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 16, 2023
Closed Session - 5:00 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 826 9743 2973
3. Passcode: 110480
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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 2
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.
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.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
C. CLOSED SESSION (5:00 PM)
1. Legislative Body: City Council
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
Robert Summers v. City of Oxnard, Ventura County Superior Court Case No. 56-2021-00555547-
CU-MC-VTA
D. APPOINTMENT ITEMS (5:30 PM)
1. SUBJECT: Presentation by the Youth Coalition of Oxnard on Community Gardens as a Way to Alleviate Food Insecurity.
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Week of May 21 - 27, 2023 as "Public Works Week."
2. SUBJECT: Presentation of a Proclamation Designating May 29, 2023 as "Memorial Day."
G. 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 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 3
had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
H. 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.
I. 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.
J. 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.
K. 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.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the April 4, 2023 and April 13, 2023 regular meetings as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Public Works Department
SUBJECT: Construction Agreement 32300311 with Pacific Builders & Roofing, Inc. dba WSP Roofing for Wilson Senior Center Roof Replacement Project, Specification No. PW 23-33.
RECOMMENDATION:
That the City Council approve and authorize the following for a total of $711,750.78 in Project funds for the Wilson Senior Center Roof Replacement Project (Project No. C2042/MO5516):
1. Execute an Agreement with Pacific Builders & Roofing, Inc. dba WSP Roofing in the amount of $547,500.60 for the Project;
2. A Project contingency amount of $109,500.12 (20%) with Pacific Builders & Roofing, Inc. dba WSP Roofing for a total not to exceed value of $657,000.72 for the Project;
3. A Project allocation amount of $54,750.06 for engineering, inspection, survey and project management for the Project; and
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 4
4. A project budget appropriation transfer in the amount of $342,000 in the General Fund Capital Outlay Fund (301) from the Roof Replacement-Various Facilities Project (Project No.
C2306/235702) to the Wilson Senior Center Roof Replacement Project (Project No.
C2042/MO5516).
(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15301(c).)
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. Housing Department
SUBJECT: Investment Policy and Portfolio Guidelines for the Housing Authority of the City of Oxnard.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard adopt a resolution adopting an investment policy and portfolio guidelines for the Housing Authority of the City of Oxnard for FY 2023-2024.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on April 25, 2023 to approve the staff recommendation and to forward the item for Council approval.) Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
4. Public Works Department
SUBJECT: Trade Services Agreement 32400001 with Quinn Company, for Preventative Maintenance and On-Call Repairs for Portable Generators & Heavy Equipment. Specification No.
PW 23-66.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company for an amount not to exceed $840,000 for a three-year term for the maintenance of portable generators and heavy equipment.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Second Amendment to Agreement No. 9315-21-PW with Econolite Systems Incorporated for Traffic Signal Preventive, Emergency, and Non-Emergency Maintenance Services.
RECOMMENDATION: That the City Council approve and authorize the execution of a Second Amendment to an Agreement with Econolite Systems Incorporated to increase the not to exceed amount from $300,000 to $500,000 for traffic signal preventive, emergency, and non-emergency maintenance services and extend the contract termination date to June 30, 2025.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 5
M. PUBLIC HEARINGS
1. Housing Department
SUBJECT: Adoption of the Fiscal Year 2023-2024 Annual Action Plan and amended Oxnard Citizen Participation Plan. (10 minutes)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing regarding the fiscal year 2023-2024 Annual Action Plan with funding recommendations and the amended Oxnard Citizen Participation Plan;
2. Approve the fiscal year 2023-2024 Annual Action Plan with the recommended use of funds for selected activities that conform with the City of Oxnard consolidated plan goals as defined in the Ventura County Regional Consolidated Plan;
3. Approve the updated changes in the amended Oxnard Citizen Participation Plan;
4. Authorize the City Manager, and his designees, to incorporate the final grant allocations into the 2023 Annual Action Plan, and authorize the budget appropriations to fund the administration, and projects, including the ability to increase or decrease project funding by ten percent or up to the administrative amount allowed of the administering staff, whichever is greater;
5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from the public input to the fiscal year 2023-2024 Annual Action Plan and the amended Oxnard Citizen Participation Plan, as directed by the City Council, including the authorization of funding appropriations and revenue or expenditure budget changes, up to ten percent of each grant;
6. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the fiscal year 2023-2024 Annual Action Plan and the amended Oxnard Citizen Participation Plan to the United States Department of Housing and Urban Development; and
7. Authorize the City Manager, and his designees, to execute all the agreements necessary for the implementation of the Annual Action Plan including sub recipients, interdepartmental, and intradepartmental agreements.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/DoJkJWv72sE
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
N. REPORTS
1. City Manager Department
SUBJECT: Update on Efforts of the Mayor’s Gateway Task Force and Authorization of an Agreement with Found Design, LLC dba MERJE for the Gateway Project. (15 minutes)
RECOMMENDATION: That the City Council:
Receive an update on the locations and preliminary schematic designs for the four (4) gateways proposed by the Mayor’s Gateway Task Force;
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 6
Authorize the City Manager to execute an agreement with Found Design, LLC dba MERJE for a not-to-exceed amount of $400,000 for the proposed design development, documentation, engineering and construction administration of up to four (4) gateways; and Authorize the City Manager to initiate the design, construction, permitting, and project management of Gateway Location 1, in South Oxnard.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on April 25, 2023.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/RwHWk4qAvDc
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
2. Information Technology Department
SUBJECT: Purchasing Authorization with Insight Public Sector Inc. for Information Technology Goods and Services. (10 minutes)
RECOMMENDATION: That City Council approve and authorize the Mayor to extend Purchase Order 8481 for information technology goods and services with Insight Public Sector, Inc. by revising its expiration date from February 15, 2024, to June 30, 2026, and raising the not to exceed amount from $770,000 to $2,635,000 over an additional 28 month period.
(The Finance and Governance Committee approved 3-0 on April 25, 2023.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/e4qkRw3mvO4
Legislative Body: City Council
Contact: Helen Miller, (805)385-7446
3. Housing Department
SUBJECT: Acquisition of Real Property at 2900 Saviers Road in Support of the Oxnard Police Department for a Future Precinct in South Oxnard. (10 minutes)
RECOMMENDATION: That the City Council:
1. Approve the acquisition of property located at 2900 Saviers Road for the future development of an Oxnard Police Department precinct; and
2. Appropriate $2,400,000 from the General Fund reserve for the purchase of the property; and
3. Authorize the City Manager or his designee to execute any and all documents necessary to facilitate this transaction.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/NDZ7ljttDhk
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
4. Public Works Department
SUBJECT: Adoption of Ordinance No. 3028 Establishing New Water Rates, Fees and Charges. (20 minutes)
RECOMMENDATION: That the City Council:
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 16, 2023 PAGE 7
1. Adopt Ordinance No. 3028 entitled "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;" and
2. Find that CEQA does not apply to this ordinance pursuant to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in title 14 California Code of Regulations section 15273.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/cDYCdov4dBE
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
O. ADJOURNMENT
7 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: May 16, 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 April 4, 2023 and April 13, 2023 regular meetings 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 04 04 2023 CC Regular Meeting
2. MINUTES 04 13 2023 CC Regular Meeting
8 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
April 4, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:32 p.m., Mayor Pro Tem MacDonald called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxna rd, California.
The Assistant City Clerk called the roll and announced the posting of the agenda.
Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, and Mayor Pro Tem Bryan A. MacDonald were present. Mayor John C.
Zaragoza was absent.
Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Michelle (Elle) McCarron, Assista nt City Attorney; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Omar Castro, Water Division Manager ; Emilio Ramirez, Housing Director; Terrel Harrison, Cultural & Community Services Director; and Dee Lai, Assistant City Clerk.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)
C. CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.
Legislative Body: City Council
At 5:3 2 p.m., the City Council recessed to a closed session. At 5:58 p.m., the City Council reconvened in open session in the C ouncil Chambers. The City Attorney announced that there were no reportable actions out of closed session.
D. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
1. City Clerk Department
SUBJECT: Declare Results of the Canvass of Returns of the March 7, 2023 Special Municipal 9 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 2
Election and Administer the Oath of Office.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 15,681 declaring the results of the canvass of returns of the March 7, 2023 Special Municipal Election for District 6 in the City of Oxnard; and
2. Authorize the City Clerk to administer the oath of office to the newly elected Council member, Arthur Valenzuela Jr., followed by remarks from the Council members.
A motion was made by Council to adopt Resolution No. 15,681 declaring the results of the canvass of returns of the March 7, 2023 Special Municipal Election for District 6 in the City of Oxnard. The final official canvass shows that Arthur Valenzuela Jr. was the successful candidate for the city’s vacant District 6 seat.
The Oath of Office was conducted by Jonathan Abboud, General Manager of the Isla Vista Community Services District and the President of the Santa Barbara City College Trustees.
Public comments were received from Michael MacDonald, Manuel Herrera, and Joshua Medrano.
It was moved by Councilmember Teran , seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, and Teran voted in favor; motion carried 5-0. Mayor Zaragoza was absent.
This was followed by a brief recess.
E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of April 2023 as "Sexual Assault and Child Abuse Awareness Month."
Mayor Pro Tem MacDonald presented the proclamation to Sergeant Scott Aaron with the Oxnard Police Department. Sergeant Aaron introduced members of the Oxnard Police Department Crimes Unit. They accepted the proclamation and said a few words.
2. SUBJECT: Presentation of a Proclamation Designating the Week of April 23 - 29, 2023 as "Library Week.”
Mayor Pro Tem MacDonald presented the proclamation to Terrel Harrison, Cultural & Community Services Director. Director Harrison introduced Marlene Cristal, Library Circulation Services Aide .
Ms. Cristal introduced members of the Oxnard Library staff. They accepted the proclamation and said a few words.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from B renda Guzman (homeless community/shelter), Ronald Arruejo (East Village Neighborhood Council meetings ), Dorina Padilla (Oxnard Oklahoma 10 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 3
Sister City International Organization), Carolina Gallardo Magana (311 application and parking issues), Montserrat Sanchez ( green space to grow food), Brenda Santos, Youth Coalition (community garden), Damian Mercado, Youth Coalition ( community garden), Catia Tran (Youth Coalition Organization), Pedro Toscano ( project labor agreement), Jonathan Duran (project labor agreement), Reverend Greg Runyon ( being a g ood citizen and civility), Jose Arias ( project labor agreement), Angela Whitecomb ( public restrooms in city parks/ self- cleaning restrooms).
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguy en provided commun ity updates. Landscape professionals are invited to join a City landscape standards discussion on Thursday, April 6, 2023 from 4:00 – 6:00 p.m. at the Oxnard Main Library, Meeting Room B. Landscape professionals are invited to discuss proposed changes to the standards that will address today’s changing climate and landscaping materials. An Ormond Beach Town Hall meeting will be held on Monday, April 24, 2023 from 6:00 – 8:00 p.m. at the South Oxnard Center. Learn more about the Ormond Beach Restoration and Public Access Project (OBRAP). Preview the long- term ownership and management recommendation for Ormond Beach. The Public Works Department announced that due to the rainy winter, expect a weed super bloom. There will be a lot of overgrown weeds. Residents are encouraged to utilize the 311 application to report overgrown weeds.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
Councilmember Teran wished the landscape standards and his sister a happy 35th birthday. He thanked the attendees at the District 2 Town Hall M eeting on March 27. He thanked City Manager Nguyen for his presentation “The Key to Oxnard’s Future” and encouraged residents in other districts to attend the upcom ing town hall meetings in their districts. He attended the Riverpark Neighborhood Council “ Egg Hunt ” event for the community on April 1. He also attended the Oxnard Police Department Employ ee Recognition ceremony for new h ires, employment milestones, and years of s ervice. He v isited, along with Mayor Zaragoza , the “No Limits for Deaf Children and Families Center in Oxnard. He participated in the mock interviews for Vista Real Hi gh School Program for students working towards receiving a high school diploma and preparing for the job search after graduation. He announced that he plans to attend the upcoming South Bank Neighborhood Council and the Sierra Linda Neighborhood Council meetings. He attended the Nyeland Acres Spring Health Fair . He asked that t he Oxnard Youth Coalition be invited to present at a future Council meeting agenda.
Councilmember Valenzuela met with City Manager Nguyen for an orientation. He p articipated in a tour of the Del Sol High School, the new high school located in the East Vi llage neighborhood. He visited the Oxnard Performing Arts Center to view the facilities. He visited the large bulk item drop- off event at College Estates located in District 6. This event will assist in keeping the alley ways clean. He joined the S outhwinds Neighborhood located from Pleasant Valley Road south to Hueneme Road and from Saviers Road west to South J Street, for a food distribution event. He also attended the “Easter Egg Hunt” held at th e Southwinds Community.
He also plans to attend the Cal-Gisler Neighborhood Council and the Southwinds Neighborhood Council meetings.
11 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 4
Mayor Pro Tem MacDonald congratulated Councilmember Arthur Valenzuela for being elected and winning the Oxnard City Council District 6 Special Election and welcomed him to the Council. He attended the National Latino Peace Officer s’ Association (NLPOA) Ventura County Chapter 2023 Annual Scholarship Banquet. $21,000 in scholarships was awarded to senior high school students preparing to graduate and attend college.
Councilmember Perello thanked the many volunteers who have worked very hard throughout the city to help improve their communit y. He thanked Reverend Greg Runyon for his comments.
He thanked the staff at the Spencer Eye Center in Oxnard who provided him with great care. He is grateful to Dr. Gregory Spencer, MD and his professional staff which treated him well. He also attended the Oxnard Police Department Employee Recognition ceremony.
Councilmember Madrigal attended the Cesar Chavez Day event in honor of Ces ar Chavez and the Farm Workers Movement at Oxnard College. He also volunteered at the Oxnard Food Bank for Farmworkers to assist the farm working communities with the nutrition they and their children need.
I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K.4 were discussed among the Council and staff. Councilmember Valenzuela asked that consent agenda items K.3 and K.4 be voted on separately.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (No comments received.)
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the January 24, 2023 special meeting as presented.
2. Public Works Department
SUBJECT: Sixth Amendment to Agreement 8231-18-PW to m6 Consulting Inc. for On-Call Professional Engineering Services.
RECOMMENDATION: That the City Council approve and authorize the execution of a Sixth Amendment to Agreement 8231-18-PW with m6 Consulting Inc. in the amount of $250,000 for a new not to exceed contract amount of $900,000 for On-Call Professional Engineering Services.
3. Public Works Department
SUBJECT: Trade Service Agreement 32300293 with Executive Facilities Services, Inc. for Custodial Services at Various City Locations.
RECOMMENDATION: That the City Council approve and authorize the:
12 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 5
1. Mayor to execute an Agreement with Executive Facilities Services, Inc., for a term of one year with the option to extend for two consecutive periods of one year each for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount of $700,000 to provide custodial services for the Water Campus, Blending Stations 3, 4 and 5, Wastewater Treatment Plant, Advanced Water Purification Facility (AWPF) and Del Norte Regional Recycling and Transfer Station (Del Norte); and
2. Purchasing Agent to execute amendments to extend the term of this Agreement up to a total maximum term of three (3) years.
(Public Works and Transportation Committee approved 2-0.)
4. Police Department
SUBJECT: Police Department Military Equipment Acquisitions.
RECOMMENDATION: That the City Council approve the Police Department’s purchase and use of the below-listed equipment defined by California Government Code 7070(c)(5) through 7070(c)(10) as "military equipment":
• DUI enforcement command trailer
• Traffic collision investigation response van
• Unmanned aerial vehicle response van
• Three (3) Patrol Sergeant command vehicles
• Three (3) precision rifles
• Chemical agents
Consent Items K.1 and K.2
It was moved by Councilmember Valenzuela, seconded by Councilmember Teran , to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Valenzuela voted in favor; motion passed 6-0. Mayor Zaragoza was absent.
Consent Item K.3
It was moved by Councilmember Basua, seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran voted in favor; Valenzuela voted against; motion passed 5-1. Mayor Zaragoza was absent.
Consent Item K.4
It was moved by Councilmember Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran voted in favor; Valenzuela voted against; motion passed 5-1. Mayor Zaragoza was absent.
L. REPORTS
1. Housing Department
SUBJECT: Commitment to the 2016 Downtown Vision Plan and 2019 Downtown Code. 13 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 6
RECOMMENDATION: That the City Council review and reaffirm their Commitment to 2016 Downtown Vision Plan and 2019 Downtown Code.
(This item did not originate in Committee.)
Emilio Ramirez, Housing Director presented and answered questions. Public comments were received from Pam Hogarth and Pat Brown, Abel Magana, Steve Huber, and Aurelio Ocampo.
Written comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, and Valenzuela voted in favor; MacDonald voted against; motion passed 5-1. Mayor Zaragoza was absent.
2. Public Works Department
SUBJECT: Water Rates Update Report.
RECOMMENDATION: That the City Council receive and file the Water Rates Update Report.
(This item is scheduled for the Public Works and Transportation Committee (PWTC) on March 28, 2023. Since this item is a receive and file item at the PWTC and the City Council, the Committee outcome is not impactful to the drafting of this City Council staff report.) Joseph Marcinko, Assistant Public Works Director presented and answered questions. Public comments were received from Pat Brown . Written comments were received . D iscussion ensued among the Council and staff.
The report was received and filed. No formal action was required.
3. City Manager Department
SUBJECT: Consideration of Residents’ Proposal to Rename Oxnard Beach Park to the Chumash Name ‘olol’koy beach park.
RECOMMENDATION: That the City Council approves the Community Services, Public Safety, Housing & Economic Development Committee’s recommendation to rename Oxnard Beach Park to the ’olol’koy beach park.
City Manager Nguyen presented and answered questions. Public comments were received from Brenda Guzman, KC Rodriguez, Manuel Herrera, Mariann e Parra, Alikoi Parra, Robyne Redwater, and Angela Whitecomb. Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Councilmember Valenzuela, to approve the recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, and Valenzuela voted in favor; motion passed 6-0. Mayor Zaragoza was absent.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Pro Tem MacDonald 14 APRIL 4, 2023 OXNARD CITY COUNCIL PAGE 7
adjourned the meeting at 9:55 p.m.
ROSE CHAPARRO BRYAN A. MACDONALD
City Clerk Mayor Pro Tem
15 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
April 13, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:03 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, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor Pro Tem Bryan A. MacD onald, and Mayor John C. Zaragoza were present.
Councilmember Valenzuela arrived at 5:10 p.m. Councilmember Basua joined the meeting at 6:28 p.m.
Councilmember Oscar Madrigal was absent. 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; Chelsey Ballot, Deputy City Attorney; John Colamarino, Assistant F ire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Emilio Ramirez, Housing Director; Brenda Lopez, Housing Programs Manager; Denise Olson, Interim Chief Financi al Officer; Beth Vo, Assistant Chief Financial Officer; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.
Alex Belenson, Manager of Real Estate and New Business Development at Foster Interstate Media, Inc. and Eden Casareno, Partner In-Charge of Attest Services, Auditor with Eadie+Payne, also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.
B. APPOINTMENT ITEMS
1. SUBJECT: Water Supply Update by Calleguas Municipal Water District.
Dan Drugan Manager of Resources at Calleguas Municipal Water District provided a presentation to Council to provide a water supply update and planning for both predicted and unforeseen changes in the District’s water sup ply. Mr. Drugan and his team are in the process of developing an imported water outage protocol to manage water access for purveyors during outage events.
2. SUBJECT: Transit Integration and Efficiency Study (TIES).
16 APRIL 13, 2023 OXNARD CITY COUNCIL PAGE 2
Martin R. Erickson, Executive Director for the Ventura County Transportation Commission (VCTC) provided an overview of the public transit services provided to the County of Ventura and the effects of the pandemic. Mr. Erickson also presented on the organization’s Transit Integration and Efficiency Study (Ties). He also announced the Youth Ride Free program which was launched in Ventura County. Youths can now ride any public transit bus in Ventura County for free a s part of a new pilot program.
C. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
D. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of April 2023 as "Fair Housing Month".
Mayor Zaragoza presented the proclamation to Juliet and Rob L ilywood representatives from the Ventura County District Attorney’s Real Estate Fraud Unit which investigates and prosecutes crimes involving recorded real estate documents. Criminal real estate fraud may involve home equity fraud, securities fraud tied to real estate, and loan fraud.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Pedro Toscano , Southwest Mountain Carpenters Representative ( Tax Fraud Campaign), Jeff A. Manson, Southwest Mounta in Carpenters Representative (Tax Fraud Campaign), Lang Martinez (homeless), and Anthony Ventura, Southwest Mountain Carpenters Representative (Tax Fraud Campaign).
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provide d community updates. Community Action of Ventura County will continue its Water Utility Bill Assistance Program and will hold application assistance workshops on April 17 and April 24, 2023 from 8:30 a.m. – 12:00 p.m. For information call 805-436-4000. An Ormond Beach Town Hall meeting will be held to learn more about the Ormond Beach Restoration and Public Access Project (OBRAP) on Monday, April 24, 2023 from 6:00 – 8:00 p.m. Due to the rainy winter, expect a weed super bloom. There will be a lot of o vergrown landscapes throughout the c ity. Residents are encouraged to utilize the 311 application to report weed bloom issues. City staff will do their best to chase the weed bloom.
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
Councilmember Valenzuela attended the Cal-Gisler Neighborhood Council and the Southwinds Neighborhood Council meetings. He also attended the 2023 Diversity Gala Awards which honor and recognize community members and organizations that have done exceptional work in Ventura County over the last year within the LGBTQ community and around HIV and AIDS.
Councilmember Teran was honored as a community alley of the LGBTQ community.
17 APRIL 13, 2023 OXNARD CITY COUNCIL PAGE 3
Councilmember Perello asked the City Attorney that update on the tax fraud issue be provided to Council at a future meeting. He announced a n upcoming project review meeting being held by the County of Ventura Planning Division to hear public comment and review the Ormond Beach project modification. F or additional information contact the Ventura County Planning Division, John Oquendo, Senior Planner, at 805-654-2509.
Councilmember Teran plans to attend the Riverpark Neighborhood Council monthly meeting on April 19th. He thanked the neighborhood counc il for hosting a series of workshops to provide information about the Facilities District to the community. On April 20 th, he will also attend the Sierra Linda Neighborhood Council meeting. He announced a program by Tony Thurman, California Superintendent of Public Instruction, the Golden State Teacher Grant Program . The California Student Aid Commission (CSAC) is awarding up to $20,000 for students to pursue a career as a teacher, school social worker, school counselor, school psychologists , school chil d welfare and attendance official. For more information on requirements, forms, and more, visit the website at www.csac.ca.gov/gstg . He also asked that staff consider inviting the Community Action of Ventura County to a future Council meeting to present and provide information about their services countywide and the Water Utility Bill Assistance Program.
Mayor Zaragoza participated in the Annual Cesar Chavez Memorial March and joined the resistance with field workers, families, and other community leaders at Cesar Chavez Elementary School in Oxnard.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J.5 were discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Alicia Percell (J.2 & J.3).
J. INFORMATION/CONSENT AGENDA
1. Community Development Department
SUBJECT: Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek.
RECOMMENDATION: That the City Council approve and authorize the execution of the Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek, increasing the total Agreement amounts to $750,000 and Agreement end dates by an additional two years.
2. 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:
18 APRIL 13, 2023 OXNARD CITY COUNCIL PAGE 4
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 (Development Agreement No. A-8516), subject to certain findings.
3. 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.
4. Community Development Department
SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance: The project location is the U.S. Highway 101 adjacent property within the City of Oxnard City limit.
RECOMMENDATION: That the City Council Adopt Ordinance No. 3023 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.
5. Housing Department
SUBJECT: Accessibility Remodel Project at Althea Site.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize the execution of the firm-fixed price contract in the amount of $583,001.87 with MDJ Management, LLC (Agreement number A-8522) using funds previously appropriated from the 2022 Capital Fund grant for Section 504 compliance with the Americans with Disabilities Act for property located at 1357 Althea Drive.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0.)
19 APRIL 13, 2023 OXNARD CITY COUNCIL PAGE 5
Consent Item J.1
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Perello, Teran, Valenzuela and Zaragoza voted in favor; motion passed 6-0. Councilmember Madrigal was absent.
Consent Items J.2 and J.3
These consent items were pulled from the agenda. Council made a motion t hat items J.2 and J.3 be amended as per the recommended changes by Chief Assistant Attorney Rozell and these two items will be brought back for Council consideration at the next Council meeting. Public comments were received from Alicia Percell. Written comments were received for these items.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as amended. VOTE: Basua, MacDonald, Perello, Valenzuela, and Zaragoza voted in favor; Teran voted against; motion passed 5-1. Councilmember Madrigal was absent.
Consent Item J.4
It was moved by Councilmember Basua, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Perello, Valenzuela, and Zaragoza voted in favor; Teran voted against; motion passed 5-1. Councilmember Madrigal was absent.
Housing Authority Consent Item J.5
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald , Perello, Teran , Valenzuela and Zaragoza voted in favor; motion passed 6-0. Councilmember Oscar Madrigal was absent. Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.
K. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: Project Name: 2420 Oxnard Boulevard U-Haul Project;. Located at 2420 N.
Oxnard Boulevard; APNs: 142-0-010-345 and 142-0-021-010. (45 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 – Planning Commission Recommendation – Applicant Original Request (with staff recommended phasing condition):
a. Adopt Resolution No. 2023-XX adopting a Mitigated Negative Declaration (MND) 22-04 and Mitigation Monitoring Reporting Program (MMRP); and b. Adopt a resolution approving Planning and Zoning Permit No. 17-500-11 (Special Use Permit), based on the findings presented and attached conditions of approval.
Option 2 – Staff’s Recommendation - Deny the Application and direct staff to return at a future public hearing with revised documents incorporating the direction provided by City 20 APRIL 13, 2023 OXNARD CITY COUNCIL PAGE 6
Council.
This item was pulled from the agenda.
L. REPORTS
1. Finance Department
SUBJECT: Presentation of Single Audit Report. (20 Minutes)
RECOMMENDATION: That the City Council receive and file the 2022 Single Audit Report from the audit firm Eadie + Payne.
(Eadie + Payne Presentation will be live upon consultant's request).
Eden Casareno, Partner In -Charge of Attest Services, Auditor with Eadie+Payne presented and answered questions. Public comments were received from Aaron Starr. Discussion ensued among the Council and staff. The report was received and filed, no formal action was required.
M. ADJOURNMENT
There being no further b usiness on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:15 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
21 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: May 16, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Construction Agreement 32300311 with Pacific Builders & Roofing, Inc. dba WSP Roofing for Wilson Senior Center Roof Replacement Project, Specification No. PW 23-33.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $711,750.78 in Project funds for the Wilson Senior Center Roof Replacement Project (Project No. C2042/MO5516):
1. Execute an Agreement with Pacific Builders & Roofing, Inc. dba WSP Roofing in the amount of $547,500.60 for the Project;
2. A Project contingency amount of $109,500.12 (20%) with Pacific Builders & Roofing, Inc. dba WSP Roofing for a total not to exceed value of $657,000.72 for the Project;
3. A Project allocation amount of $54,750.06 for engineering, inspection, survey and project management for the Project; and
4. A project budget appropriation transfer in the amount of $342,000 in the General Fund Capital Outlay Fund (301) from the Roof Replacement-Various Facilities Project (Project No. C2306/235702) to the Wilson Senior Center Roof Replacement Project (Project No. C2042/MO5516).
(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15301(c).)
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
BACKGROUND
The Project consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete roof replacement and repairs at the Wilson Senior Center located at 350 North C Street.
The oldest of the buildings opened in 1928 as a middle school, the other two buildings were constructed in 1982 and 1994 with roofs constructed of three-ply built up roofing material. The last time any of the roofs were replaced was 1994. A typical roof, constructed of three-ply built up roofing, has a useful life expectancy of 20-30 years if installed correctly and maintained. These roofs are at least 29 years old.
All three flat roof buildings at the site require replacement. The flat roofs have many leaks that impact the inside walls and finishes. These leaks also impact the facility staff and residents who regularly frequent the facility. There are areas with drywall deterioration from the roof leaks, which will be handled separately, and are not included in the scope of this project. With new roofs, we can prevent further interior deterioration, programming impacts, and other problems.
Additionally there are windows located at roof sections on the main senior center building that require replacement
22 Capital Improvement Program (CIP) Reference:
The specific work for this Project includes demolition of all existing roof areas down to the deck, remove approximately 160 square feet of asbestos containing materials, replace any damaged roof decking, install new PVC single ply roofing system, replace all coping, two roof ladders, rework roof drains and scupper drains, cleanup exposed power and data lines and enclose in conduit, and all other appurtenant and associated work in accordance with the Contract Documents.
The work is tentatively scheduled to begin in Summer 2023 and continue into Fall 2023 (sixty working days), unless delayed by unforeseen site conditions, weather impacts, or supply chain delays. Staff will work closely with the building occupants, patrons, area businesses, and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.
The notice inviting formal bids (NIFB) on the Project was published on December 29, 2022, and all bids were due and opened on February 21, 2023. The City received two (2) bids for the project. Below are the responsive bids received:
Pacific Builders & Roofing, Inc. dba WSP Roofing: $547,500.60 Ardalan Construction Company, Inc.: $821,389.00
The lowest bid received is from Pacific Builders & Roofing, Inc. dba WSP Roofing for $547,500.60 and the bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Pacific Builders & Roofing, Inc. dba WSP Roofing and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Pacific Builders & Roofing, Inc. dba WSP Roofing.
Since the original estimate in 2020, the cost of building materials and the general inflation on all consumer items and labor has increased. Other roofing projects recently bid by the City have also seen increases in costs compared to their original engineer's estimate. Due to these outside influences, minor changes in the scope of work, and the need to address newer building codes, the Wilson Senior Center roofing project does not have sufficient funds to be completed. As such, staff is recommending the use of Capital Outlay Funds from the Roof Replacement-Various Facilities Project (Project No.
C2306/235702) to make up the difference of $342,000.
Based upon the discussion with the City Council at the February 7, 2023 City Council meeting, the Roof Replacement- Various Facilities Project (Project No. C2306/235702) is not a project that staff is actively working on due to the amount of active projects with higher prioritization and the difficulties in filling staff positions and/or obtaining consultant services. The Roof Replacement-Various Facilities Project has sufficient funds ($1 M) this FY to cover the proposed transfer. Since the Wilson Senior Center Roof Replacement Project has a completed design and an active bid, staff recommends transferring the funds to enable the Wilson project to move forward.
In addition to the project award amount of $547,500.60, Staff recommends authorizing $164,250.18 for the project, which includes $109,500.12 for project contingency (20% of the contract costs) and $54,750.06 for the cost for engineering services and City staff (10% of the contract cost). A 20% contingency instead of the traditional 10% is recommended for this project due to the high potential for unforeseen issues with the roof and structural components, along with any hidden problems such as more hazardous material that may be discovered once the existing roof is removed. Having the flexibility to address these potential issues expeditiously, in lieu of waiting for additional funding approvals, will mitigate any delay costs during construction. Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $711,750.78.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
23 FINANCIAL IMPACT
The total cost for this Project shall not exceed $711,750.78 which includes the construction agreement, contingency and project allocation. The Wilson Senior Center Roof Replacement Project, (Project No. C2042/MO5516) has a total available project budget balance of approximately $370,000 from the Measure O Sales Tax Fund (104). A project budget appropriation transfer of $342,000 from the General Fund Capital Outlay Fund (301) within the Roof Replacement- Various Facilities Project (Project No. C2306/235702) is recommended to provide sufficient funds to award the contract to the Wilson Senior Center Roof Replacement Project (Project No. C2042/MO5516). The Roof Replacement-Various Facilities Project has sufficient funds for this transfer.
Project Fund Project
Budget
Balance
Project Budget
Appropriation
Transfer
New Total Available
Project
Appropriations
Measure O (104) $370,000 $0 Wilson Senior
Center Roof
Replacement
C2042/(MO5516) General Fund
Capital Outlay Fund
(301)
$0 +$342,000
$712,000
Roof Replacement-
Various Facilities
C2306/235702
General Fund
Capital Outlay Fund
(301)
$1,000,000 -$342,000 $658,000
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by City Council.
Prepared by: Nikolas Boas, Supervising Civil Engineer
ATTACHMENTS
1. Agreement 32300311
24 Agreement No. 32300311
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
WILSON SENIOR CENTER ROOF REPLACEMENT PROJECT
SPECIFICATION NO. PW 23-33
THIS CONTRACT (“Contract”) is made and entered this 16th day of May, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and PACIFIC BUILDERS & ROOFING, INC. dba WSP ROOFING (“Contractor”). Contractor’s license number is 832752.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentati on submitted before the notice of award), insurance documentation, Bonds, the City busi ness license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Wilson Senior Center Roof Replacement Project, Specification No. PW 23-33 (the “Project”), as described in this Contract and in the incorporated Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of five hundred forty-seven thousand, five hundred dollars and sixty cents ($547,500.60) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the preva iling rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made av ailable to any interested party on request.
Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signi ng this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 25 Agreement No. 32300311
2 in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
7. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.
10. Amendment. No Contract modification, amendm ent or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.
11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract tran smitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
26 Agreement No. 32300311
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD PACIFIC BUILDERS & ROOFING, INC. dba
W S P R O O F I N G
John C. Zaragoza, Mayor1 Date John Tanner, C.E.O. 2 Date Purchasing Manager
Scott E. Tanner, Secretary Date
A T T E S T :
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any formally bid public project agreement over $200,000. The Mayor may authorize and sign any informally bid public project agreement over $100,000 but up to $200,000. The Purchasing Manager may authorize and sign any informally bid public project agreement up to $100,000.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two manager s of the LLC (company dire ctors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different struct ure, or if the above-listed person s are not the appropriate signers, please submit to the City Attorney legally-bindi ng documentation stating who can sign and bind your company.
27 Agreement No. 32300311
4 Exhibit INS-E
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT & POLLUTION/ASBESTOS)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcon tractors. With respect to General Liability, Errors & Omissions, Contractors Pollut ion Liability, and or Asbestos Pollution Liability, Coverage should be maintained for a minimum for five (5) years after contract completion.
a. Commercial General Liability Insu rance, including Contractual Li ability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each cl aimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001) . If a general aggregate lim it is used, that lim it shall apply separately to the p roject location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and prope rty damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be perfo rmed under the Contract, Professional Liability/Errors and Omiss ions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neithe r Contractor nor listed subcontr actors having less than $500,000 individually. The Prof essional Liability/Errors and Om issions Insurance must be proj ect specific with at least a one-year extended reporting period, or longer upon request.
d. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
e. Course of Construction Insurance providing c overage for “all risks” of loss in an am ount not less than the completed value of t he project, with City named as Owner and Insured.
f. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endo rsements effecting coverage required by this Exhibit INS-E. The certificates and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. Th e certificates and endorsements are to be on the attached forms o r on other forms approved by the Risk Manager. All certifica tes and endorsements are to be received and approved by the Risk Manager before wor k commences.
City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements will be requested vi a email. If you have not received your request or are havi ng difficulty with the electronic u pload, contact [email protected].
3. Contractor agrees that all insura nce coverages shall be provided by a California admitted insurance carrier with an A.M. Best r ating of A:VII or better and shall be endorsed to st ate that coverage may not be suspended, voi ded, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Ri sk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Contractor agrees that the Commercial Gene ral Liability and Business Au tomobile Liability Insuran ce policies shall be endorsed to name City, its City Council, officers, employees and volunteers as ad ditional insureds as respects: liability arising out of activi ties performed by or on behalf of Contractor; products and completed operations of Contractor; prem ises owned, occupied or used by Contractor; or autom obiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limit ations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-E or substitute forms containi ng the same information and acceptable to the Risk Manager shal l be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contribu ting to or in excess of any existing City insurance or self-ins urance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made o r suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Man ager, either the insurer shall reduce or eliminate such deductibles or self-insured retenti ons as respects City, its City Council, of ficers, employees and volunteers, or the Contractor shall procur e a bond guaranteeing payment of losses and related investigations , claim administrat ion and defense expenses.
7. All insurance standards applicable to Contractor shall also be a pplicable to Contractor’s subcon tractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 28 Agreement No. 32300311
5 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate yo ur preparation and submission of certificates of insur ance.
You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as show n on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
INS-E.doc
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