintheRiverParkSpecificPlan,subjecttothepreparationofa writtenresolutionsofdenialtobeconsideredatthePlanningCommissionmeetingonFebruary2,2023;and WHEREAS,thePlanningCommissionfound,afterduestudy, deliberationanda dulynoticedpublichearingonFebruary2,2023,andreceivedandreviewedwrittenandoralcomments,presentedbystaff andtheApplicantwithaseriesofquestions,andthattheproject,as amended,meetsthecriteriasetoutinChapter16-575oftheOxnardCityCode;and WHEREAS,the PlanningCommissionadoptedResolution2022-07recommendingthatthe CityCouncildenyPlanning& ZoningPermitNo.20-630-02(SpecificPlanAmendment);and WHEREAS,onMarch21,2023,theCityCouncilof theCityof Oxnardconducteda dulynoticedpublichearingtoconsidertherequesttoapprovePlanningandZoningPermitNo.20-630-02(SpecificPlanAmendment),bothasoriginallyproposedbytheApplicantandasrecommendedbythePlanningCommission,inaccordancewiththeOCC;and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityofOxnardastheLeadAgency, preparedaMitigatedNegativeDeclaration(MND)in accordancewithCEQAandtheCEQAGuidelines.TheMNDidentifiedanddiscussedpotentialimpacts,mitigationmeasures,monitoringrequirements,andresidualimpactsforidentifiedsubjectareas.TheMNDfoundthattheimplementationofthe proposedProjectwouldresultin potentiallysignificantimpactsassociatedwithbiologicalresources,culturalresources,andnoiseonwildlifespecies.Mitigationmeasureshavebeenrequiredtoreduceeachpotentiallysignificantimpacttolessthansignificant.ThemitigationmeasuresthathavebeenrequiredwithintheMNDwouldreducepotentialsignificantimpacts.Thesemeasuresinclude(BIO-1)conductinga pre-constructionsurveyforactivebirdnests,and(CUL-1andCUL-2)monitoringandcollecting,ifnecessary, anydiscoveredarchaeologicalandpaleontologicalresources.Aftertheimplementationoftherequiredmitigationmeasures,thepotentialsignificantimpactswouldbereducedtolessthan 218
OrdinanceNo. 3024RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)Page3of 7 significant.No remainingsignificantimpactswouldoccur. With respectto Aesthetics,althoughlessthansignificantlightingimpactswouldoccur, theMNDincludesmitigationmeasuresthatarerecommendedtofurtherreducelessthansignificantlightimpacts.Thesemeasuresinclude:(AES-1andAES-2)allowingfor remoteshutoff in the eventofmalfunctionandconductingilluminationlevelverificationtests;and WHEREAS,pursuantto CEQAGuidelines§15074,theFinalMNDreflectstheCity’s independentjudgmentandanalysis.TheCityCouncilhasindependentlyreviewedandanalyzedtheFinalIS/MND22-02preparedfortheProject.TheFinalIS/MND22-02isanaccurateandcompletestatementofthepotentialenvironmentalimpactsoftheproject.TheFinalIS/MND22-02waspreparedunderthedirectionoftheCityofOxnardPlanningDivisionandreflectsitsindependentjudgmentandanalysisoftheenvironmentalimpacts.

WHEREAS,theCityCouncil,afterduestudy, deliberationandpublichearingthatthefollowingcircumstancesexist:

1. AsoutlinedinSection6(b)andAttachmentFofthePlanningCommissionStaff report,theproposedSpecificPlanTextAmendmentis inconformancewiththe2030GeneralPlanandotheradoptedpoliciesoftheCityofOxnard;

2. Asoutlinedin Section6(c)of thePlanningCommissionStaff report,theproposedSpecificPlanTextAmendmentisa logicalrefinementandinternallyconsistentwiththeadoptedRiverParkSpecificPlan;and

4. AsoutlinedinSection6(c- e)ofthePlanningCommissionStaff report,theproposedRiverParkSpecificPlanAmendmentconformstoadoptedCitystandardsandconstitutesgoodCityplanning.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesherebyordainasfollows:

SECTION1. TheRecitalsabovearetrueandcorrectandincorporatedhereinbythisreference.

SECTION2. TheCityCouncilfindsthattheRiverparkSpecificPlanAmendmentisinternallyconsistentwithallotherprovisionsoftheCityofOxnard2030GeneralPlan.

SECTION3.TheCityCouncilfindsthattheRiverparkSpecificPlanAmendmentwillnot 219
Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

Page 4 of 7 ends

be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with The Riverpark Specific Plan Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the proposed RiverPark Specific Plan Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the RiverPark Specific Plan Amendment is in the best interests and welfare of the City and its residents.

The City of Oxnard is the Lead Agency. With implementation of the MND No. 22-02 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. The RiverPark Specific Plan shall remain in full force and effect and shall apply to the property affected by this Ordinance.

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3024 was introduced on March 21, 2023, altered on April 13, 2023 and finally adopted on May 2, 2023 to become effective thirty days thereafter.
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Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

Page 5 of 7 ends

PASSED AND ADOPTED this 2nd day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

A TTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
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OrdinanceNo. 3024RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)Page6of 7

EXHIBITA
SPECIFICPLANAMENDMENTTEXTChanges

LOTDIMENSIONS
Lot Area Min: 1,000SF Max: 15,000SF
Lot Width Min: 10’ Max: 300’
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OrdinanceNo. 3024RiverParkSpecificPlanAmendment No. 8(PZ20-630-02)Page7of 7 Lot Depth Min: 40’ Max: 100’

5.5 EDGESANDBUFFERSSTANDARDS

5.5.2DesignConcept for EdgesandBuffers

5.9 SIGNAGESTANDARDS
[. . .]

5.9.3.11 FreewayAdjacent Digital DisplayBillboards
Freeway Adjacent Digital Display Billboards, as defined in the Oxnard City Code(OCC) shall beallowedinPlanningDistrictsAandE, subject solelytotheapplicableregulationsandproceduresof OCCChapter 9ArticleIX. AdvertisingSigns. 223
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: April 13, 2023

TO: City Council

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

RECOMMENDATION

That the City Council:

2. Adopt Ordinance No. 3025 approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A- 8515), subject to certain findings.

BACKGROUND

Ordinance Nos. 3024 and 3025 were introduced to the City Council at its March 21, 2023 meeting. Following a public hearing, the Council introduced the ordinances for first reading by title only, waiving further reading. At the hearing, the City Council was presented with one recommendation containing two options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed the development of the proposed Freeway Oriented Electronic Billboard and associated request, included the proposed Development and Lease Agreement as revised to include the following:

1. To include the right for the City to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.

2. Revised the name of the “Oxnard Chamber of Commerce” to the “West Ventura County Business Alliance”.

STRATEGIC PRIORITIES

268
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

COMMITTEE OUTCOME

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

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

ATTACHMENTS

1. Riverpark Staff Report (City Council) 3.21.23 (Without Attachments)

2. Draft Ordinance Approving PZ Permit No. 20-630-02 (Specific Plan Amendment)

3. Draft Ordinance Approving PZ Permit No. 20-670-06 (Development Agreement)

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CITYCOUNCILAGENDAREPORT
PUBLICHEARINGS AGENDAITEMNO.M.6

DATE: March21,2023
TO: CityCouncil
FROM: MaureenTamuri,InterimCommunityDevelopmentDirector,(805)385-7882,[email protected]

SUBJECT: ProjectName:RiverParkBoulevardElectronicBillboardProject;Locatedonanapproximately0.25-acreundevelopedsitelocatedbetweentheU.S.101andRiverParkBoulevardapproximately850feetnorthofVineyardAvenueinthenorthernportionoftheCityofOxnard(APN:132-0-311-075)andalongtheVenturaFreeway(Highway101)intheRiverParkSpecificPlanarea.(30minutes)

RECOMMENDATION
ThattheCityCouncil:

1. Conductapublichearing,and
Taketheactionsidentifiedunderoneofthetwofollowingoptions:

Option1–Applicants’OriginalRequest/Staff’sRecommendedAction–AllowingthedevelopmentofaFreewayAdjacentDigitalDisplayBillboard:
a. ApproveaResolutionAdoptingaMitigatedNegativeDeclaration(MND)22-02;andb. IntroduceanOrdinance(bytitleonly,waivingfurtherreading)approvingPlanningandZoningPermitNo.20-630-02(SpecificPlanAmendmentNo.8totheRiverParkSpecificPlan)fortextamendmentstotheRiverParkSpecificPlan,subjecttocertainfindings;andc. IntroduceanOrdinance(bytitleonly,waivingfurtherreading)approvingPlanningandZoningPermitNo.20-670-06(DevelopmentAgreementNo.A-8515),subjecttocertainfindings;andd. AdoptaResolutionApprovingPlanningandZoningPermitNo.20-500-07(SpecialUsePermit)andoverturnthePlanningCommission’sDenial,subjecttocertainconditionsandfindings.

Option2–PlanningCommissionRecommendation–DenyingthedevelopmentofaFreewayAdjacentDigitalDisplayBillboard:
a. ProvidedirectiontoCitystafftoreturnatadatecertainmeetingwiththeappropriateresolutionsofdenialforPlanningandZoningPermitNos.20-630-02(SpecificPlanAmendmentNo.8totheRiverParkSpecificPlan), 270
PlanningandZoningPermitNo.20-670-06(DevelopmentAgreementNo.A-8515),andPlanningandZoningPermitNo.20-500-07(SpecialUsePermit).

PleaseclickthefollowinglinktoviewtherequiredMeasureMpre-recordedpresentationvideo: https://youtu.be/8O39aFT6T0Y

BACKGROUND
EXECUTIVESUMMARY:

TheProjectincludesarequestforaSpecialUsePermit,DevelopmentAgreement,andSpecificPlanAmendmenttoallowfortheinstallationandoperationofanelectronicbillboardonanapproximately0.25acreundevelopedsitelocatedbetweentheU.S.101andRiverParkBoulevardapproximately850feetnorthofVineyardAvenueinthenorthernportionoftheCityofOxnard(“Project”). TheSpecialUsePermitallowsforthedevelopmentofanelectronicbillboardthatwouldincludeadigitaldisplayofadvertisementsofvariousbusinesses,activities,servicesorproducts.Thetopofthebillboardwouldbeapproximately60feetinheightabovetheground,andthedimensionsoftheelectronicbillboardsignwouldbe14.5feetinheightand48.5feetinwidth.Theelectronicbillboardwouldhaveatwo-sidedlight-emittingdiode(LED)digitaldisplaythatwouldhavedimensionsof14feetinheightand48feetinwidth.TheSpecialUsePermitwillalsoincludeminorlandscapeimprovementswithintheadjacentCaltransrightofway.Thesewillincludetheremovaloftheexistingeucalyptustreesandtheplantingofalternatives,subjecttoCaltransapproval. TheproposedSpecificPlanAmendmentwouldamendtheRiverParkSpecificPlantoallowforFreewayAdjacentDigitalDisplayBillboardswithintheRiverParkSpecificPlan.

PursuanttoOxnardCityCode,theCommissionisthedecisionmakerforSpecialUsePermit,howevertheyarearecommendationbodyforSpecificPlanAmendmentandDevelopmentAgreements.

OnFebruary2,2023,thePlanningCommissionfirsttookactiononaproposedFreewayAdjacentDigitalBillboardOrdinance(Ordinance).TheCommissionmadenumerouschangestotheOrdinance, whichmadethesubjectSUPinconsistentwiththeOrdinance.AttheFebruary2,2023Commissionhearing,theCommissiondenied,andrecommendedCouncildenial,oftheSubjectpermits. AsthefinaldecisionmakerfortheSpecificPlanAmendmentandtheDevelopmentAgreementistheCityCouncil,and toensurethattheCityCouncilhadtheopportunitytoreviewthewholeoftheproject,allrelatedentitlementsarebeingpresentedtotheCityCouncilfortheirconsideration. CityStafffiledarequestforreviewofthePlanningCommissionsdenialoftheSpecialUsePermit.WhileCityStafffiledtherequestforreview,theApplicantfortheprojectisstillOutfrontFosterInterstaterepresentedbyLarsSkugstad(hereafter“Applicant”or“Developer”).

StaffcontinuestorecommendapprovaloftheProjectasoriginallyproposedbytheApplicantbasedupon:

2.CompliancewithStatelawsestablishedbytheCaliforniaDepartmentofTransportation(Caltrans),whichistheagencyresponsibleforregulatingfreewaysafety;

3.Consistencywiththegeneralplan,zoning,andtheenvironmentalreview,specificallythelightingimpactswhichdoesnotallowanincreaseinilluminationatanyresidentiallyzonedpropertybymorethan0.5footcandles,whichisdeemed 271
negligible.(Thisisfurtherdiscussedinthe“KeyProjectsConcerns”sectionofthisreport).

BACKGROUND:

FreewayAdjacentDigitalDisplayBillboardsOrdinance(PZ20-580-06)Priortoconsiderationofthesubjectrequest,CouncilmusttakeactiononamendmentstoArticleIX.AdvertisingSignsoftheOxnardCityCodetopermitFreewayAdjacentDigitalDisplayBillboards. AseparatestaffreportaddressesthespecificsofthatOrdinance,aswellastheCommission'srecommendedchangestothatOrdinance.TheCommission’srecommendedchangestotheOrdinancewasapprovedby3(infavor)-2(against),withtwocommissionersabsent.DuetotheproposedchangestheCommissionwasrequiredtoreviewtheRiverParkBlvdElectronicBillboardProjectinaccordancewiththeamendments.AstheProjectwasinconsistentwiththerecommendedamendments,theCommissionhadtodenyPlanningandZoningPermitNo.20-500-07(SpecialUsePermit)andrecommenddenialoftheotherassociatedprojectcomponents.

PROJECTREQUESTS:

TheApplicant’soriginalrequestsoughtPlanningCommissionandCityCouncilapprovalofthefollowingfourrequests(SpecialUsePermit,DevelopmentAgreement,SpecificPlanAmendment,MitigatedNegativeDeclaration(MND22-02)):
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1.SpecialUsePermitTheelectronicbillboardwouldincludeadigitaldisplayofadvertisementsofvariousbusinesses,activities,servicesorproducts.Theproposedbillboardwouldbesupportedbyapolethatrangesindiameterfromapproximately7feetto3feet.Thepolewouldextendapproximately45.5feetaboveground.Theportionofthepoleabovegroundwouldbepaintedprimarilygrayexceptfortheupper10.5feetthatwouldbepaintedblack.Thetopofthebillboardwouldbe60feetinheightabovethegroundandthedimensionsoftheelectronicbillboardsignwouldbe14.5feetinheightand48.5feetinwidth.TheexistinggroundlevelisatapproximatelythesameelevationasthetravellanesalongU.S.101andRiverParkBoulevard.Theelectronicbillboardwouldhaveatwo-sidedlight-emittingdiode(LED)digitaldisplaythatwouldhavedimensionsof14feetinheightand48feetinwidth.

Lightinglevelsonthedigitalsignwillnotexceed0.3footcandlesaboveambientlightfromadistanceof250feet,asmeasuredaccordingtostandardsoftheOutdoorAdvertisingAssociationofAmerica.Brightnessshallnotexceed300nitere(nits)orcandelapersquaremeterfromsunsettosunrise.Atallothertimes,brightnesswillnotexceed7,500nits.Illuminationshallbedirectedsuchthatminimallightspillwilloccuroneithersideorthetoporbottomofthesignface.Alightsensorwillbeinstalledwiththesigntomeasureambientlightlevelsandadjustlightintensityandbrightnessbasedonambientconditions.Forreference,basedonastudyofexistinglightinglevelsalongRiverparkBoulevard,theaverageilluminationis 3foot-candlesduetoexistingstreetlightsandothernearbylightingfixtures.Adjacenttotheexistingstreetlightthelightinglevelisapproximately5foot-candles.Theelectronicsignwillnotdisplayanymoving,flashing,scrolling,fading,brighteningoranimatedtextorvideo.Thesignagewillbecontrolledremotelyandincluderemotemaintenancesoftware.LEDlightinghasadirectionalnature,focusedtowardthefreeway.Louverswillbelocatedaboveeachrowoflightstopreventlightfromprojectingupwardintothesky.Asdesigned,thebillboardcomplieswiththestaffrecommendedordinanceandtheStatelawsestablishedbytheCaliforniaDepartmentofTransportation(Caltrans),whichistheagencyresponsibleforregulatingfreewaysafety.

EightexistingeucalyptuslocatedonthenorthsideofU.S.101areproposedtoberemoved,whichwouldrequireCaltransapprovalbecausethetreesarelocatedwithintheU.S.101right-of-way.Inaddition,theProjectincludesremovalofalldeadwoodlocatedinthevicinityoftheexistingeucalyptustrees.TheProjectincludestheplacementofsmallmulti-trunkaccenttreeswithamaximumheightof15feetalongwithlowgroundcoverandshrubs.

2.DevelopmentAgreementTheproposedDevelopmentAgreementwillallowfortheuseofCitypropertyforthepurposeofaFreewayAdjacentDigitalDisplayBillboard.Theagreementalsooutlinestherequiredpublicbenefitstobeprovidedbythefuturedevelopment,includingfiscalbenefitstotheCity,suchasrevenuesharing.Asproposed,theseinclude:
●Term-Thirty(30)years.●MonetaryPayment-TheApplicantshallpaytotheCity30percentoftheAnnualNetRevenue,withaminimumguaranteeof$150,00peryear(approximately$4.5M-$8.4Moverthetermoftheagreement).●CityUsageoftheBillboard-TotheextentthatcommercialadvertisingtimeontheBillboardisunsoldandavailable,Cityshallhavetherighttouse12.5%outofthetotalinventoryof16spots(8spotsperface)or2totalspotsfortheBillboard.●EmergencyNotifications- OutfrontshallmaketheBillboardavailabletoCaltransandtheCaliforniaHighwayPatrolforpurposesof“AmberAlerts”andforemergencyordisasternotificationsbylocal,stateorfederalagencies.●DiscountforOxnardAutoDealersandOxnardChamberofCommerceMembers-OxnardAutoDealersandmembersoftheOxnardChamberofCommerceshallreceiveatenpercent(10%)discountfromtheratestoadvertiseontheBillboard.●Prohibitions-Anymessagethat:isinherentlyfalse,misleading,orlibelous(i.e.,speechthatisincapableofbeingpresentedinamannerthatisnotmisleading);promotesthesaleoruseoffirearmsortobaccoproducts,whetherdirectlyorindirectly;promotesadultentertainment,products,conventions,events,orwebsites;contains“obscenematter,”asthattermisdefinedinlocal,Californiaorfederallaw.

3.SpecificPlanAmendmentTheproposedProjectrequiresanamendmenttotheRiverParkSpecificPlantoaddFreewayAdjacentDigitalDisplayBillboardswithintheCommercialMasterPlanoftheRiverParkSpecificPlan.ThespecificrevisionstotheSpecificPlantextidentifyminimumandmaximumlotdimensionsaswellassizeandspacingofthebillboards.Theserevisionsare consistentwiththestaffrecommendedFreewayAdjacentDigitalDisplayBillboardsOrdinancethatisrequiredtobe 273
approvedpriortoapprovaloftheproposedProject.

4.EnvironmentalDeterminationPursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)Section15060,theCityofOxnardastheLeadAgency,preparedaMitigatedNegativeDeclaration(MND)inaccordancewithCEQAandtheCEQAGuidelines.TheMNDidentifiedanddiscussedpotentialimpacts,mitigationmeasures,monitoringrequirements,andresidualimpactsforidentifiedsubjectareas.TheMNDfoundthattheimplementationoftheproposedProjectwouldresultinpotentiallysignificantimpactsassociatedwithbiologicalresources,culturalresources,andnoiseonwildlifespecies.Mitigationmeasureshavebeenrequiredtoreduceeachpotentiallysignificantimpacttolessthansignificant.ThemitigationmeasuresthathavebeenrequiredwithintheMNDwouldreducepotentialsignificantimpacts.Thesemeasuresinclude(BIO-1)conductingapre-constructionsurveyforactivebirdnests,and(CUL-1andCUL-2)monitoringandcollecting,ifnecessary,anydiscoveredarchaeologicalandpaleontologicalresources..Aftertheimplementationoftherequiredmitigationmeasures,thepotentialsignificantimpactswouldbereducedtolessthansignificant.Noremainingsignificantimpactswouldoccur.WithrespecttoAesthetics,althoughlessthansignificantlightingimpactswouldoccur,theMNDincludesmitigationmeasuresthatarerecommendedtofurtherreduceimpacts.Thesemeasuresinclude:(AES-1andAES-2)allowingforremoteshutoffintheeventofmalfunctionandconductingilluminationlevelverificationtests.

Withtheinclusionofthemitigationsfortheareasnotedabove,theProjectwillnothaveasignificanteffectontheenvironment.Therefore,aMitigatedNegativeDeclaration(MND)waspreparedwithmitigationmeasuresandamonitoringprograminaccordancewiththeprovisionsofCEQA.

KEYPROJECTCONCERN
LightingandVisualImpactsonResidentialPropertiesConcernswereraisedbyCommissionersandmembersofthepublicregardinglightingimpactsonresidentialproperties.Specifically,commentsweremadeaboutimpactstotheresidentialdevelopmentstothenorthoftheProjectsiteandwithintheCountyofVentura’sElRioneighborhood.Theproposedbillboardisapproximately130feetsouthoftheadjacentresidentialareasand1,700feetfromtheclosestresidentiallyzonedpropertywithintheElRiocommunity.AsitrelatestotheCountyofVentura’sElRioneighborhood,theprojectisnotonly1,700feetawayfromtheresidentialareas,itisseparatedbyavarietyofCommercialandOfficedevelopments,whichcontainmultipletwotofourstorybuildings,aswellasthefreewayovercrossing.Giventherelativelyflattopographyandinterveningdevelopments,theviewoftheproposedBillboardwouldbeverylimited,ifvisibleatall.ThisisindicatedbytheinabilitytoseetheexistingtreesontheprojectsiteortheexistingEsplanadesign,whichthoughfurtherfromtheElRioNeighborhoodisapproximately15feettallerthantheproposedbillboard.

Also,whilethebillboardwouldbevisiblefromresidentialareasintheCity,CityStaffandtheCity’sCEQAconsultantanalyzedlightingimpactonanyresidentialproperties,whichwouldincludeanyresidentiallyzonedpropertybothintheCityofOxnardandtheCountyofVentura.TheMNDfoundthat,subjecttotheproposedOrdinanceandrequiredmitigationmeasures,therewouldnotbeasignificantlightingimpactbasedontherecommendationsfromtheInternationalCommissiononIlluminance. PursuanttotheproposedOrdinanceandMitigationMeasures,themaximumallowableincreaseinilluminationatanyresidentiallyzonedpropertywouldbe0.5footcandles.AsitespecificlightingstudywaspreparedfortheProjecttoanalyzetheProject'simpactsonadjacentresidential.Whileunlikely,thestudyassumestheworstcasescenarioofanallwhitesigntodeterminethegreatestlightingimpact.Asthesesignsareorientedtowardsthefreewayandincludedirectionallyorientedlouverstodirectthelighting,thelightingprojectedtowardanyresidentialpropertieswouldbelimited.Perthelightingstudy,themaximumilluminationinthedirectionofthenearestresidentialzonedpropertyis0.2footcandlesatapproximately100feet.ThisissignificantlybelowtheCityadoptedlightingrequirements,whichrequireprojectsbeilluminatedtoalevelof1-7footcandlesthroughoutaproject.Therefore,anyadditionallightinggeneratedbythebillboardwouldbenegligible.

Asitrelatestovisualimpacts,theproposedbillboardiswithintheU.S.Highway101corridor,whichisgenerallycharacterizedbyurbanorhighdensitydevelopment,aswellasothersimilarlargescalesignagesuchastheexistingauto 274
center,collection,andesplanadesigns.Inadditiontothesesignstherearenumerouslargerilluminatedfreewaysigns,includingelectronicones,alongthecorridor.Theproposedbillboardwouldbeconsistentwiththeoverallnatureofthecorridor.Lastly,theproposed100footsetbackisconsistentwiththeCitypreviousapprovaloftheCollectionelectronicsignwhichisapproximately110feetawayfromresidentiallyzonedproperty.

ThisagendaitemsupportstheInfrastructureandNaturalResourcesstrategy.ThepurposeoftheInfrastructureandNaturalResourcesstrategyistopreserveandimproveourroads,utilities,parks,trees,watersupplyandnaturalresourcesthrougheffectiveplanning,prioritization,andanequitableandefficientuseofavailablefunding.

COMMITTEEOUTCOME
ThisisaPublicHearingandwasreviewedbytheCommission,thereforethisitemdidnotoriginateinCommittee.

DuringtheCommission’spublichearingonJanuary19,2023,Commissionersaskedaseriesofquestionsasaresultofstaff’sandtheApplicantteam’spresentations.OnepubliccommentwasreceivedpriortothemeetingandoneverbalcommentwasprovidedduringthepubliccommentperiodontheProject.Thequestionsandcommentsweregenerallyinregardstotheimpactsonviewsandlighting.FollowingCommissiondeliberation,amotionofIntenttoDenytheProjectastheycouldnotmakealloftheFindingsrequiredtosupporttheProject.TheJanuary19,2023PlanningCommissionmeetingcanbeviewedonlineatthefollowinglink:https://www.youtube.com/watch?v=DIS7Q-hYfgg.

OnFebruary2,2023,allsixmembersofthePlanningCommissionwerepresent.TheCommissionerswhowerenotpresentonJanuary19,2023confirmedtheyreviewedthestaffmaterialsandwatchedthevideooftheCommission’sJanuary19meeting.OneoftheCommissionerswhowaspreviouslypresentonJanuary19th,wasabsentonFebruary2nd.OnFebruary2,2023,theCommissionvoted6-0(withonecommissionerabsent),toadoptaresolutiondenyingtheSpecialUsePermitandrecommendingdenialoftheSpecificPlanAmendmentandDevelopmentAgreementtotheCityCouncil.WhileasnotedabovetheCommissionwasrequiredtodenytheprojectbasedupontherecommendedchangestotheordinance,theCommissiondidraiseconcernabouttheProject’sproximitytotheresidentialarea,duetothepotentiallightingandvisualimpacts.

Preparedby: JoePearsonII,AICP,Planning&EnvironmentalServicesManager

ATTACHMENTS

1. PlanningCommissionStaffMaterialsdated1_19_2023and2_2_20232. FinalIS-MND22-023. DraftCityCouncilResolutionAdoptingMitigatedNegativeDeclaration(MND)22-024. DraftOrdinanceApprovingPZPermitNo.20-630-02(SpecificPlanAmendment)5. DraftOrdinanceApprovingPZPermitNo.20-670-06(DevelopmentAgreement)6. DraftResolutionApprovingtheAppealandoverturningthePlanningCommission’sDenialofPlanningandZoningPermitNo.20-500-077. RiverparkBoulevardElectronicBillboardProjectCCPresentation 275

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.1

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Public Hearing on Proposed Water Rate Increases and Introduction of an Ordinance Establishing New Water Rates, Fees and Charges. (120 minutes)

RECOMMENDATION

That City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of an ordinance establishing water system user rates, fees and charges; and

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

BACKGROUND

The City of Oxnard’s Water Division serves residential, commercial, industrial, institutional and agricultural customers.

As the largest city in Ventura County, the City’s water utility serves potable water to more than 43,000 service connections. Approximately 85% of those services are single and multi-family residential.

The Water Division is responsible for operating and maintaining water facilities for production, treatment, blending, along with a distribution system with customer meters to deliver potable water across the City. Approximately 30-40% of the water supply is imported water purchased from the Calleguas Municipal Water District (CMWD), which they receive from the Metropolitan Water District of Southern California.

Approximately 30-40% of the water supply is regional groundwater purchased from the United Water Conservation District (UWCD). The remaining water, 20-30% of the water supply, is local groundwater drawn from the City’s wells.

The City has groundwater rights through the Fox Canyon Groundwater Management Agency. A portion of the groundwater is treated by reverse osmosis, blended and disinfected before entering the City distribution system. Lastly, the City has an Advanced Water Purification Facility (AWPF) that produces recycled water. The recycled water is currently sold to agricultural and industrial customers while the construction of the infrastructure, testing, and necessary regulatory approval is completed for using the recycled water to supplement the City’s water supply.

The City’s water system includes: ten groundwater wells, five connections from the United Water Conservation District, five connections from the Calleguas Municipal Water District, one reverse osmosis treatment plant, six blending stations, more than 500 miles of transmission and distribution pipelines, approximately 43,000 meters and appurtenances, and a network of remote pressure monitoring stations.
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As a separate Enterprise Fund, the Water Utility relies mainly on revenues paid through customer water and recycled water rates to fund daily operations and maintenance, repairs, capital improvements to renew and replace aging infrastructure, cover debt service payments, and appropriate reserves. The Oxnard community owns its water system and its financial health is an important responsibility shared between our customers, community leaders, and staff. Providing a safe and reliable water supply for public health and safety is the utmost priority.

In July of 2017, the City’s Public Works Department completed its last rate study. The results of the rate study indicated that the City needed to increase water rates, which are implemented by ordinance. On September 1, 2017, the City raised its water rates 14% and had a pass-through adjustment that took effect on January 1, 2018. As a result of the removal of the Infrastructure Use Fee in the water rates, the City reduced water rates by 3.4% on September 1, 2021.

In August 2022, the City authorized Raftelis to perform a water cost of service analysis and rate study to develop the cost of service-based water rates. Raftelis is recognized as a leading rate consultant in California and works with utilities to design water rates to achieve financial balance and maintain financial sustainability. The water rates report was taken to the City Council on April 4, 2023 and a copy of that report is available on the City's website at https://www.oxnard.org/city-department-public-works-water-oxnard-water-costs/.

DISCUSSION

Proposed Rate Change - Overview
The City’s previous water cost of service analysis was last completed in 2017. Costs for goods and services have increased since that year and continue to do so while the water utility rates have remained unchanged. This has led to a reduction in revenue recovery used for infrastructure improvements while also negatively impacting the water utilities’ Debt Coverage Ratio, which affects the ability to secure loans for high capital expenditures at low-interest rates. To provide revenue that will meet the Debt Coverage Ratio, sustain critical operations and maintenance, and fund capital expenditures, an increase in water rates is recommended.

In August 2022, Raftelis began work on the cost of service rate study to develop a financial plan for the City’s water utility that includes a five-year rate model. The results of Raftelis’s analysis showed the funding deficit that will be created if new rates are not implemented. With the increasing costs that have occurred since 2017, a rate adjustment is required to ensure full cost recovery of projected annual operating expenses, capital costs, and other factors including water demands.

Updating the water rates to keep up with the rising costs of providing safe and high-quality drinking water is a key component of maintaining the financial viability of the water funds, including maintaining healthy fund balances/reserves for emergencies and applicable bond covenants, and debt coverage ratios for bond covenants, and strong credit ratings.

Financial Challenges
It is standard practice and good fiscal stewardship to review utility rates on a cyclical basis, usually every five years. The last time the City implemented a rate increase was five years ago in the fiscal year 2017-2018. Rates were increased by 14 % followed by a 1.9% pass-through. Since then, the COVID pandemic hit and created worldwide shortages of goods and services. These shortages have affected the City’s utilities by increasing costs for materials, equipment and chemicals as well as supply chain issues.

Of significant importance is that the cost to operate and maintain a water system is not immune to inflation. In fact, the Bureau of Labor Statistics provides some insight into the extraordinary influence of disproportionate inflation of water rates since 2009. The graph below depicts the wide spread between the Consumer Price Index (CPI) between water and wastewater (sewer) rates and other areas like the price of food. Also, Table 1 below provides a cost comparison of products from the last time there was a water rate cost of service analysis (2017) to calendar year 2022. As shown, there are significant increases in the cost of products and materials, some of which have a direct impact on the cost to operate and maintain the City’s water system.

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Graph 1. Consumer Price Index Comparison

Table 1. Sample Product Price Comparison from 2017 to 2022

Product Item 2017 Average Cost 2022 Average Cost Increase Gallon of gasoline $2.35 $3.36 43 %
Gallon of milk $3.31 $4.21 27 %
Dozen eggs $1.60 $4.25 165 %
Ford F-150 Truck
(base trim)
$27,600 $33,695 22 %
Electricity (per kWh) $0.120 $0.146 22 %
Natural Gas (per therm) $1.00 1.66 66 %
Acre Foot of Imported
Water (variable rate)
$1,300 $1,561 20%
Acre Foot of
Groundwater from United
(variable rate)
$522.50 $560.16 7%

A primary factor that has influenced the significant difference in Water rates versus other products/areas shown in Graph 1 above is the need for expensive infrastructure replacements. The majority of water facilities are very old and in need of repair and/or replacement. If these projects are not funded and conducted, the infrastructure will fail more frequently creating water losses, outages in service and adverse discharges of water into the environment.

Another significant challenge that Oxnard faces, like many other cities in California, is the effect from the extended drought. In recent years, the State of California has experienced intense periods of drought, resulting in mandatory water restrictions. Due to the recent drought, in April 2022, the Metropolitan Water District (MWD) of Southern California (regional State Water Project wholesaler) enacted its Water Shortage Emergency Condition and Emergency Water Conservation Program to preserve supplies. Metropolitan’s emergency order to reduce consumption required the City to choose one of two paths to be in compliance in order to continue receiving water supplies from the State Water 278
Project. The City chose the path that restricts outdoor watering to once a week.

The extended drought has affected both California’s Surface water and Groundwater supplies. As a result of these limited water supplies, the City may have to implement drought rates to be able to meet mandated water restrictions and related monetary increases (i.e. penalty rates from MWD) to meet the level of restriction at some point in the future. If we didn’t receive the rain in 2023, we would have very strict conservation mandates now.

The drought challenge facing the City of Oxnard’s water utility is the continual reduction of available water supplies. The City must prepare for volatile drought cycles and the need to conserve water supplies. To ensure financial stability, the City will need to consistently analyze water rates to balance revenues and expenses for better overall resource management and financial planning. As such, staff included a drought rate structure as part of the rate analysis. 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 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.

Operational and Functional Costs
Purchased water costs constitute between 40-50% of the entire water utility budget. Other significant operating expenditures include electricity to produce, treat and distribute water, certified staff to operate, maintain, and repair the water utility system (including professional services), chemicals, supplies and equipment, information and monitoring systems, water quality testing, and other costs associated with utility administration and finance. Below are the main groups of operational and functional costs:

1. Purchase costs of various water supplies

2. Important operation and maintenance expenses

3. Capital Improvement Program (CIP) projects and costs

4. Debt service payments on bonds issued for system improvements

5. Water monitoring, testing, and compliance

6. Operating reserves

Aging infrastructure, rising costs of water acquisition, inflation on operating supply costs, supply chain restrictions, availability of certified technical staff, tightening local groundwater and purchased surface water supplies, and increasing regulations are some of the biggest challenges facing the water division today.

Operational Efficiency Efforts
A responsibility that staff is keenly aware of is being stewards of our customers' funds. The City has made and will continue to make investments in the water utility system to ensure the delivery of safe and reliable drinking water supply for generations to come at the lowest possible cost. In order to ensure future success, the City must be prepared to continue investing in the water system to maintain reliability, meet State and Federal regulatory standards, and obtain the necessary infrastructure and permitting for use of our recycled water. All of this is considered with an eye toward addressing the water supply availability challenges from climate change, reduced imported surface water and local groundwater. Some of the efforts conducted to keep costs down include:

a. Conduct annual Water Loss audits
b. Apply for Grants to reduce high capital costs
c. Review Budget vs. Expenses on a quarterly basis
d. Closely monitor water allocations to avoid incurring expensive penalties e. Use lowest qualified bid to obtain the lowest cost for materials and services f. Replace old inaccurate meters to ensure accurate water measurements g. Work with SCE for utilizing the lowest available electricity rates

Additionally, a major focus of staff is to ensure our water acquisition costs are the lowest possible. This includes investing in and maintaining a groundwater production system. The ability to use the lowest-cost water to its fullest extent is paramount in keeping rates as low as possible. In Fiscal Year (FY) 2021-22, the City’s average cost of acquiring groundwater per acre-foot (combined from City wells and United) was $592 (excludes City operating costs). The average cost (both variable and fixed components) to acquire imported water from Calleguas in FY 2021-22 was $1,583/acre-foot. 279
As you can see, the difference is roughly $991 per acre-foot. The total water consumption for Oxnard customers in FY 2021-22 was 26,102 acre-feet. Of that amount, 15,382 acre-feet was from groundwater. As such, on average, the acquisition of groundwater versus the acquisition of imported water can save approximately $15.2 million ($991 x 15,382) per fiscal year.

Rate Study Goals
A Rate Study is defined as a financial planning process to review the viability of existing rates that considers many factors, such as conservation, affordability, or simplicity. A Rate Study establishes rates that promote and sustain a financially viable utility. As such, to provide guidance, staff in conjunction with our consultant (Raftelis), used goals that are universal to the development of water rates. These goals are important to consider when identifying rate-influencing items with variable options, such as a reserve fund balance target or CIP projects.

As part of the Input and Considerations section below, the six goals listed below were considered in developing the recommendations:

1. Cover Operations and Maintenance-(G1)

2. Cover Infrastructure Investment-(G2)

3. Legally Compliant-(G3)

4. Promote Financial Viability-(G4)

5. Community Values-(G5)

6. Provide Fairness and Equity-(G6)

Input and Considerations
The following factors listed below are key components of developing the Rate Study and influence the actual rates. The summary of these factors along with the recommendations, justification and associated goals are listed below:

Table 2. Factors, Recommendations, Justification and Associated Goals Factor Staff Recommendation Justification Goal(s)

1. Rate Study Period 5-year period
Industry standard; long range planning;
fairness of rates; ensures planned
operations and mitigates deferred
maintenance
G6

2. Pass-Through Charge
Include a pass-through for
purchased water as allowed by
California Government Code
53736
Avoids over or under estimating factors
outside the City’s control (e.g. cost of
Calleguas water)
G4, G5,
G6

3. Drought Rate Include drought rates in Prop
218 proceedings
Ensure financial stability during
emergencies
G1,G4,
G5,G6

4. Capital Improvement
Program (CIP) Medium-low
Allows for CIP projects at a rate within
existing resources; ensures long-term
water operations and access to
groundwater
G2, G4

5. Reserve Fund Balance
Target
Endeavor to maintain 25% (per
Resolution 15595)
Consistent with City Council Resolution;
provides funding source during
emergencies
G1, G4, G5

6. Debt Coverage Ratio Maintain a minimum ratio of

1.10; Bond Covenant
Requirement
Avoids negative impact to bond rating and
effects on interest rates
G4, G5

7. Water Delivery Costs Blended Consistent with water operations from multiple water sources
G3
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Water Rate History
The following table provides the City of Oxnard’s cumulative water rate adjustments and water pass-through adjustments for the previous ten fiscal years:

Table 3. Water Rate Adjustments FY 2012-13 Through FY 2021-22 Fiscal Year FY
12/13
FY
13/14
FY
14/15
FY
15/16
FY
16/17
FY
17/18
FY
18/19
FY
19/20
FY
20/21
FY 21/22
Approved water rate
adjustment

4.4% 0% 0% 0% 0% 14.0% 0% 0% 0% -3.4%*
Water pass-through
adjustment

1.4% 2.3% 0% 0% 7.0% 1.9% 0% 0% 0% 0%
*Reduction due to removal of Infrastructure-Use Fees (IUF)

The City implemented a rate increase five years ago in fiscal year 2017-2018. Rates were increased by 14 % in 2017 followed by a 1.9% pass-through increase in January 2018. In September 2021, the City reduced its water rates by 3.4% due to the removal of the Infrastructure Use Fees (IUF).

Recommendation for Water Rate Increases
The City’s primary financial goal for its utility enterprises is to ensure that revenues from rates and fees are adequate to fund daily operations and maintenance, capital improvement, debt service, and reserves. The funds generated by water utility rates are used to provide safe drinking water for City residents and businesses 24/7/365. This money funds operations, maintenance, repairs, debt payments, reserve levels, infrastructure costs, and capital improvement projects. Additionally, to maintain adequate water supply, services and reliability, the City must comply with strict environmental and water quality regulations plus other unfunded State mandates that increase the water utility’s operating costs.

Consequences of Not Raising Rates
Without an increase in rates, the water fund will not be able to meet bond coverage requirements and go into technical default. This situation would result in a credit downgrade and an increased cost for funding required maintenance projects. Without rate increases, the Water Enterprise will eventually operate at a loss and begin running in a deficit. This means that the City would not be able to replace failed water meters in a timely manner, which could further reduce revenues. Maintenance of pipeline corrosion protection systems, flushing of pipelines, and the exercising of valves would be delayed. Streets would be resurfaced without replacing old cast iron and asbestos cement water lines and would result in premature failures and damage to newly refurbished streets.

The graph below was generated by Raftelis’s financial model. It projects the financial deficit that would likely occur if the City does not adjust water rates over the next five years.

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Graph 2. Water Fund Coverages Without Rate Adjustment

Because of the projected deficit, City staff worked closely with Raftelis to develop a viable financial plan for the City’s water utility that includes a five-year rate model. City staff examined various options and reviewed the major factors outlined in the Input and Considerations section above.

Three different scenarios were created to show the sensitivity of the rate model, considering two key factors. The two key factors were the level of Capital Improvement Program (CIP) funding and Debt Coverage Ratio. The three scenarios included using a moderate-low CIP funding scenario and meeting the debt coverage ratio (scenario 1); using a moderate 50% CIP funding level each year and meeting the debt coverage ratio (scenario 2); and using an ultra-aggressive CIP funding level and meeting the debt coverage (scenario 3). Each of these three scenarios endeavored to reach an operating reserve fund balance of 25% per Resolution 15595. Due to the significant rate increases that would be required to implement scenarios 2 & 3, scenario #1 was recommended. For reference, the results of scenarios 2 and 3 are attached to this staff report.

The tier amounts used for the rate model are consistent with the current rate structure and not proposed to change for all classifications. Please refer to the attached current Water Rate sheet for the existing tiers for the various customer classes.

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Scenario 1. Moderate-Low CIP Funding and Meet Debt Coverage (Recommended Scenario) Table 4. Fixed Charges

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Table 5. Variable Charges

Note: Tier Breakpoints are listed in CF (One CCF is equal to 748 gallons of water).

Graph 3. Debt Coverage and Reserves Tables
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Drought Rates
During droughts, customers play their part in helping to conserve precious water supplies resulting in reduced consumption. There is a corresponding, but not equal, reduction in expenditures because less water has to be procured.

Ultimately, the reduced consumption impacts revenues, but the costs to operate the water system remain relatively constant. City Council can implement drought rates to ensure revenue covers remaining costs during severe drought cycles.

Please note the proposed drought rate values in the attached Ordinance are lower than what was published in the Prop 218 notice. The recommended drought rate values are listed in the cost of service (COS) study, presented in Table 6 below, and in the attached Ordinance. The approval of lower amounts is allowed and staff recommends the Council adopt the proposed lower values stated in the Ordinance. This will ensure that if a drought rate is used in the future, the completeness and integration of the COS study is maintained for the five-year period. The recommended drought rate percent increases using scenario 1 are listed below:

Table 6. Drought Rates

Bill Samples
The following table provides the estimated water bill amounts for a representative sample of an average single-family, multi-family, and commercial customer for the first year of the proposed rate change (July 2023) for the recommended scenario:

Table 11. Bill Impacts On Average Customer Use

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Financial Assistance Programs
The City of Oxnard’s Utility Rate Assistance Program “Project Assist” is available for solid waste, water and wastewater utility customers that qualify. This program was initially approved by City Council in May 2017 and has since been renewed annually. Project Assist grants financial relief equal to a monthly $15.00 maximum credit per utility bill charged to customers who meet the eligibility requirements. For FY 2022-23, staff requested to direct $145,000 from late penalty revenues to the Project Assist Program. The $145,000 allocation estimated that approximately 805 eligible utility customers could participate in the program for a full fiscal year.

In FY 2022-23, with the restoration of penalties, the amount was projected to be approximately $830,000. Through December 31, 2022, the current accumulation of late penalties is $238,735. There are 729 customers signed up for Project Assist in FY 2022-23. Should a water rate increase be approved as part of this current Rate Study process, consideration of adjusting the Project Assist amount is recommended assuming it can be supported by the penalties.

In addition to Project Assist, the California Low Income Household Water Assistance Program (LIHWAP) is also available for low-income Oxnard residents who are struggling financially to apply for financial assistance to pay for water and wastewater bills. LIHWAP will offer a one-time payment to help customers with their past due water or wastewater bills, up to a maximum of $2,000 per account. This program will help pay overdue bills which accrue during any time frame; in other words, there are no date restrictions on the bill relief period.

Outreach Information
Since November 2022, the City has coordinated a multi-faceted outreach campaign to raise awareness of the cost to operate the City’s water system. Meetings were held on Monday, December 12th, Saturday, January 7th, and Monday, January 23rd to discuss the cost to operate the City’s water system and seek public feedback. After distributing a bilingual press release on November 29th, the meeting details were published in VC Reporter on December 8th and in the VIDA newspaper on December 15th.

The City also ran English and Spanish social media ads on Facebook and Instagram; mailed approx. 40,000 bilingual utility bill inserts to customers in the December billing cycle; and published a bilingual print ad in VIDA newspaper on December 29th.

The City supplemented its paid outreach by including flyers in the neighborhood councils’ weekly packets and regularly posting on Nextdoor, Twitter, Facebook, and Instagram. The City also shared the Water Division’s Water 101 videos in English and Spanish and created a YouTube playlist covering topics from the first community meeting to share with the community.

Through the City’s investment in paid social media posts, the City was able to reach more than 32,800 Oxnard community members with information about meetings and nearly 300 people clicked on the link in the post to learn more.

As of April 13th, organic views of the YouTube “Water Costs Question & Answer” clips total nearly 600. 286

On March 16th, the City issued a news release containing information on the proposed rate adjustment for water services, completion of the Water Rate Study, Proposition 218 Notices and the Public Hearing scheduled for May 2nd. This also contained information on how the public could obtain more information, participate to express their opinion and how to file a formal protest.

Requirements for Prop 218 and Timeline
Proposition 218 has very strict rules that govern the revenue of the water utility. Specifically:

a. An agency cannot collect revenue beyond what is necessary to provide service. b. Revenues derived by the charge shall not be used for any other purpose other than that for which the charge was imposed.
c. The amount of the fee may not exceed the proportional cost of service for the parcel. d. No charge may be imposed for a service unless that service is actually used or immediately available to the owner of the property.
e. A written notice of the proposed change shall be mailed to the record owner of each parcel at least 45 days prior to the public hearing when the agency considers all written protests against the charge.

In 2015, the City adopted Resolution Number 14,877 which outlines the procedures for establishing and increasing fees and charges under Proposition 218 (Resolution 14,877 is attached for reference). The proceedings for the proposed water rate increase are consistent with the requirements outlined in this Resolution.

In accordance with Proposition 218 and City Resolution 14,877, the City mailed Proposition 218 notices to both parcel owners and water service account holders. Attached are the proofs of service from the post office for the mailing of the Proposition 218 notices. Attached is a copy of the Proposition 218 notice. Should the number of written protests received before the close of the Public Hearing on May 2, 2023, be 21,930 or higher, the rate proceedings shall not continue and the City Council is prohibited from increasing water rates. Should written protests received be less than 21,930, the proceedings may continue for the Council’s consideration of a rate increase.

CEQA Exemption
The California Environmental Quality Act (CEQA) does not apply to the water rate ordinance because the ordinance establishes, modifies, structures and/or restructures the City's rates and other charges for water use and related services.

Public Resource Code section 21080(b)(8) in conjunction with Title 14, Chapter 3 of the California Code of Regulations section 15273, exempts water rate modifications when the establishment and modification of rates are for the following purposes: (1) meeting the water utility's operating expenses, including employee wages and fringe benefits; (2) Purchasing or leasing supplies, equipment, and materials; (3) meeting the Water Fund's financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain water service within the existing service areas. The proposed water rate increases and adoption of a water rate ordinance is covered by the general rule that CEQA applies only to projects that will have a significant effect on the environment. There is no possibility that the proposed water rate increases and passage of the water rate ordinance will have a significant effect on the environment and adoption of this ordinance is exempt from CEQA. (Public Resource Code section 21083).

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Requesting a water rate increase is taking the necessary steps to improve the water system’s financial performance and reduce the possibility of future bond rating downgrades. Bond rating downgrades indicate a risk the City may not be able to repay its debts and result in higher interest rates. In order to strengthen the water system’s financial standing, rates must be increased. As noted above, to provide revenue that will meet the debt coverage ratio, sustain critical operations and maintenance, and fund capital expenditures, a corresponding rate adjustment is recommended. Absent an increase in 287
rates, significant decreases to the water operations, deferring of maintenance items, and ceasing critical capital projects will need to be considered.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Water-Rates-Ordinance July 1 2023

2. Prop 218 Notice USPS Proof of Service

3. Color Prop 218 Notice Proof

4. Resolution No. 14,877 (Prop 218)

5. Water Rate Scenarios 2 and 3

6. Presentation

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD TO

ESTABLISH WATER RATE AND FEE INCREASES FOR CUSTOMER

USE AND SERVICE FROM THE CITY WATER SERVICE
WHEREAS, Section 22-60 of the Oxnard City Code requires that the City Council establish by ordinance the rates charged for all water supplied by the City; and WHEREAS, Section 22-60 of the Oxnard City Code provides that the rates charged for water supplied by the City shall be increased by the same percentage that the rates paid by the City to its water supply wholesalers increase; and
WHEREAS, the Water Division of the Public Works Department operates as a self- supporting enterprise fund (Water Fund) that depends upon revenues derived from the sale of water to City customers; and
WHEREAS, on the 18th of July, 2017, the City Council adopted City Ordinance Number 2921, establishing the current rates and charges applicable to City water customers; and WHEREAS, the City's Public Works Department completed a Cost of Service Study, dated March 2023 (Rate Study). The Rate Study assesses the water utility's operation, maintenance, repair, replacement, and capital improvement program budgets and requirements, through a cost of service analysis and report, which collectively are incorporated into the recommended rates provided in this ordinance, so that the proportional cost of providing water service to the City's customers are allocated appropriately and in conformity with all applicable legal requirements. The Cost of Service Study and all the studies, plans and documents relied upon and incorporated in the Rate Study provide the basis for the rates and charges set forth herein; and
WHEREAS, this ordinance includes provisions for adjustment of rates based on revenue needs, inflation, changes in wholesale water costs and mandatory water shortage conditions; and WHEREAS The proposed rates displayed as effective beginning July 1, 2023, show the authorized rates applicable July 1, 2023; and
WHEREAS, Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines provide that CEQA does not apply to the establishment or modification of public agency rates and other charges which the public agency finds are intended for certain purposes.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD
DOES HEREBY FIND AS FOLLOWS:

1. CEQA does not apply to this ordinance because this ordinance establishes, modifies, structures and restructures the City's rates and other charges for the following purposes:
a. Meeting the water utility's operating expenses, including employee wages and fringe benefits;
b. Purchasing or leasing supplies, equipment, and materials; c. Meeting the Water Fund's financial reserve needs and requirements; and d. Obtaining funds for capital projects necessary to maintain water service within the existing service areas.

2. The basis for the foregoing claim of exemption is found in the Rate Study.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance.

Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Part 3 through 6 of this Ordinance to Chapter 22, Article III as set forth below.

Part 3. Section 22-60 ("Water Rates") of the Oxnard City Code is hereby amended in its entirety to read as follows:

SEC. 22-60. WATER RATES.
(A) The rates charged for all water supplied by the city shall be established by ordinance of the city council. Each customer receiving water service is liable for payment for such service at the scheduled rates so established.
(B) Pursuant to Cal. Gov’t Code, Section 53756, the City may adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water and adjustments for inflation, for a period of 5 years. The amount of automatic adjustments (Pass-Through Charges) to account for changes in wholesale water costs will be based directly on the incremental difference in costs that the City will incur from every third party water supplier (including but not limited to United Water Conservation District and Calleguas Municipal Water District) as a result of increases or decreases in the amount such water suppliers charge the City. Any such adjustments will only be made if the increases or decreases are not already reflected in the schedule of charges then in effect. The pass-through cost applies only to the volumetric usage charge component of the water used and will be assessed on all volumetric 290
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use in hundred cubic feet (“HCF”) used by a customer. A notice of at least thirty (30) days will be provided to customers before any such adjustment will take effect.

The automatic Pass-Through Charge is calculated as follows:

Pass through rate ($/HCF) = (Proposed FY Water Purchase Costs - FY 2022-2023 Water Purchase Costs) / (Calendar Year Water Use)
(C) Annual Revenue Adjustment
Revenue adjustments are not the same as rate increases. The revenue adjustments in the table below depict the overall total increase in rates revenue and correlate to the yearly rate increases found in the Rates and Charges in Sections 22-61, subparagraphs (A) though (G), and (I) through (K); and 22-62, subparagraphs (A) through (C).

Revenue Adjustments
July 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027

9.5% 9.5% 5.0% 5.0% 5.0% (D) When the city council declares the existence of a water shortage condition pursuant to section 22-154 of the city code, the water rates and charges provided in sections 22-61 through 22-66 of the city code that are based on water use shall be adjusted to reflect the level of severity and corresponding mandatory water conservation percentage reflected in the water shortage condition declaration. For example, if the council declares a Stage 2 water shortage condition with a mandatory water use reduction goal of 20% then the rates provided in sections 22-61 through 22-66 of the city code that are based on water use shall be concurrently adjusted upward by a Drought Rate Calculation Percentage, which is 9.4% for a 20% reduction. This drought rate adjustment may be initiated by Resolution of the City Council after a declaration of water shortage condition. The drought rate adjustment shall terminate as of the date of the termination of that water shortage condition declaration.
(1) The Drought Rate Adjustments, based on the Stage of the Water Shortage Condition are as follows:

Stage 1 Up to 10% = 3.9% Increase
Stage 2 Up to 20% = 9.4% Increase
Stage 3 Up to 30% = 15.4% Increase
Stage 4 Up to 40% = 26.2% Increase
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Stage 5 Up to 50% = 35.3% Increase
Stage 6 Up to 60% = 58.7% Increase
Part 4. Section 22-61 of the Oxnard City Code is hereby renamed "Monthly Water Usage Rates, Fees and Charges" and is hereby amended in its entirety to read as follows:

SEC. 22-61. MONTHLY WATER USAGE RATES, FEES AND CHARGES.

The following rates, fees, and charges for water usage and services relating to the water system of the city are established and effective during the dates indicated, as follows:
(A) Monthly Rates for Single-Family Residential Water Use:

Tier Usage in
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 9 $4.43 $4.85 $5.09 $5.35 $5.62
2 >9 to 15 $4.59 $5.03 $5.28 $5.54 $5.82
3 >15 $4.85 $5.31 $5.58 $5.86 $6.15
(B) Monthly Rates For Multi-Family Residential Water Use (per dwelling):

Tier Usage in HCF
(Per Dwelling
Unit)
Effective
July 1, 2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 8 $4.42 $4.84 $5.08 $5.34 $5.60
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2 >8 $4.58 $5.02 $5.27 $5.53 $5.81
(C) Monthly Rates for Commercial Water Use:
2” Meters and Below
Tier Usage in
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 62 $4.47 $4.89 $5.14 $5.40 $5.67
2 > 62 $4.53 $4.96 $5.21 $5.47 $5.74

3” Meters and Above (Uniform Rate)
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
$4.77 $5.22 $5.48 $5.76 $6.05
(D) Monthly Rates for Industrial/City Water Use:
2" Meters and Below
Tier Usage in
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 24 $4.53 $4.96 $5.21 $5.47 $5.74
2 >24 $4.75 $5.20 $5.46 $5.73 $6.02
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3" Meters and Above (Industrial Uniform Rate)
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
$4.89 $5.35 $5.62 $5.90 $6.20
3" Meters and Above (City Uniform Rate)
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
$4.70 $5.15 $5.40 $5.67 $5.96
(E) Monthly Rates for Irrigation:
2" Meters and Below
Tier Usage in
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 24 $4.47 $4.89 $5.14 $5.40 $5.67
2 >24 $4.69 $5.14 $5.39 $5.66 $5.95
3" Meters and Above (Uniform Rate)
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
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$4.76 $5.21 $5.47 $5.75 $6.03

(F) Monthly Rates for Commercial, Industrial, and Irrigation Use of Recycled Water in Lieu of Potable:

Tier Usage in
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 Uniform
Rate
$3.60 $3.94 $4.14 $4.35 $4.57
(G) Monthly Rates for Oceanview Commercial
Tier Usage In
HCF
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 0 to 9 $4.87 $5.33 $5.60 $5.88 $6.17
2 9 to 15 $5.04 $5.52 $5.79 $6.08 $6.39
3 >15 $4.84 $5.30 $5.56 $5.84 $6.14
(H) Monthly Rates For Oceanview Agricultural Irrigation, which will be adjusted yearly for cost of service increases to customers over 3” pursuant to the requirements in uncodified ordinance number 2752, section 4(b).

Usage in HCF Effective September 1, 2017
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Uniform Volumetric Rate per HCF $1.19
(I) Monthly Rates for Metered Construction:

Tier All Usage Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 Uniform
Rate
$4.89 $5.35 $5.62 $5.90 $6.20
(J) Monthly Rates for Proctor & Gamble
Tier All Usage Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
1 Uniform
Rate
$4.18 $4.57 $4.80 $5.04 $5.29
(K) Monthly Rates for Recycled Water by Customer Class Customer
Class
Effective
July 1, 2023
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027
Irrigation
(Golf Course)
$3.60 $3.94 $4.14 $4.35 $4.57
Commercial/
Industrial
$3.60 $3.94 $4.14 $4.35 $4.57
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Oxnard City CouncilMay 2, 2023

Oxnard City Council
May 2, 2023