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

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street July 18, 2023
Closed Session - 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: 843 3033 3812

3. Passcode: 358396

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.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request. 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449:

During this meeting, Councilmember Teran will be participating remotely from the following location:

Comfort Suites (Business Center), 210 E. Acequia Avenue, Visalia, CA 93291.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case regarding the claim filed by Blois Construction Corporation regarding a contract dispute for the Hueneme Road Recycled Water Pipeline Project.

Legislative Body: City Council

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: Southwest corner of Pleasant Valley Road and Saviers Road (APN 222-0-102-010) Agency Negotiator: Michael L. Wolfe, Public Works Director and Hamner, Jewel & Associates Negotiating Party: Jose Garay
Under Negotiation: Price and terms of payment
Legislative Body: City Council

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: Northeast corner of Thomas Avenue and Saviers Road (APN 219-0-031-065) Agency Negotiator: Michael L. Wolfe, Public Works Director and Hamner, Jewel & Associates Negotiating Party: Yong Duk Lee & Soo Jung Lee
Under Negotiation: Price and terms of payment
Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 18, 2023 PAGE 3

D. OPENING CEREMONIES
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of Commendations to Ella Ochoa for Winning the 2023 National High School Mock Trial Championship as the best courtoom artist and to Monica Adrian for her years of dedication to the Mock Trials Program.

2. SUBJECT: Presentation of a Resolution Commending Maria Herrera for Thirty-Eight Years of Exemporary Service to the City of Oxnard.

3. SUBJECT: Update by Oxnard-Ocotlan Sister Cities Committee Visitation.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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

1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Demographics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics as compared with other cities in the region.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

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

I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 18, 2023 PAGE 4

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 20, 2023 regular meeting as presented.

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

2. Public Works Department

SUBJECT: Public Project Construction Agreement No. 32400023 with Pacific Builders & Roofing, Inc., dba WSP Roofing, for the Performing Arts Community Center Roof Replacement Project (REBID), Specification No. PW 23-34R.

RECOMMENDATION: That the City Council approve and authorize:

1. $975,377.63 in Project funds for the Performing Arts Community Center Roof Replacement Project (Project No. C2248);

2. The Mayor to execute an Agreement with Pacific Builders & Roofing, Inc., dba WSP Roofing in the amount of $750,290.48 for the Project;

3. A contingency amount of $150,058.10 with Pacific Builders & Roofing, Inc., dba WSP Roofing for a total not to exceed value of $900,348.58 for the Project; and

3. A Project allocation amount of $75,029.05 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 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. Public Works Department

SUBJECT: Public Project Agreement 32400022 with Blackpointe Group Construction and Management, Inc. for Community Center Park East Playground Improvement Project (Rebid #3), Specification No. PW 22-117R3.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $295,024.01 in Project funds for the Community Center Park East Playground Improvement Project (Rebid #3), Specification No. PW 22-117R3;

2. The Mayor to Execute an Agreement with Blackpointe Group Construction and Management, Inc. in the amount of $245,854.01 for the Project;

2. A Project contingency amount of $24,585.00 (10%) with Blackpointe Group Construction and Management, Inc. for a total not to exceed value of $270,439.01 for the Project; and

3. A Project allocation amount of $24,585.00 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 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Grant Application Resolution for FY 2023 Consolidated Appropriations Act Community Project Funding Application.

RECOMMENDATION: That the City Council adopt a resolution:

1. Authorizing the City Manager or designee to submit a grant application to the U.S.

Environmental Protection Agency for $2,846,400 (no local match) in Community Project Funding for the City of Oxnard Water Pipeline Replacement Project;

2. Authorizing the City Manager or designee to execute grant agreements;

3. 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

4. Authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Third Amendment to Lease Agreement A-5300 with Cingular Wireless.

RECOMMENDATION: That the City Council approve the Third Amendment to the "Roof Top" Revenue Lease Agreement A-5300, for a five year term with one option term, with Cingular Wireless, for a cell tower located at 300 W. 3rd Street in Oxnard.

(Public Works and Transportation Committee approved 3-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Police Department
SUBJECT: Agreement for School Resource Officer (SRO) Services to the Oxnard Union High School District (OUHSD).

RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a cost-sharing agreement between the City of Oxnard and the Oxnard Union High School District, for a three-year period, in the amount of $778,309 for Police School Resource Officer (SRO) Services.

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

7. City Manager Department
SUBJECT: Second Amendment to Agreement No. 9675-22-CM with Aten Design Group, Inc. for Website Redesign Services.

RECOMMENDATION: That City Council approve and authorize the execution of a Second Amendment to an Agreement with Aten Design Group, Inc. to increase Website Redesign Services for an additional $116,140, resulting in a not-to-exceed total cost of $316,140.

(Finance and Governance Committee approved 3-0 on June 27, 2023.) 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

8. Finance Department
SUBJECT: Adopt Resolution Declaring the Intent of the City to be Reimbursed from Potential Bond Proceeds for Expenditures Made Towards Street and Alleyway Improvements.

RECOMMENDATION: That the City Council approve and authorize a resolution declaring the intent of the City to be reimbursed for certain capital expenditures from the proceeds of indebtedness.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, 805-385-5400
L. PUBLIC HEARINGS

1. City Manager Department
SUBJECT: Public Meeting and Introduction of an Ordinance to Renew the Oxnard Tourism Marketing District. (10 minutes)

RECOMMENDATION: That the City Council:

1. Conduct the first Public Meeting to allow members of the public to provide comments on the renewal of the Oxnard Tourism Marketing District (OTMD); and

2. Approve the first reading by title only and waive further reading of an ordinance adding Sections 13-3 through 13-13 to Article 1.5 of Chapter 13 of the Oxnard City Code regarding the Oxnard Tourism Marketing District.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5Cm-NEzm_vc
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
M. REPORTS

1. Public Works Department
SUBJECT: Grant Application Resolution for the Clean California Local Grant Program Cycle 2. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution:

1. Ratifying the submittal of a grant application to the California Department of Transportation (Caltrans) for $3,534,000 (12.5% local match of $442,000 from the Urban Greening Grant Fund) in Clean California Local Grant Program funds for the Campus Park Enhancement Project;

2. Authorizing the City Manager or designee to execute grant agreements;

3. 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

4. Authorizing the Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee.)

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

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

2. Public Works Department
SUBJECT: Grant Applications Resolution for the Inflation Reduction Act – Urban and Community Forestry Grant Program. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution:

1. Ratifying the submittal of a grant application to the United States Department of Agriculture Forest Service for $333,502.50 (1:1 local match of $333,502.50) in Inflation Reduction Act – Urban and Community Forestry grant funds for the Oxnard Area ND Urban Forestry Project;

2. Ratifying the submittal of a grant application to the United States Department of Agriculture Forest Service for $651,423 in Inflation Reduction Act – Urban and Community Forestry grant funds for the Oxnard Area D Urban Forestry Project;

3. Authorizing the City Manager or designee to execute the grant agreements, if awarded

4. 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

5. Authorizing the Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rGilAKP_OM0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Public Project Agreement 32400005 with Chrisp Company for On-Call Street Striping and Marking Services, Specification No. PW 23-91. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Chrisp Company in the amount not to exceed $1,000,000 for a five-year term for On-Call Street Striping and Marking Services.

(Public Works and Transportation Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8YxxaTU5YDg
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Finance Department
SUBJECT: Professional Services Agreement 32400016 with MuniServices, LLC for Sales Tax and Transaction Tax Audit Services. (10 minutes)
RECOMMENDATION: That the City Council:
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 18, 2023 PAGE 8

1. Award Agreement No. 32400016 to MuniServices, LLC for a five-year term in the amount not to exceed $600,000 for quarterly Sales Tax Audit Services and Measures O and E transaction tax audit services; and

2. Adopt a Resolution Authorizing Examination of Sales, Transactions and Use Tax Records to MuniServices, LLC.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6IncpNKW84s
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, 805-385-5400

5. Finance Department
SUBJECT: Agreement with ProcureAmerica to Provide Cost Reduction Services. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to enter into an agreement with ProcureAmerica, Inc. to provide cost-reduction consulting services expiring December 31, 2028.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/itXFJbk2Ufo
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, 805-385-5400
N. ADJOURNMENT

8 CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.

THECITYCOUNCILOFTHECITYOFOXNARDCOMMENDSMARIAHERRERAFOROVER37YEARSOFOUTSTANDINGSERVICETOTHECITYOFOXNARD.

WHEREAS,MariaHerrerahasgivenover37yearsofexemplaryserviceasanemployeeoftheCityofOxnard;and WHEREAS,MariaHerrerabeganhercareerwiththeCityofOxnardasaStudentTraineeintheSummerYouthTrainingProgramin1985,thereafterpromotedtoTypistClerkinMarch27,1987,thereafterpromotedtoSecretaryIIonMarch14,1991,thereafterpromotedtoSecretaryIIIinJuly1996,thereafterpromotedtoAdministrativeAssistantonAugust1,2016,andthereafterpromotedtoAdministrativeServicesCoordinator/SupportSupervisorinJuly2022,andduringthattimeshasacceptedpositionsofincreasingresponsibility, scope,andchallenge;and WHEREAS,MariaHerrerareceivedawardrecognitionsfor PerformanceandAchievementawardonSeptember29,1995fromthelateMayorManuelLopez,theOxnardLeadershipAcademyonMay22,1997,SatelliteCityHallasa SpanishinterpreteronJuly25,2002 and the LemonwoodNeighborhoodCouncilon November4, 2010as a Spanishinterpreter;and WHEREAS,MariaHerrerapartookincitycommitteessuchasEmployeeEthicsTrainingSessionsin1993and1994,EmployeePicnicCommitteeMember, August2001,"BecauseWeCare"Fund9/11/2001Donor, City’s LeadershipDevelopmentTeam,andin March2018translatedintoSpanishtheVoterGuide;andwasselectedasPlanningDivisionEmployeeoftheQuarterinOctobertoDecember1992andtheRedevelopmentEmployeeoftheQuarterinApriltoJune1994;and WHEREAS,Maria Herrera,as a AdministrativeServicesCoordinator/SupportSupervisor, hasexemplifiedleadershipandsoundjudgment;and WHEREAS,throughherpersonalskillsandcommitmenttoherresponsibilities,MariaHerrerahasservedasa keyfigureinmaintainingandimprovingthelibraryservicesprovidedwithintheCityofOxnard;and WHEREAS,MariaHerrerawillbe sorelymissedin Citygovernmentandin thecommunity.

NOW, THEREFORE,theCityCouncilof theCityof OxnarddoesherebyresolvetocommendMariaHerrerafor37yearsand10monthsofoutstandingservicetotheCityofOxnardandwisheshermuchluckandsuccessinallfutureendeavors.

PASSEDANDADOPTEDthis18thdayofJuly2023bythefollowingvote:
9 AYES:

NOES:

ABSENT:

JohnC.Zaragoza,Mayor
ATTEST: APPROVEDASTOFORM:

RoseChaparro StephenM.FischerCityClerk CityAttorney
10 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: July 18, 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 June 20, 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 06 20 2023 CC Regular Meeting

11 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
June 20, 2023

A. ROLL CALL, POSTING OF AGENDA
At 6:01 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Councilmember Oscar Madrigal; Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Teran participated remotely from the following location: Hampton Inn Riverside Downtown (Business Center) located at 3505 Market Street, Riverside, CA 92501.

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; Kenneth Rozell, Chief Assistant City Attorney; Ja son Benites, Police Chief; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Omar Castro, Water Division Manager; Eric Zetz, Environmental Resources Manager; Eric L. Storrie, CPRP - Special Districts Manager; Anthony Miller, Special Districts Project Manager; Grant Dunne, Management Analyst III; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Brenda Lopez, Housing Programs Manager; Kathleen Mallory, Planning & Sustainability Manager; Matthew Simpkins, Community Development Management Analyst; Javier Chagoyen -Lazaro, Chief Financial Officer; Mark Sewell, Assistant C hief Fi nancial Officer; Beth Vo, Assistant Chief Financial Officer; Victor Zambrano, Budget Manager; Gary Krumian, IT Programmer Analyst; Terrel Harrison, Cultural & Community Services Director; Pamela Morrison, Cultural & Recreation Services Manager; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

Mark E. Mandell with Mandell Municipal Counseling; Hitta Mosesman, Vice President of Community Development and Housing, Harris & Assoc iates; Kelly Morgan, Project Manager, Community Development and Housing, Harris & Associates; and Amanda Welker, Financial Analyst with NBS Local Government Consultants participated via videoconference.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449:

12 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 2

During this meeting, Councilmember Teran participated remotely from the following location:

Hampton Inn Riverside Downtown (Business Center) located at 3505 Market Street, Riverside, CA 92501.

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

C. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Lang Martinez ( Councilmember Basua and homeless), Karl Lawson (Public Works Commendation), Patricia Brown (big trucks driving on Oxnard Blvd.), Bryan Rodriguez (Councilmember Perello’s comments on June 6 th), Jordan Cruz, South Oxnard Police Precinct), and Wilson Troung.

D. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Statistics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics as compared with other cities in the region.

City Manager Nguyen provided the following community updates:

• Groundwater Adjudication Notice: Explanation from the City Attorney, City Council meeting on 5/16/23 available at: www.yout ube.com/OxnardNews. Also, visit the Adjudication website:
www.opvcoalition.org for additional information.
• Community Action of Ventura County will continue its Utility Bill Assistance Program, Low Income Household Water Assistance Program and will hold application assistance workshop on Monday, June 26 from 8:30 a.m. – 12 p.m. at 214 South C Street. For information call 805 - 436-4000.
• Oxnard Police Department and Fire Department remind the community that all fir eworks are illegal in Oxnard. Possession, sales, or use may subject property owners and tenants to arrest or fines up to $1,000 per count for every violation on their property. Fireworks Hotline (805) 394- 5884.
• Fun Facts: Local Government Revenue Per Capita – Revenue Sources for other communities in Ventura County compared to the City of Oxnard.

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

BUSINESS/COMMITTEE REPORTS

Councilmember Teran plans to attend the Riverpark Neighborhood Council meeting.

Councilmember Madrigal attended the Philippine Independence Day Flag Raising Ceremony hosted by Fil -Am Council of Ventura County. He also attended the 32 nd Annual Juneteenth
Celebration event at downtown Oxnard Plaza Park. This event celebrates the 1865 historical Proclamation of Freedom from slavery in Texas.

13 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 3

Councilmember Basua announced that she will not be attending the July 5, 2023 Council meeting due to being on travel.

Mayor Pro Tem MacDonald attended the Gold Coast Trans it District Board meeting and provided an update on the launch of the Nighttime Microtransit Service to better serve the community of Oxnard.

Councilmember Perello also attended the Philippine Independence Day Flag Raising Ceremony hosted by Fil-Am Council of Ventura County and the 32nd Annual Juneteenth Celebration event at downtown Oxnard Plaza Park. He is glad that the Via Marina Neighborhood Council has been reactivated.

Councilmember Valenzuela Zavala also attended the Philippine Independence Day Fl ag Raising Ceremony hosted by Fil -Am Council of Ventura County and the 32nd Annual Juneteenth Celebration event at downtown Oxnard Plaza Park. He also attended the Pride 2023 Oxnard LGBTQ+ Resource Fair.

Mayor Zaragoza wished all the Dad’s a Happy Father’s Day.

F. REVIEW OF INFORMATION/CONSENT AGENDA
Items H.1 through H.5 were discussed among the Council and staff.

G. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

H. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 2, 2023 regular meeting as presented.

2. Police Department
SUBJECT: ABC Mini-Grant - Alcohol Policing Partnership Program.

RECOMMENDATION: That the City Council adopt Resolution #15,706 authorizing:

1. The City Manager to apply for $94,944 in grant funds from the Department of Alcoholic Beverage Control to be used for overtime to conduct four (4) Minor Decoy Operations, four (
4) Shoulder Tap Operations, four (4) Trap Door Operations, and four (4) IMPACT Inspections;

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of ABC Grant funds; and

4. The Chief of Police or designee to submit all program-related progress or status 14 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 4

reports.

3. City Manager Department
SUBJECT: Approval of FY 23-24 Special Event Support Program Events and Budget.

RECOMMENDATION: That the City Council:

1. Approve the list of recommended events for the Special Event Support Program in FY 23-24; and

2. Approve minor changes to the Special Event Support Program in FY 23-24. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 23, 2023).

4. Public Works Department
SUBJECT: Fiscal Year 2022-23 Budget Appropriation for Community Facilities District Number 7, Wagon Wheel.

RECOMMENDATION: That the City Council approve a Fiscal Year 2022-23 budget appropriation from the available fund balance in the amount of $100,399 to the Special Districts Fund (120), (Sub Fund 6070 - Wagon Wheel CFD07) for reimbursement of Fiscal Year 2022-23 authorized Developer reimbursements from the Wagon Wheel Community Facilities District.

(Finance and Governance Committee approved 3-0.)

5. Housing Department
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program Section 8 Budgets for Fiscal Year 2023-2024.

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

1. Adopt
Resolution # HA 1339 approving the recommended $7,352,123 operating budgets for the Low Rent Public Housing Program for Fiscal Year 2023-2024, as presented for each project area, and approve and authorize the use of $359,597 of unrestricted cash to fund the projected deficit.

2. Adopt Resolution # HA 1340
approving the recommended $30,848,417 operating budget
for the Housing Choice Voucher Program Section 8 for Fiscal Year 2023-2024 and approve and authorize the use of $304,238 of unrestricted cash to fund the projected deficit.

(This item was presented to the Community
Services, Public Safety, Housing & Development
Committee on June 13, 2023. As of publication of this staff report, the action by the Committee was not yet known.)

15 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 5

Consent Items H.1 – H.4:

It was moved by M ayor Pro T em MacDonald, seconded by Councilmember P erello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; motion passed 7-0.

Housing Authority Consent Item H.5:

I. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Compliance Fee Study: Council consideration of update to Alcohol, Compliance Fee; and Adoption of New Compliance Fees for Tobacco, Firearms, and Cannabis Businesses.

RECOMMENDATION: That the City Council

1. Conduct a public hearing concerning the introduction of Ordinance No. 3029 adding Sections 13-1 and 13-2 to Article I of Chapter 13 of the Oxnard City Code;

2. Adopt a Compliance Fee Study establishing compliance fees on businesses that sell firearms, alcohol, cannabis, and tobacco; and

3. Approve the first reading by title only and waive further reading Ordinance No. 3029 adding Sections 13-1 and 13-2 to Article I of Chapter 13 of the Oxnard City Code codifying compliance fees for firearms, alcohol, cannabis, and tobacco businesses.

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

Kathleen Mallory, Planning & Sustainability Manager presented and introduced Matthew Simpkins, Community Development Management Analyst. They were available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Ryan Underlin, Andy Conli, and Ned Davis.

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 Madrigal, seconded by Counci lmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

2. Public Works Department
16 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 6

SUBJECT: Fiscal Year 2023-24 Resolution #15,707 to Levy Assessments in Mandalay Beach Maintenance District.

RECOMMENDATION: That the City Council, acting as the legislative body for the Mandalay Beach Maintenance District:

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2023-24 assessments for the Mandalay Beach Maintenance District; and

2. Adopt
Resolution #15,707 to levy the special tax assessment for Fiscal Year 2023-24 within the Mandalay Beach Maintenance District for Fiscal Year 2023-24.

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

Eric L. Storrie, CPRP - Special Districts Manager presented and was available to answer 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 Councilmember Basua, seconded by Counci lmember Pe rello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

3. Public Works Department
SUBJECT: Fiscal Year 2023-24 Resolution #15,708 to Levy Assessments in the Waterways Maintenance District.

RECOMMENDATION: That the City Council, acting as the legislative body for the Waterways Maintenance District:

1. Hold a public hearing regarding proposed assessments for the Waterways Maintenance District for Fiscal Year 2023-24, and

2. Adopt
Resolution #15,708 to levy the special assessment on property within the Waterways Maintenance District for Fiscal Year 2023-24.

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

Eric L. Storrie, CPRP - Special Districts Manager presented and was available to answer 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. 17 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 7

Discussion ensued among the Council and staff.

It was moved by Councilmember Valenzuela Zavala, seconded by Counci lmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; motion passed 7-0.

4. Public Works Department
SUBJECT: Fiscal Year 2023-24 Landscape Maintenance Districts Adoption of Resolution #15,709 Confirming Diagrams and Assessments.

RECOMMENDATION: That City Council:

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2023-24 assessments in the City’s LMDs; and

2. Adopt “
Resolution #15,709 of the City Council of the City of Oxnard, California, Confirming Diagrams and Assessments for Fiscal Year 2023-24 in Connection with the City’s Landscape Maintenance Districts” which does not include District Nos. 3 and 13.

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

Eric L. Storrie, CPRP - Special Districts Manager presented and was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Ray Blattel.

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, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

5. Public Works Department
SUBJECT: Fiscal Year 2023-24 Landscape Maintenance Districts Adoption of a Resolution #15,710 Confirming Diagrams and Assessments for District No. 3.

RECOMMENDATION: That City Council:

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2023-24 assessments for LMD No. 3 (River Ridge); and

2. Adopt “Resolution #15,710 of the City Council of the City of Oxnard, California, Confirming Diagrams and Assessments for Fiscal Year 2023-24 in Connection with the City’s Landscape Maintenance District No. 3 River Ridge”

The City Clerk announced the affidavit of publication and stated that no written communications were received.
18 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 8

Eric L. Storrie, CPRP - Special Districts Manager presented and was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Douglas Partello (announced that he did not want to speak on this item).

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 Valenzuela Zavala, to approve the recommended action as present ed. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, and Valenzuela Zavala voted in favor ; motion passed 6-0-1.

M ayor Zaragoza recused d ue to owning
property in LMD No. 3.

6. Public Works Department
SUBJECT: Fiscal Year 2023-24 Landscape Maintenance Districts Adoption of a Resolution #15,711 Confirming Diagrams and Assessments for District No. 13.

RECOMMENDATION: That City Council:

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2023-24 assessments for LMD No. 13 (Le Village); and

2. Adopt “Resolution #15,711
of the City Council of the City of Oxnard, California,
Confirming Diagrams and Assessments for Fiscal Year 2023-24 in Connection with the City’s Landscape Maintenance District No. 13 (Le Village).”

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

Eric L. Storrie, CPRP - Special Districts Manager presented and was available to answer 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 Counci lmember Val enzuela Zavala, seconded by Counci lmember Madrig al, to approve the recommended action as present ed. VOTE: Basua, MacD onald, Madrigal, Teran, Valenzuela Zavala, and Zaragoza voted in favor ; motion passed 6-0-1.

Councilme mber Perello
recused from voting on this item due to owning property in LMD No. 13.

J. REPORTS

19 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 9

1. Public Works Department
SUBJECT: Resolution #15,712 Authorizing the Levy of Special Taxes within Community Facilities District No. 8 for the Fiscal Year 2023-24.

RECOMMENDATION: That the City Council acting as the legislative body for Community Facilities Districts (CFD) No. 8, adopt Resolution #15,712 entitled “Resolution of the City Council of the City of Oxnard Acting as the Legislative Body of Community Facilities District No. 8 (Sakioka Farms) of the City of Oxnard Authorizing the Levy of Special Taxes within Community Facilities District No. 8 (Sakioka Farms) for the Fiscal Year 2023-24.” Steve Howlett, Assistant Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by C ouncilmember Perello , seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

2. Finance Department
SUBJECT: Public Safety Property Tax Assessment FY 2023-24.

RECOMMENDATION: That the City Council adopts Resolution #15,713 establishing the FY 2023-24 tax rates on property in the City of Oxnard for the payment of voter-approved obligations related to public safety personnel pension expenses.

Mark Sewell, Assistant Chief Financial Officer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by M ayor Zaragoza , seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

3. Finance Department
SUBJECT: Annual Delegation of Investment Authority.

RECOMMENDATION: That the City Council adopt Resolution #15,714 delegating investment authority to the City Treasurer for FY 2023-24.

(The Finance and Governance Committee approved 3-0 on May 23, 2023.)

Mark Sewell, Assistant Chief Financial Officer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela
Zavala, and Zaragoza voted in favor; motion passed 7-0.

4. Finance Department
20 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 10

SUBJECT: Adoption of Fiscal Year 2023-24 Budget.

RECOMMENDATION: 1. That the City Council adopt the following resolutions:
a. Resolution #15,715 of the City Council of the City of Oxnard Approving the City Operating and Capital Improvement Budget for Fiscal Year 2023-24; b. Resolution #15,716 of the City Council of the City of Oxnard Authorizing Full-Time Equivalent Positions in the City Service Effective July 1, 2023, in accordance with the Operating Budget for the Fiscal Year 2023-24;
c. Resolution #15,717 of the City Council of the City of Oxnard Authorizing Classification and Salary Schedules and Approving the Attached Classification and Salary Schedule;
d. Resolution #15,718 of the City Council of the City of Oxnard Establishing Financial Management Policies;
e. Resolution #15,719 of the City Council of the City of Oxnard Establishing an Appropriation Limit for the Fiscal Year 2023-24; and
f. Resolution #15,720
of the City Council of the City of Oxnard Adopting a Master Fee Schedule; and

2. That the Housing Board of Commissioners adopt Resolution # HA 1341 Approving the Housing Authority's Operating Budget for the Fiscal Year 2023-24; and

3. That the City Council increase the appropriation in the Fiscal Year 2022-23 General Fund by $4,038,896, and increase revenues in the Water Operating Fund, with respect to the final Water Infrastructure Use Fee reimbursement payment.

Ashley Golden, Assistant City Manager presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Councilmember Pe rello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor ; motion passed 7- 0.

Housing A uthority Commissioners Jose
Andrade and Francisco Vega were absent.

5. Information Technology Department
SUBJECT: Renewal of Purchase Order 8022 with CompuWave, Inc. for the Purchase of Information Technology Goods and Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to renew Purchase Order 8022 for information technology goods and services with CompuWave, Inc., pursuant to a piggyback agreement from the County of Ventura Contract No. 8926, for an additional two-year term expiring June 30, 2025, and increasing the not to exceed amount from $1,600,000 to $2,600,000.

(Finance & Governance Committee approved 3-0 on May 23, 2023.)

Gary Krumian, IT Programmer Analyst presented and answered questions. No public comments were 21 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 11

received. Discussion ensued among the Council and staff.

It was moved by Mayor Pro T em MacDonald, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; motion passed 7-0.

6. Housing Department
SUBJECT: Authorize the Assessment and Collection of Fees within the Oxnard Downtown Management District for Fiscal Year 2023-2024.

RECOMMENDATION: That the City Council adopt Resolution #15,721 authorizing the assessment and collection of fees within the Oxnard Downtown Management District for Fiscal Year 2023-2024.

(This item did not originate in Committee.)
Emilio Ramirez, Housing Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Councilmember Valenzuela Zavala, to approve the recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran,
Valenzuela Zavala, and Zaragoza voted in favor; motion passed 7-0.

7. Public Works Department
SUBJECT: Fourth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

(Public Works and Transportation Committee approved 3-0.)

Brian Yanez, Assistant Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacD onald,
Madrigal, Perello, Teran, Valenzuela Zavala, and
Zaragoza voted in favor; motion passed 7-0.

8. Public Works Department
SUBJECT: Professional Services Agreement 32400003 with Northern Digital, Inc. (NDI) for Supervisory Control and Data Acquisition Systems (SCADA) Support Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. (NDI) for an amount not to exceed $1,000,000 for a 22 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 12

three year term for supervisory control and data acquisition (SCADA) support services for the water, wastewater, and recycled water systems.

(Public Works and Transportation Committee approved 3-0.) Joseph Marcinko, Assistant Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilme mber Perello, seconded by Counci lmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; motion passed 7-0.

9. Housing Department
SUBJECT: Oxnard Navigation Center Operating Agreement with Mercy House for fiscal year 2023-2024.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute the Oxnard Navigation Center Operating Agreement (Agreement Number 32400019) with Mercy House for the provision of shelter and navigation center operations in fiscal year 2023-2024, in the amount not-to-exceed $3,228,297;

2. Authorize the City Manager or designee to appropriate the use of PLHA funds in the amount of $1,328,297;

3. Authorize the City Manager or designee to appropriate the use of California State grant funds in the amount of $800,000.

(This item did not originate in Committee.)

Emilio Ramirez, Housing Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

10. Cultural & Community Services Department
SUBJECT: Agreement with the Oxnard School District for the Operations of the After- School Education and Safety Grant.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8528) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,680,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services. 23 JUNE 20, 2023 OXNARD CITY COUNCIL PAGE 13

Terrel Harrison, Cultural & Community Services Director presented and was available to answer questions. No public comments were received. Discussion ensued among the Council and staff.

A clerical error was made and the wrong agreement number was listed on the a genda for this item.

The correct number for this agreement with the Oxnard School District is (A-8528)

It was moved by Councilmember Basua, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor ; motion passed 6- 0-1.

Council member Teran recused due to his professiona l working relationship with the Oxnard School District.

K. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:41 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

24 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: July 18, 2023

TO: City Council

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

RECOMMENDATION

That the City Council approve and authorize:

1. $975,377.63 in Project funds for the Performing Arts Community Center Roof Replacement Project (Project No.

C2248);

2. The Mayor to execute an Agreement with Pacific Builders & Roofing, Inc., dba WSP Roofing in the amount of $750,290.48 for the Project;

3. A contingency amount of $150,058.10 with Pacific Builders & Roofing, Inc., dba WSP Roofing for a total not to exceed value of $900,348.58 for the Project; and

3. A Project allocation amount of $75,029.05 for engineering, inspection, survey and project management for the Project.

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 Performing Arts Community Center (PACC) located at 800 Hobson Way, Oxnard.

The roof has significant issues stemming from age. The building was constructed in the late 1960s and the last time the roof was replaced was 1991 for the Ventura Room, and 1993 for the Oxnard Room. A typical roof constructed of three ply with gravel has a useful life expectancy of 15-20 years, depending on many factors such as the original construction workmanship and the level of preventative maintenance performed. This roof is over 30 years old.

The roof sections requiring replacement are the Oxnard and Ventura rooms and the bathroom/entry building between them. The existing flat roof sections have many leaks with impacts on the inside walls and finishes, to include impacts to the facility’s staff and city 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 a new roof, we can prevent further interior deterioration, programming impacts, and other problems.

Additionally there are some minor structural modifications being made to the building to accommodate future HVAC equipment. Completing this roof project will enable future renovation projects for the building as laid out in the CIP under Appendix E: Non-Funded Projects.

Capital Improvement Program (CIP) Reference:
25 Project No. C2043/MO5602 – Performing Arts Community Center Roof Replacement Project, Specification No. PW 23- 34 - CIP 2022-2027 - Adopted May 3, 2022 – Page 17.

DISCUSSION

The specific work for this Project includes demolition of portions of the existing roofs including approximately 58 square feet of asbestos containing materials, and damaged roof decking. It also includes the installation of a new single ply PVC roofing system on flat-roof surfaces, structural enhancements at the building joint, structural reinforcement for future HVAC equipment, reworking roof drains and scuppers, and all other appurtenant and associated work in accordance with the contract documents.

The work is tentatively scheduled to begin in late Summer 2023 and continue into Winter 2023 (60 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 May 11, 2023, and all bids were due and opened on May 30, 2023. The City received three bids for the project and one was rejected as non-responsive. The responsive bids received are as follows:

Pacific Builders & Roofing, Inc., dba WSP Roofing: $750,290.48 Commercial Waterproofing Systems, Inc.,
dba ERC Roofing and Waterproofing: $943,206.30

The lowest bidder is Pacific Builders & Roofing, Inc., dba WSP Roofing, and its 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 subcontractor. 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.

In addition to the project award amount of $750,290.48, staff recommends authorizing $225,087.15 for the project, which includes $150,058.10 for project contingency (20% of the contract costs) and $75,029.05 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 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 $957,377.63.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this project shall not exceed $957,377.63 which includes the construction agreement, contingency and project allocation. There are sufficient project budget appropriations to fund this project.

26 Performing Arts Community Center Roof Replacement Project Project Fund Available
Project
Budget
American Rescue Plan Act (ARPA) - 204 $539,400
Measure O - 104 $290,200
Project C2043/MO5602
(merging with C2248/22AR32)
Tax Allocation Bond (TAB) Historical Enhancement
and Revitalization of Oxnard (HERO) - 315
$210,000
TOTAL AVAILABLE PROJECT BUDGET $1,039,600

For Finance Use Only: Measure O Fund (Org. 1041001 Obj. 59800), TAB HERO Fund (Org. 3151001 Obj. 59800) / Capital Outlay Fund (Org. 3015601) Project C2043
ARPA Fund (Org. 2041001 Obj. 59800) / Capital Outlay Fund (Org. 3015601) Project C2248

COMMITTEE OUTCOME

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

Prepared by: Nikolas Boas, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32400023_WSP Roofing (Pacific Bldrs dba)

27 Agreement No. 32400023

1 CONTRACT

CITY OF OXNARD CONTRACT FOR

PERFORMING ARTS COMMUNITY CENTER ROOF REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 23-34R

THIS CONTRACT (“Contract”) is made and ent ered this 18th day of July, 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 PERFORMING ARTS COMMUNITY CENTER ROOF REPLACEMENT PROJECT (REBID), Specification No. PW 23-34R (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 SEVEN HUNDRED FIFTY THOUSAND, TWO HUNDRED NINETY DOLLARS AND 48 CENTS ($750,290.48) 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.

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.

2 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 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]

29 Agreement No. 32400023

3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD CONTRACTOR

☒ John C. Zaragoza, Mayor1 Date John Tanner, C.E.O. 2 Date ☐ Jennifer Yates, Purchasing Manager

Scott E. Tanner, Secretary Date
ATTEST:

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 managers of the LLC (company directors, not lower‐level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐binding documentation stating who can sign and bind your company.

30 EX
A-1
XHIBIT A
A
Agreement N
o. 32400023
3 31

A-2
A
Agreement N
o. 32400023
3 32
Agreement No. 32400023

INS-E-1

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.

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.

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.

33 Agreement No. 32400023

INS-E-2

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. 34 Agreement No. 32400023

INS-E-3

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.

35 AC
PRODU

CODE

INSURED
COVE

THIS IS T O

REQUIREM

BY THE PO
CO
LTR

DESCRIPT

CERTIFIC
City of
8520 A
PMB 5
Indian

ORD C
UCER
D
ERAGES

O CERTIFY THAT T H

MENT, TERM OR CO N

OLICIES DESCRIBED

TYPE OF INSURA

GENERAL LIABILI
T
[x] COMMERCIAL
[x] CLAIMS MADE [
[x] OWNER'S & CON

AUTOMOBILE LIAB
[x] ANY AUTO

ALL OWNED AUT

SCHEDULED AUT

HIRED AUTOS

NON-OWNED AU
T

GARAGE LIABILI

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMB

WORKERS' COMP
E
AND

EMPLOYERS' LIABIL

OTHER
Errors and omi
architectural, e
Construction In

Contractors Po

ION OF OPERATIONS

CATE HOLDER
f Oxnard ℅
Allison Point
52150
napolis, India
CERTIF

SUB-CODE

HE POLICIES OF INS U

NDITION OF ANY C O

HEREIN IS SUBJECT
ANCE
TY

GENERAL LIABILIT
x] OCCUR.

NTRACTOR'S PROT.

BILITY
TOS
TOS
TOS
ITY
Y
M

BRELLA FORM

ENSATION
LITY
issions insuranc
engineering or
nsurance
ollution Liability

S/LOCATIONS/VEHIC
Evident ID, I
te Blvd Ste 2
ana 46250-42
FICAT
E

URANCE LISTED BEL O

ONTRACT OR OTHER

TO ALL THE TERMS,

POLICY NUM
Y

ce or malpractic
electrical wor k
y and/or Asbest

LES/RESTRICTIONS/S
nc.
23 299 US

TE OF I

THIS CE
UPON T
THE CO
COM
COMPA
LETTER
COMPA
LETTER

OW HAVE BEEN ISS U

DOCUMENT WITH R

EXCLUSIONS AND C

MBER POLICY
DATE (

ce insurance av
k will be perfo
tos Pollution Li

SPECIAL ITEMS
CANCEL
SHOULD

THE ISSU
NAMED
ANY KI
N
AUTH
Brok

I
the a b
compa

Signat
u
(origina

Teleph
INS-E-4
INSUR

ERTIFICATE IS ISS

THE CERTIFICAT E

OVERAGE AFFORD

MPANIES A
ANY

R A S P
ANY
R B

UED TO THE INSUR E

RESPECT TO WHICH T

CONDITIONS OF SUCH

Y EFFECTIVE

MM/DD/YY)
ailable for the i
rmed under th e
iability

LLATION

D ANY OF THE ABO V

UING COMPANY WI L

TO THE LEFT, BUT F

ND UPON THE COMPA

HORIZED RE
ker/Agent

ove-mentioned
any to this endors
ure
al signature requ
hone: ( )
RANCE

SUED AS A MATT E
E HOLDER. THIS

DED BY THE POLIC

AFFORDIN

PECIFY CO

ED NAMED ABOVE F

THIS CERTIFICATE M
H POLICIES. LIMITS

POLICY EXPIRA

DATE (MM/DD/Y

insured's profes
e Contract, Co u

VE DESCRIBED POLI C

LL ENDEAVOR TO M

FAILURE TO MAIL S U

ANY, ITS AGENTS OR

EPRESENTAT
Underwriter
(p r
insurance com p
sement.
uired)

A
E

ER OF INFORMAT

CERTIFICATE DO
CIES BELOW.

NG INSURA

MPANY NA

FOR THE POLICY PE R

MAY BE ISSUED OR

SHOWN MAY HAVE
ATION
YY)
LIMIT

GENER
PRODU
PERSON
EACH O
FIRE D
MED. E

COMBI
LIMIT
BODILY
(Per per
BODILY
(Per acc
PROPE

EACH O
AGGRE

STAT
U
EACH A
DISEAS
DISEAS
ssion; if
urse of

Minim
Each
& lis
Cou
r
Comp
Minim
Per cl

CIES BE CANCELED
MAIL 30 DAYS WRI T

UCH NOTICE SHAL L

R REPRESENTATIVES
TIVE
rint/type name), w
pany and by m y
Date Si gn
Agreement N
ISSUE

TION ONLY AND C

OES NOT AMEND ,

ANCE COV

AMES IN T

RIOD INDICATED, N O

MAY PERTAIN, THE

BEEN REDUCED BY
TS

RAL AGGREGATE
UCTS COMP/OP AGG.

NAL & ADV. INJURY

OCCURRENCE
AMAGE (Any one fire)
EXPENSE (Any one per

INED SINGLE

Y INJURY
rson)

Y INJURY
cident)

RTY DAMAGE

OCCURRENCE
EGATE

UTORY LIMITS

ACCIDENT

SE-POLICY LIMIT

SE-EACH EMPLOYEE
mum coverage
h consultant/
ted sub-consult
rse of Construct
pleted Value of
mum coverage
laim

BEFORE THE EXPI R

TTEN NOTICE TO TH E

L IMPOSE NO OBLIG A
S.
warrant that I ha
y signature here
ned
o. 32400023

E DATE (MM/DD/Y

CONFERS NO RIGH
, EXTEND OR AL T
VERAGE

THIS SPACE

OTWITHSTANDING A

INSURANCE AFFORD
PAID CLAIMS.
$2,000,00
$2,000,00
Y
$2,000,00
$2,000,00
)
$
rson)
$
$1,000,00
$
$
$
$
$
$1,000,00
$1,000,00
E
$1,000,00
$1,000,00
$500,00
tant
tion
f Project
$1,000,00

RATION DATE THER E

E CERTIFICATE HOL D

ATION OR LIABILIT Y

ave authority to b
on do so bind t

3 YY)
HTS
TER
E
ANY
DED
00 00

00 00

00 EOF,
DER
Y OF
bind
this
36 Agreement No. 32400023

INS-E-5

GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the "City")
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from)

LOSS ADJUSTMENT EXPENSE

(to)
Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED SAMPLE

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

Claims Made OTHER PROVISIONS
COMPREHENSIVE GENERAL LIABILITY Retroactive Date
OWNERS & CONTRACTORS PROTECTIVE Occurrence
LIABILITY LIMITS IN THOUSANDS $

COVERAGES
EACH

OCCURRENCE

AGGREGATE

GENERAL Underwriter=s representative for claims pursuant to this insurance.

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY
CLAIMS:

Name:

FIRE DAMAGE Address:

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD % Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 52 0
Indianapolis, Indiana 462500-4299 US

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

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

37 AUT
FOR

PROD
Telepho

NAME

TYP
CO M
BU S
OT H
LIMI

In cons
hereafte

1. products

2. the City
employe
insuranc

3. compan
not so in

4. thirty (30

5. affect co

6. Except
attached
END
City o
8520
PMB
India

TOMOBIL

R THE CITY
DUCER
one:

ED INSURED

E OF INSU

MMERCIAL AUTO

SINESS AUTO POL
HER

T OF LIAB
pe
ideration of the p r
er attached thereto
INSURED. The
s and activities per

CONTRIBUTIO
y; or (c) premises l e
ees or volunteers;
ce maintained by th

SEVERABILITY
ny’s limits of liability
ncluded.

CANCELLATIO
0) days prior writte

PROVISIONS R
overage provided to

SCOPE OF CO
a) Insuranc
b) If exces s
as stated above no
d.

DORSEMEN
of Oxnard ℅
Allison Poin
52150
napolis, Indi

LE LIABIL

Y OF OXNA
D
URANCE
POLICY
LICY
BILITY
er accident, for bo
remium charged a n
, insurance compan
City, its officers, a
rformed by or on be

N NOT REQUIRE
eased by the nam e
or stand in an u n
he City, its officers,
Y OF INTEREST.
y. The inclusion o f
ON NOTICE. With
n notice by receipte

REGARDING THE
o the City, its office
OVERAGE. This po
e Services Office A
s, affords coverage
othing herein shall

NT HOLDE
Evident ID,
nte Blvd Ste 2
ana 46250-4

LITY SPE
ARD (the “C
odily injury and pr
nd notwithstandin g
ny agrees as follow
agents, volunteers a
ehalf of the named
D. As respects: (a)
ed insured from th e
nbroken chain of c
agents, employee
This insurance a
f any person or or g
respect to the int e
ed delivery has bee
INSURED’S DUTI
ers, agents, employ
olicy, if primary, affo
Automobile Liability
which is at least as
be held to waive,
R
Inc.
223
299 US

ECIAL EN
City”)
operty damage.
g any inconsistent
ws:
and employees are
insured.
) work performed b
e City, the insuran c
coverage excess o
es or volunteers sha
applies separately
ganization as an in
erests of the City,
en given to the City
IES. Any failure to
yees or volunteers.
ords coverage at le
y Coverage, “occurr
s broad as the prim
alter or extend an y
INS-E-6
DORSEM

POLICY INF
Insurance Comp
Policy No.:

Policy Period: (fr

LOSS ADJUSTM
In Addition to L
Deductible
with an Aggregat
coverage. Pe

APPLICABIL
of the named ins
checked here
City are covered

CITY AGREEM

O
C
i
N
A

T
statement in the p
e included as insu r
by the named insur
ce afforded by thi s
of the named ins u
all be in excess of t
to each insured a
sured shall not affe
this insurance sh a
y.
o comply with repor
east as broad as:
rence” form CA000
mary insurance form
y of the limits, con d

AUTHORIZE
Broker/Agent

I
bind the above-m
company to this en

Signature
(original signature

Telephone: (

MENT

FORMATION
pany:
rom)

MENT EXPENSE
Limits
Self-Insured Re
te of $
er Occurrence
LITY. This insura
sured under all writ
in which case onl
d:

MENTS/PERMIT

OTHER PRO
CLAIMS: Unde r
insurance.

Name:

Address:

Telephone: ( )
policy to which th i
reds with regard t o
red for or on behalf
s policy shall be p r
ured’s scheduled u
this insurance and
against whom clai m
ect any right which
all not be cancele d
rting provisions of t
01, code ("any auto
m referenced in the
ditions, agreements

ED REPRESE
Underwrite

mentioned insuranc
ndorsement.
e required)
)
A

SUBMIT IN

ENDORSEME

N:
(to)
Included in Limit
etention (check wh
applies to
Per Claim
ance pertains to t h
tten agreements a
y the following sp e
TS

OVISIONS
rwriter’s represen
is endorsement is
o liability and defe n
f of the City; or (b)
rimary insurance as
underlying primar y
shall not contribute
m is made or suit
h such person or o r
d, or materially red
the policy or breac
o"); or
e preceding section
s or exclusions of t

ENTATIVE
er
(print/type n a
e company and b y
D a
Agreement N

DUPLICATE
NT NO.

ISSUE
ts
hich) of $
(which)
he operations, pro d
nd permits in force
ecific agreements
tative for claim s
attached or any e
nse of suits arising
products sold by t
s respects the Cit y
coverage. In eit h
e with it.
is brought excep t
rganization would h
uced in coverage
hes or violations of
(1).
the policy to whic h
ame), warrant tha t
y my signature he
ate Signed
o. 32400023

E DATE (MM/DD/YY
ducts and/or tenan
e with the City unl e
and permits with t
s pursuant to t h
endorsement now
from the operation
he named insured
y, its officers, agen
her event, any ot h
t with respect to t
have as a claimant
or limits except af t
f warranties shall n
h this endorsement
t I have authority
reon do so bind t h
3 Y)

cy
ss
he
his

or
ns,
to
ts,
her
he
t if
ter
not
is

to
his

38 Agreement No. 32400023

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), St ate of California, has awarded to PACIFIC BUILDERS & ROOFING, INC. dba WSP ROOFIN G, 8150 Sierra College Boulevard, Suite 290, Roseville, CA 95661 (“Principal”) , a contract (the “Contract”) for the Work described as

PERFORMING ARTS COMMUNITY CENTER ROOF REPLACEMENT PROJECT (REBID), Specification No. PW 23-34R.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors a nd administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of SEVEN HUNDRED FIFTY THOUSAND TWO HUNDRED NINETY DOLLARS AND 48 CENTS ($750,290.48), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United Stat es of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforci ng this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 39 Agreement No. 32400023

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

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

Dated:

“Principal”

PACIFIC BUILDERS & ROOFING, INC.,
dba WSP ROOFING

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 40 Agreement No. 32400023

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to PACIFIC BUILDERS & ROOFING, INC. dba WSP ROOFING, 8150 Sierra College Boulevard, Suite 290, Roseville, CA 95661 (“Principal”), a contract (the “Contract”) for the Work described as PERFORMING ARTS COMMUNITY CENTER ROOF REPLACEMENT PROJ ECT (REBID), Specification No. PW 23- 34R.

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

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of SEVEN HUNDRED FIFTY THOUSAND TWO HUNDRED NINETY DOLLARS AN D 48 CENTS ($750,290.48), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void two (2) years from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the 41 Agreement No. 32400023

Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

D a t e d :

“Principal”

PACIFIC BUILDERS & ROOFING, INC.,
dba WSP ROOFING

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

42 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: July 18, 2023

TO: City Council

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

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $295,024.01 in Project funds for the Community Center Park East Playground Improvement Project (Rebid #3), Specification No. PW 22-117R3;

2. The Mayor to Execute an Agreement with Blackpointe Group Construction and Management, Inc. in the amount of $245,854.01 for the Project;

2. A Project contingency amount of $24,585.00 (10%) with Blackpointe Group Construction and Management, Inc. for a total not to exceed value of $270,439.01 for the Project; and

3. A Project allocation amount of $24,585.00 for engineering, inspection, survey and project management for the Project.

BACKGROUND

The existing playground equipment at Community Center Park East has reached the end of its useful life and is in need of replacement. The new playground equipment and playground surface covering will help enhance the amenities at the park and enhance the safety of children using the new playground equipment.

The work includes removal and disposal of existing playground equipment, concrete supports, and playground surface coverings and the installation of new City owned playground equipment, concrete supports, playground surface coverings and all other associated work.

The Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to remove and dispose of existing playground equipment and surfaces, transport and install new City owned playground equipment, and furnish and install new playground surfaces.

Capital Improvement Program (CIP) Reference:

Project Nos. C1810 – Community Center Park East Playground Improvement Project, PW 22-117R3 and C2220/C2239 - Playground Replacement Program - CIP 2022-2027 - Adopted May 3, 2022 – Pages 26 and 36.

DISCUSSION

The specific work for this Project includes removal and disposal of existing playground equipment, concrete supports, 43 and playground surface coverings and the installation of new City owned playground equipment, concrete supports, playground surface coverings, and all other appurtenant and associated work in accordance with the Contract Documents.

Previous improvements at Community Center East Park include the installation of security lighting and the construction of a new Exeloo restroom. As more funding becomes available, and staffing resources, future park improvements will include parking lot resurfacing and installation of new park amenities.

The work is tentatively scheduled to begin on August 21, 2023 and continue to December 4, 2023 (70 working days), absent any supply chain issues or unforeseen conditions. Staff will work closely with the Parks Manager and area residents to keep them informed of the schedule.

This project has been bid a total of two times previously due to various factors including installer certification requirements and CDBG funding requirements. The notice inviting formal bids (NIFB) for the rebid on the Project was published on April 13, 2023, and all bids were due and opened on May 18, 2023. The City received six bids for this project and three were rejected as non responsive. The following bids are responsive to the NIFB:

Blackpointe Group Construction & Management, Inc.: $245,854.01 R.E. Schultz Construction, Inc.: $264,716.00 NoHo Constructors: $275,000.00

The lowest bidder is Blackpointe Group Construction & Management, Inc. and its bid is responsive to the City’s NIFB.

Following this determination, procurement staff reviewed all documentation received from Blackpointe Group Construction & Management, Inc. 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 Blackpointe Group Construction & Management, Inc..

In addition to the project award amount of $245,854.01, staff recommends authorizing $49,170.00 for the project, which includes $24,585.00 for project contingency (10% of the contract costs) and $24,585.00 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $295,024.01.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this phase of the Project (C1810) is $295,024.01 which includes the construction agreement, contingency, and project allocation for the scope of work noted above. Due to the increased costs of goods and services, the funds in the Community Center Park East Playground Improvement (C1810) from Community Development Block Grant (CDBG) funds have been exhausted with previous phases. Those previous phases included the purchase and installation of an Exeloo restroom unit and the purchase of new playground equipment as well as the associated engineering and design fees.

As an alternative funding source, there is approximately $4,547,886 in available project appropriations in the Playground Replacement Project No. C2220/C2239, of which $1,655,245 (Capital Outlay Fund (301) funded via General Fund (101)) is eligible to fund Project No. C1810.

Staff recommends using this funding source to finalize this phase of the Community Center Park East improvements (Project C1810) as Project C2220/C2239 is a general park improvement project. Furthermore, Project C2220/C2239 received an additional $1M in funding in FY 2023-24, which allows Project C2220/C2239 to continue as planned. 44 For Finance Use Only: General Fund (Org. 1011001 Obj. 59800) / Capital Outlay Fund (Org. 3013301) Project C2220

COMMITTEE OUTCOME

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

Prepared by: Nikolas Boas, Supervising Civil Engineer

ATTACHMENTS

1. 32400022 Blackpointe PW 22-117R3

45 Agreement No. 32400022

1 CONTRACT

CITY OF OXNARD CONTRACT FOR
COMMUNITY CENTER PARK EAST PLAYGROUND IMPROVEMENT PROJECT (REBID #3) SPECIFICATION NO. PW 22-117R3
HUD AGREEMENT NO. B-18-MC-06-0534

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and BLACKPOINTE GROUP CONSTRUCTION A ND MANAGEMENT, INC. (“Contractor”).

Contractor’s license number is 969297.

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
● Grant and Federal Provisions
● Special Provisions
● Supplemental Special Provisions
● Plans, Standard Plans
● Greenbook
● Appendix No. 1 – GameTime Play Equipment Owner’s Manual and Installation Guide ● Appendix A “HUD LR01.DG Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects”
● Appendix B “Davis Bacon Act Wage Decision”
● Appendix C “Section 3 Business Interest Forms”
● Appendix D, “Federal Labor Standards Provisions Form HUD 4010” ● Appendix E “HUD Agreement Nos. B-18-MC-06-0534”
● Appendix F “Inter-Departmental Agreement for Use of CDBG Funds” ● Exhibit A Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award)
● HUD-51000 Schedule of Amounts for Contract Payments (Exhibit B) ● HUD-5369-A Representations, Certifications, and Statements of Bidders ● Insurance documentation as set forth in Exhibit INS-G ● Bonds
● City business license
● Permits from regulatory agencies
● Addenda
● Change Orders and Supplemental Agreements

The documents above are incorporated herein by refer ence and are included as part of the Contract Documents.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as COMMUNITY CENTER PARK EAST PLAYGROUND IMPROVEMENT PROJECT (REBID #3), Specification No. PW 22-117R3, HUD Agreement No. B-18-MC-06-0534, (“Project”), as described in this Contract and in the incorporated Contract Documents. This Project is funded in part by Community Development Block Grant funds (“CDBG”) from the United States 46 Agreement No. 32400022

2 Department of Housing and Urban Development (“HUD”) and the Project is subject to, and must comply with, the applicable requirements of HUD Agreement No. B-18-MC-06-0534 attached and incorporated by reference as Appendix E and the City of Oxnard Inter-Departmental Agreement No. 8470-18-HO for use of CDBG Funds attached and incorporated by reference as Appendix F.

3. Compensation. In consideration of the serv ices rendered hereunder, City shall pay Contractor a not to exceed amount of TWO HUNDRED FO RTY FIVE THOUSAND EI GHT HUNDRED FIFTY FOUR DOLLARS AND ONE CENT ($245,854.01) in accor dance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, t he 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 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.

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 modi fication, amendment or supplement to this Contract other than Change Orders will be binding unless writt en and signed by the parties’ duly authorized representatives.

47 Agreement No. 32400022

3 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 transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.

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

CITY OF OXNARD BLACKPOINTE GROUP CONSTRUCTION
AND MANAGEMENT, INC.

☐ John C. Zaragoza, Mayor1 Date Laurel Schittone, CEO 2 Date ☐ Purchasing Manager

Victor Schittone, Secretary Date
ATTEST:

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 si gn 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 managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the a bove-listed persons are not t he appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

48 EXHIBIT A
49 50
form HUD-51000 (7/97)
ref Handbooks 7417.1 and 7485.1Previous editions are obsolete U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Schedule of Amounts for
Contract Payments

Page 1 ends

No progress payments shall be made to the contractor unless a schedule of amounts for contract payments in accordance with the construction contract is received.

Total Amount of Contract or Carried Forward $
To the best of my knowledge, all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) OMB Approval No. 2577-0157
(Exp. 11/30/2023)
Signature of authorized represenative Date signed (mm/dd/yyyy) Project Name and Location Project Number
Name, Address, and Zip Code of Contractor
Nature of Contract Contract Number
Approved for Contractor by Title Date (mm/dd/yyyy)
Approved for Architect by Title Date (mm/dd/yyyy)
Approved for Owner by Title Date (mm/dd/yyyy)
Item Unit of Unit Price Amount of Amount of
No. Description of Item Quantity Measure in Place Sub-Item Principal Item (1) (2) (3) (4) (5) (6) (7)
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new lowincome housing developments or modernization of existing developments.

These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

EXHIBIT B - HUD-51000 SCHEDULE OF AMOUNTS FOR CONTRACT PAYMENTS 51 form HUD-51000 (4/20)
ref Capital Fund Guidebook Previous editions are obsolete Bond
General Conditions
Demolition & Clearing
Structures
General Excavation
Footing Excavation
Backfill
Foundation Piles & Caissons
Concrete Foundations
Concrete Superstructures
Reinforcing Steel
Waterproofing & Dampproofing
Spandrel Waterproofing
Structural Steel
Masonry
Stonework
Miscellaneous & Ornamental Metal
Metal Windows
Roofing
Sheet Metal
1 2
3 4
5 6
7 8
9 10
1 1
12 13
14 15
16 17
18 19
Master List of Items
Item No. Division of Work Item No. Division of Work Item No. Division of Work 20 Rough Carpentry
21 Metal Bucks
22 Caulking
23 Weatherstripping
24 Lath & Plastering-Drywall
25 Stucco
26 Finish Carpentry
27 Finish Hardware
28 Glass & Glazing
29 Metal Doors
30 Metal Base & Trim
31 Toilet Partitions
32 Floors
33 Painting & Decorating
34 Screens
35 Plumbing
36 Heating
37 Ventilating System
38 Electrical
39 Elevators
40 Elevator Enclosures—Metal
41 Incinerators—Masonry & Parts
42 (Other)
43 (Other)
Site Improvements
44 Retaining Walls
45 Storm Sewers
46 Sanitary Sewers
47 Water Distribution System
48 Gas Distribution System
49 Electrical Distribution System
50 Street & Yard Lighting
51 Fire & Police Alarm System
52 Fire Protection System
53 Street Work
54 Yard Work
55 (Other)
56 (Other)
Equipment
57 Shades & Drapery Rods
58 Ranges
59 Refrigerators
60 Kitchen Cabinets & Work Tables
61 Laundry Equipment
62 (Other)
63 Punch List \2
64 Lawns & Planting
1 General Conditions should be 3% to 5% of contract amount. 2 Punch List should be approximately 1/2 of 1% or $30 per dwelling unit, whichever is greater.

Instructions for Preparation of form HUD-51000

1. A separate breakdown is required for each project and prime contract instructions for preparation are given below.
a. Heading. Enter all identifying information required for both forms.
b. Columns 1 and 2. In column 1, enter the item numbers starting with No. 1, and in column 2 enter each principal division of work incorporated in the contract work.
(1) Master List. The Master list contains the basic items into which any construction contract may be subdivided for the purpose of preparing the Construction Progress Schedule and the Periodical Estimates for Partial Payments. Only those items shall be selected which apply to the particular contract. To ensure uniformity, no change shall be made in the item numbers. Generally, about 25 to 40 major items appear in a contract.
(2) Items Subdivided. In the Contractor's breakdown, against which all periodical estimates will be checked prior to pay- ment, each major item must be subdivided into sub-items pertinent to the project involved and in agreement with the Contractor's intended basis for requesting monthly pay- ments.
c. Column 3. Enter the total quantity for each sub-item of each principal division of work listed in the breakdown.
d. Column 4. Enter the appropriate unit of measure for each sub- item of work opposite the quantities described in column 3, such as “sq. ft.,” “cu. yd.,” “tons,” “lb.,” “lumber per M/BM,” “brickwork per M,” etc., applicable to the particular sub-item. Items shown on “lump sum” or equivalent basis will be paid for only on completion of the whole item and not on a percentage of completion basis.
e. Column 5. Enter the unit price, in place, of each sub-item of work.
f. Column 6. Enter the amount of each sub-item obtained by multiplying the quantities in column 3 by the corresponding unit prices in column 5.
g. Column 7. Enter the amount of principal item only, obtained by adding the amounts of all sub-items of each principal division of work listed in column 6. Continue with the breakdown on form HUD-51000.
h. The “Schedule of Amounts for Contract Payments” shall be signed and dated in the space provided at the bottom of each sheet of the form by the individual who prepared the breakdown for the Contractor.

2. The minimum number of copies required for each submission for approval is an original and two copies. When approved, one fully approved copy will be returned to the Contractor.
52 53
Agreement No. 32400022

Exhibit INS-G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be pe rformed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have n ot received your request or are having difficulty with electronic upload, contact [email protected]

3. Contractor agrees that all insurance coverages shall be provi ded by a California admitted insurance carrier with an A.M.

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

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

6/23

54 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insuran ce 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 the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-G.doc

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
Rev. 6/23 INS-G.doc
56 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



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

Name:

Address:

Telephone: ( )

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.

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

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

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, conditi ons, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 6/23 INS-G.doc
57 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

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

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

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

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

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

ENDORSEMENT HOLDER

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 6/23
58 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as COMMUNITY CENTER PARK EAST PLAYGROUND IMPROVEMENT PROJECT (REBID #3), SPECIFICATION NO. PW 22-117R3, HUD AGREEMENT NO. B-18-MC-06-0534.

NOW, THEREFORE, we, the undersigned Principal, and

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 59 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Dated:

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety comp anies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amen ded) and be authorized to transact business in the State of California.
60 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as COMMUNITY CENTER PARK EAST PLAYGROUND IMPROVEMENT PROJECT (REBID #3) SPECIFICATION NO. PW 22-117R3 HUD AGREEMENT NO B-18-MC-06-0534.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, 61 extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

D a t e d :

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
62 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Grant Application Resolution for FY 2023 Consolidated Appropriations Act Community Project Funding Application.

RECOMMENDATION

That the City Council adopt a resolution:

1. Authorizing the City Manager or designee to submit a grant application to the U.S. Environmental Protection Agency for $2,846,400 (no local match) in Community Project Funding for the City of Oxnard Water Pipeline Replacement Project;

2. Authorizing the City Manager or designee to execute grant agreements;

3. 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

4. Authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)

BACKGROUND

In 2022, the House Appropriations Committee in Washington D.C. announced that it would accept a limited number of Community Project Funding (CFP) requests for consideration for FY 2023. Congresswoman Julia Brownley’s office requested that the City submit CFP proposals that would be considered for this program.

The City considered multiple projects to propose, in terms of their fit within the Community Project Funding program.

An application was submitted to Congresswoman Brownley’s office for the City’s Kamala and Hobson Parks East Neighborhoods Cast Iron Pipe Replacement Project. Cast iron pipe water lines within the City are typically over 50 years old, in poor physical condition, and beyond their service life. The City has defined replacement projects by neighborhood and prioritized them according to pipe and asphalt conditions.

The project involves engineering design and construction of new water mains in various locations throughout the Kamala and Hobson Neighborhoods. The full scope of work will replace approximately 57,000 linear feet of existing cast iron pipe water distribution mains (ranging from 8” to 12” in diameter) including associated valves, fire hydrants, services, and other appurtenances.

DISCUSSION

The project was ultimately included as a community water infrastructure project identified as a Community Project Funding item in the FY 2023 Consolidated Appropriations Act, earmarked for $2,846,400 as the City of Oxnard Water Pipeline Replacement Project. The bill then cleared the House and Senate, and was signed into law by the President.

The project is specifically focused on replacing infrastructure that has reached the end of its useful life, increasing system 63 reliability, and completing underground work in preparation for road resurfacing. A design consultant has been tasked with the following:
• Develop a comprehensive preliminary design report (PDR) outlining the pipeline alignment alternatives, pipe material selection, and trenchless construction technology selection for the new pipeline. • Provide a complete set of design drawings, specifications, and bid documents that incorporate the results of the PDR.
• Provide a bid item list with a construction cost estimate to be used for budgetary purposes by the City. • Provide bid and construction phase services and support. • Develop record drawings representing the final installation.

If awarded this grant, portions of the design costs eligible for the grant from a timing standpoint will be paid using the grant funds. Costs incurred prior to receiving the grant award are eligible for reimbursement if the advertisement and award are in conformance with the federal procurement regulations. After the completion of the design, and complete funding has been secured, the project will be advertised for construction. An award of a construction contract will be brought back for the Council’s consideration as appropriate. Any grant funds not used during the design phase are recommended to be used to fund part of the construction costs.

In order to receive this specific funding, the City must submit a grant application package. The attached resolution authorizes the grant application submittal by staff.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no direct financial impact for this recommendation action. Upon notification of successful award, City staff will appropriate the grant award into the Fiscal Year 2023-24 Federal Grants Fund along with transfers to appropriate capital fund(s) as necessary. Due to the City meeting the disadvantaged community criteria of the program, no matching funds will be required. Staff has submitted a cost-share waiver to the U.S. EPA for the project.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Resolution

64 CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAPPROVINGTHESUBMITTALOFAGRANTAPPLICATIONFORFY2023CONSOLIDATEDAPPROPRIATIONSACTCOMMUNITYPROJECTFUNDINGWHEREAS,OxnardCityCouncilResolutionNo.12,053setsouttheprocedurebywhichCitystaff maysubmitgrantapplications,followingapprovalbyresolutionoftheCityCouncil;and WHEREAS,thePublicWorksDepartmenthasrequestedthatCityCouncilapprovethesubmittalofanapplicationtotheUnitedStatesEnvironmentalProtectionAgencyfor$2,846,400in FY2023ConsolidatedAppropriationsActCommunityProjectsFundingfortheCityofOxnardWaterPipelineReplacementProject; NOW, THEREFORE,theCityCounciloftheCityofOxnardresolvestoapprovethesubmittalof a grantapplicationby the CityManagerto theUnitedStatesEnvironmentalProtectionAgencyforthe Cityof OxnardWaterPipelineReplacementProject.TheCityCouncilfurtherresolvesthattheCityManageror designeeis authorizedto executegrantagreements;theFinanceDirectorordesigneeisauthorizedtosubmitfinancialreportsandgrantclaimsandapprovebudgetappropriationsfortheuseofgrantfunds;andtheDirectorofPublicWorksordesigneeisauthorizedtosubmitnon-financialreports.

PASSEDANDADOPTEDTHIS18thdayofJuly, 2023,bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________JohnC.Zaragoza,Mayor
65 ResolutionNo.GRANTAPPLICATIONFORFY2023CONSOLIDATEDAPPROPRIATIONSACTCOMMUNITYPROJECTFUNDINGPage2 ATTEST:
___________________________RoseChaparro,CityClerk
APPROVEDASTOFORM:
___________________________StephenM.Fischer, CityAttorney 66 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Third Amendment to Lease Agreement A-5300 with Cingular Wireless.

RECOMMENDATION

That the City Council approve the Third Amendment to the "Roof Top" Revenue Lease Agreement A-5300, for a five year term with one option term, with Cingular Wireless, for a cell tower located at 300 W. 3rd Street in Oxnard.

(Public Works and Transportation Committee approved 3-0.)

BACKGROUND

On November 19, 1996, the City of Oxnard (Landlord) entered into Lease Agreement A-5300 (Agreement) with Cingular Wireless (Tenant) for the installation, maintenance, and use of a rooftop antenna located at 300 West Third Street, Oxnard, CA. The original term was for 5 years and seven 3 year extensions at a lease rate of $1,700 per month.

The Agreement was first amended on August 1, 2006. The First Amendment increased the lease rate to $2,500 per month.

The Agreement was amended again on April 1, 2015. The Second Amendment clarified the language of the original Agreement by granting rooftop access to the Tenant 24 hours a day and 7 days a week with a minimum of 45 minutes’ notice.

DISCUSSION

This Agreement expired on November 30, 2022. However, both parties agreed to continue on a “month-to-month” basis while developing this Third Amendment.

The Third Amendment extends the Agreement for 5 more years and has an option to extend another 5 years, commencing on April 30, 2028, and expiring on May 1, 2033. The Tenant may choose to not continue the 5-year option term provided they submit a notification in writing to the City at least sixty (60) days prior to April 30, 2028. All other conditions for termination remain in effect per the original 1996 Agreement.

City staff negotiated a better lease rate to be part of the amendment. This Amendment will increase the rate to $3,535.73 per month and has an annual inflator of 3% during the term of this Amendment.

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

67 This Amendment increases the monthly lease to $3,535.73 starting May 1, 2023. The monthly payments for May and June will be billed if the Third Amendment is approved by the City Council. Each December thereafter, the monthly lease payments will increase by 3% per year.

For Finance Use Only: The revenue from this Agreement is collected in the Facilities Maintenance Fund (7353740- 43300).

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 27, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 10086895_3rd Amdt_AT&T Signed

2. A-5300 Original, 1st and 2nd Amendments

3. Lease Site Image 1

4. Lease Site Image 2

68 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

THIRD AMENDMENT TO OPTION AND ROOFTOP LEASE AGREEMENT

THIS THIRD AMENDMENT TO OPTION AND ROOFTOP LEASE AGREEMENT (“Third Amendment”), dated as of the latter of the signature dates below (the “Effective Date”), is by and between the City of Oxnard, a municipal corporation, having a mailing address of 305 West Third Street, Oxnard, CA 93030 (hereinafter referred to as “ Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as successor-in-interest to AT&T Wireless Services of California, Inc., a Delaware corporation, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as “Tenant”).

WHEREAS, Landlord and Tenant (or its predecessor -in-interest) entered into an Option and Rooftop Lease Agreement dated November 19, 1996, as amended by the First Amendment to Option and Rooftop Lease Agreement dated August 1, 2006, and the Second Amendment to Option and Rooftop Lease Agreement dated April 1, 2015 (hereinafter, collectively referred to as the “ Agreement”), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 300 West Third Street, Oxnard, CA 93030; and

WHEREAS, the Agreement expired on November 30, 2022, however the parties are performing under this Agreement on a month to month basis, and mutually desire to amend the Agreement, memorialize such renewal period and modify certain terms and conditions as stated herein; and

WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement; and

WHEREAS, the parties desire to amend the Agreement to modify the notice section of the Agreement; and

WHEREAS, the parties desire to amend the Agreement to modify the R ent section of the Agreement; and

WHEREAS, the parties agree the following sections from the Agreement are still in effect and incorporated into this Amendment as though fully set forth herein: 1996 Agreement Sections (B)(6), (B)(8) through 17, (B)(19) through (23), (B)(25) and (B)(27); 2006 First Amendment Sections, 1, 2, and 5 through 9; 2015 Second Amendment Section 1; and

WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirety an d further agree as follows:

1. New Lease Term. The term of the Agreement shall be amended to provide that the Agreement has a new term of five (5) years (“New Term”) commencing on May 1, 2023.

69 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

2. OptionTerm. C ommencing on April 30, 2028, Tenant is granted one five (5) year option term (“Additional Renewal Term”), upon the same terms and conditions of the Agreement, as amended herein, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the new lease term in section 1 of this amendment. .

3. Rent. Commencing on December 1, 2022, the Rent payable under the Agreement shal l be Three Thousand Five Hundred Thirty-Five and 73/100 Dollars ($3,535.73) per month and shall continue during the New Term, subject to adjustment as provided herein. Parties reserve the right to renegotiate the R ent if the parties agree to exercise an Additional Renewal Term.

4. Future Rent Increase. Commencing on December 1, 2023, and on each subsequent December 1 thereafter throughout the New Term or Additional Renewal Term, Rent shall increase by three percent (3.0%) over the Rent paid during the previous year.

5. Relocation of Antenna Facilities. Notwithstanding any language in the Agreement to the contrary, if Landlord determines it necessary to relocate the Antenna Facilities due to repairs (including seismic repairs) or because the Premises are being demolished, Tenant has the option to relocate its Antenna Facilities to another building on Landlord-owned property, located no further than three (3) blocks from the existing Premises (“Relocation Premises”), so long as the Relocation Premises is str ucturally and technologically compatible with the Tenant’s communications operations. Landlord shall have the right to require Tenant to relocate the Antenna Facilities during the new lease term and/or the option term upon 24 months’ notice to tenant. Landlord‘s right to require Tenant’s relocation of the Antenna Facilities is limited to a single request during the new lease term or option term, subject to the following provisions:

(a) All reasonable costs and expenses associated with or arising out of such relocation (including costs associated with any required tests of the Relocation Premises) shall be paid by Tenant; (b) Such relocation will be performed exclusively by Tenant or its agents; (c) Such relocation will not unreasonably result in any interruption of the communications service of Tenant on the Property;
(d) Such relocation will not impair, or in any manner alter, the quality of communications service provided by Tenant on and from the Property; and
(e) Landlord will waive all fees associated with Governmental Approvals for the Relocation Premises.

Unless a state of emergency is declared at the state or federal level that includes the City of Oxnard because of earthquake damage, Landlord shall provide Tenant with a minimum of twelve (12) months’ notice of the need to relocate Tenant’s Antenna Facilities to a new location and Tenant shall relocate its Antenna Facilities, in good faith and will use its commercially reasonable efforts to relocate within th at time frame.

Should Landlord and Tenant not come to a mutual agreement on the Relocation Premises within sixty (60) days of Tenant’s receipt of Landlord’s relocation notice, the Agreement may be terminated by either party, without penalty. Upon receiving notice by Landlord requiring relocation of the Antenna Facilities to the Relocation Premises, Tenant shall have the right to place a temporary cell site on wheels (“COW”) on the Property upon removal of the existing facility and during the twelve (12) month notice period, and for up to six (6) months after, at a mutually acceptable location so that Tenant can continue to provide communications service from such location. Landlord agrees to respond in good faith to a request to extend this period upon a showing of good cause and active construction of a replacement facility on Landlord’s property.

70 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

6. Acknowledgement. Landlord acknowledges that: 1) this Third Amendment is entered into of the Landlord’s free will and volition; 2) Landlord has read and unde rstands this Third Amendment and the underlying Agreement and, prior to execution of this Third Amendment, was free to consult with counsel of its choosing regarding Landlord’s decision to enter into this Third Amendment and to have counsel review the terms and conditions of this Third Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Third Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect.

7. Notices. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following:

NOTICES: All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

If to Tenant:

New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site No.: SBOV37; Cell Site Name: SBOV37-01 CENTRAL OXFORD (CA) Fixed Asset No.: 10086895
1025 Lenox Park Boulevard NE 3rd Floor
Atlanta, GA 30319

With a required copy of the notice sent to:

New Cingular Wireless PCS, LLC
Attn: Legal Department- Network Counsel
Re: Cell Site No.: SBOV37; Cell Site Name: SBOV37-01 CENTRAL OXFORD (CA) Fixed Asset No.: 10086895
208 South Akard Street
Dallas, TX 75202-4206

The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.

As to Landlord:

City of Oxnard
305 West Third Street
Oxnard, CA 93030

Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

8. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges w ere incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement.

9. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control. Except as 71 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

expressly set forth in this Third Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Third Amendment. The original 1996 Agreement and subsequent amendments are attached to this Third Amendment in Exhibit 1.

10. Exhibit 2. A Memorandum of Third Amendment to the Lease is attached as Exhibit 2 and is not intended to amend or modify the Agreement or Third Amendment. It is limited to the sole purpose of for recording a fixed asset with the applicable County Recorder’s Office.

11. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.

[SIGNATURES APPEAR ON THE NEXT PAGE]
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Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

LANDLORD ACKNOWLEDGMENT

State of California
County of )

On before me,
(insert name and title of the officer)

personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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76 EXHIBIT 1

1996 ROOFTOP LEASE AND OPTION
AGREEMENT; 2006 FIRST AMENDMENT
TO ROOFTOP LEASE: SECOND

AMENDMENT TO ROOFTOP LEASE

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EXHIBIT 2
Recording Document Entitled
“Memorandum of Third Amendment to
Lease”
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Recording Requested By
& When Recorded Return To:

Black Dot Wireless
23456 Madero, Suite 210
Mission Viejo, CA 92691

(Space Above This Line For Recorder’s Use Only)

Re: Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD (CA)
Fixed Asset Number: 10086895
State: California
County: Ventura

MEMORANDUM
OF

THIRD AMENDMENT TO LEASE

This Memorandum of Third Amendment to Lease (hereinafter referred to as the “ Memorandum”) is entered into on this day of , 2023, by and between the City of Oxnard, a municipal corporation, having a mailing address at 305 West Third Street, Oxnard, CA 93030 (hereinafter referred to as “Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as “Tenant”).

1. Landlord and Tenant (or its predecessor -in-interest) entered into a certain an Option and Rooftop Lease Agreement dated November 19, 1996, as amended by the First Amendment to Option and Rooftop Lease Agreement dated August 1, 2006, the Second Amendment to Option and Rooftop Lease Agreement dated April 1, 2015, and that certain Third Amendment to Option and Rooftop Lease Agreement dated , 2023 (hereinafter, collectively referred to as the “Agreement”) for the purpose of installing, operating and maintaining a communications facility and other improvements at Landlord’s real property located at 300 West Third Street, Oxnard, CA 93030. All of the foregoing is set forth in the Agreement. A Memorandum of Rooftop Lease was recorded November 22, 2006 as Document No. 96- 160718 in the Official Records of Ventura County.
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2. The term of the Agreement initially commenced November 20, 1996 and the parties agree to further extend the term of the Agreement for a new initial lease term of five (5) years commencing on May 1, 2023, with one (1) successive five (5) year option to renew.

3. The portion of the land being leased to Tenant (the “Premises”) is described in Exhibit 1 annexed hereto.

4. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum and the provisions of the Agreement, the provisions of the Agreement shall control.

The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.

[SIGNATURES APPEAR ON THE NEXT PAGE]
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LANDLORD ACKNOWLEDGMENT

State of California
County of )

On before me,
(insert name and title of the officer)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

EXHIBIT 1

DESCRIPTION OF PREMISES

Page 1 of 1 ends

to the Memorandum of Third Amendment to Lease dated , 2023, by and between the City of Oxnard, a municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.

The Premises are a portion of the Property located at 300 West Third Street, Oxnard, CA 93030 and legally described and/or depicted as follows:

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Agreement for School Resource Officer (SRO) Services to the Oxnard Union High School District (OUHSD).

RECOMMENDATION

That the City Council approve and authorize the City Manager to execute a cost-sharing agreement between the City of Oxnard and the Oxnard Union High School District, for a three-year period, in the amount of $778,309 for Police School Resource Officer (SRO) Services.

BACKGROUND

The agreement sets forth guidelines between the OUHSD and the Oxnard Police Department to ensure an understanding of the goals of the SRO program and the District's commitment to reimburse the Police Department for a portion of the personnel costs associated with the program.

The District agrees to reimburse the Oxnard Police Department for the combined equivalent of approximately 75% of personnel costs for five (5) SROs, including agreeing to fully reimburse the City for costs associated with staffing special school events.

SCHOOL RESOURCE OFFICER PROGRAM OVERVIEW

The SROs will serve the District with five (5) high schools and approximately 17,500 students.

SROs assist school administrators in helping maintain a safe campus environment that is conducive to learning. SROs provide a visible presence to deter disturbances and identify trespassers on campus. School officials rely on the training, knowledge, and experience of SROs to handle dangerous situations involving fights, weapons, and the identification of dangerous drugs. SROs also serve the surrounding community by addressing loitering, speeding, and other traffic issues.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

City costs associated with School Resource Officer services are included in the FY2023-24 General Fund Police Department operating budget. Revenue of $778,309 is also included, reflecting the first year's cost share with Oxnard School District. If approved, staff will include revenue for years 2 and 3 of the agreement in future General Fund budgets as part of the annual budget process.

For Finance Use Only: General Fund (Org. 1012111 Obj. 47700) 177

COMMITTEE OUTCOME

The Public Safety Committee approved 3-0 on June 13, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Luis McArthur, Police Commander

ATTACHMENTS

1. FY 2023-2026 OUHSD 3yr Contract

2. PowerPoint on SROs and OUHSD Partnership

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Agreement No.

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER SERVICES

AND COST- SHARING
This Agreement for Police School resource officer Services ("Agreement") by and between the City of Oxnard, a municipal corporation ("City"), and the Oxnard Union High School District ("OUHSD or "District") is made and entered into as of July 1, 2023. City and District are sometimes individually referred to as "Party" and collectively as "Parties." WHEREAS, the purpose of this Agreement is to maintain the School Resource Officer (SRO) program and to set forth guidelines to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program and that SROs receive the necessary support and training to ensure a safe school environment while respecting the rights of students and improving the overall school climate; WHEREAS, the parties agree that an effective SRO program sets forth: the role of the SRO within the context of the educational mission of the school; distinctions between disciplinary misconduct to be handled by school officials and criminal offenses to be handled by law enforcement; respect for the rights of students; transparency and accountability; and minimum SRO training requirements;
WHEREAS, this Agreement focuses on the role of the SROs as it relates to students and faculty; it does not govern how SROs will conduct operations when dealing with adult non- school district employees in and around a school facility; WHEREAS, the parties intend to work together to share costs and ensure the continuity of the School Resource Officer program on HSD school campuses.

City and District hereby agree as follows:

1. Scope of Services. The Oxnard Police Department ("OPD") shall provide the services of five (5) School Resource Officers ("SROs") to OUHSD school campuses. The SRO will work with OUHSD district staff and staff at individual schools to determine schedules and specific services at each school site. This will allow the activities and support provided by the SROs to be tailored to each school's specific needs. It will also provide flexibility for the SRO's law enforcement responsibilities and involvement with intracurricular and extracurricular activities.

2. Method of Performing Services. Subject to the terms and conditions of this Agreement, OPD personnel may determine the method, details, and means of performing the Services described herein and the duration of the Services. OPD shall perform services consistent with the SRO guidelines detailed in Exhibit A, attached hereto, and incorporated by this reference in full herein.
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2 3. Cost Sharing; Reimbursement, Method of Payment. City and District agree that the District shall be obligated to fund Seventy-Five percent (75%) of the cost to operate and administer the SRO program for FY 2023-2024 through 2025-2026 and that City shall fund the balance. City shall submit to District an invoice for Seven Hundred Seventy- Eight Thousand Three Hundred and Nine Dollars ($778,309) no less than thirty (30) days prior to the end of each fiscal year: June 30, 2024, for FY 2023-2024, June 30, 2025, for FY 2024-2025, and June 30, 2026, for FY 2025-2026.

City shall send invoices to: Assistant Superintendent of Business Services, Oxnard Union High School District, 1800 Solar Drive, Oxnard, CA 93030. District shall, within thirty (30) days of receiving such invoice, review the invoice and pay all charges.

4. Nonexclusive Services. This Agreement shall not be interpreted to prevent or preclude OPD personnel from rendering any services to any other person or entity as City, in its sole discretion, shall determine. City agrees that performing such services will not materially interfere with services performed under this Agreement.

5. Reporting Requirements for District/School Staff of Suspected Child Abuse Committed by a District/School Employee. Reports of suspected child abuse, including any sexual misconduct by any District/School employee, shall be reported immediately, or as soon as practicably possible, to the designated SRO or the Youth Services Sergeant. If the SRO or SRO Sergeant is unavailable, the on-duty Oxnard Police Department Watch Commander will be contacted. The police personnel receiving the report from the school district employee will make a notification directly to the Family Protection Unit (FPU) Sergeant. This verbal notification to the SRO or Youth Services Sergeant does not preclude the District/School from preparing and sending a fax or electronically transmitted written follow-up report within 36 hours of receiving the information concerning the incident (Form SS 8572 Suspected Child Abuse) or any other mandatory reporting requirements.

6. Term. The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier terminated as provided herein. This Agreement may be renewed for up to two (2) additional annual terms through mutually agreed upon contract amendments.

7. Termination. Either Party may, by written notice to the other, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the other Party of such termination and specifying the effective date thereof, at least thirty (30) business days before the effective date of such termination. Upon termination of this Agreement, City shall be compensated for those Services that City has provided to District up to the effective termination date.

8. Force Majeure. City and District agree that neither City nor District shall be responsible for delays or failures in performance resulting from acts beyond the control of either Party. Such acts shall include, but not be limited to, acts of God, strikes, lockouts, riots, 180
3 acts of war, epidemics, governmental regulations imposed after this Agreement was executed, fire, communication line failures, earthquakes, or other disasters.

9. Mutual Indemnification. Each Party shall defend, hold harmless, and indemnify the other Party and its officers, directors, employees, agents, and representatives against any and all loss, liability, damage, or expense, including any direct, indirect, or consequential loss, liability, damage, or cost of defense (including attorneys' fees) for injury or death to persons, including employees of either Party and damage to property, including the property of either Party, arising out of or in connection with the indemnifying Party's performance of this Agreement or failure to comply with any of its obligations contained in this Agreement. However, neither Party shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct.

10. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses or at such other address as the respective Parties may provide in writing for this purpose:

City:

Oxnard Police Department
251 South “C” Street
Oxnard, California 93030
Attention: Jason Benites, Chief of Police
District:

Oxnard Union High School District
1800 Solar Drive
Oxnard, California 93030
Attention: Dr. Tom McCoy, Superintendent
Such notice shall be deemed made when personally delivered or mailed, forty-eight (48) hours after deposit in the U.S. Mail, first-class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate on the date the actual notice occurred, regardless of the service method.

11. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Ventura, regardless of the order of signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County of Ventura, California. The Parties consent to the personal jurisdiction and venue of a federal or state court located within or for the County of Ventura, California, and hereby waive any defenses or objections thereto, including defenses based on the doctrine of forum non conveniens. 181
4 12. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

13. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed according to its fair meaning and not strictly for or against any Party. Any term referencing time, days, or performance period shall be deemed calendar days, not workdays, unless otherwise specified. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of City, except as otherwise specified in this Agreement. All references to District include all officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of District unless otherwise specified in this Agreement. The captions of the various paragraphs and sections are for convenience and ease of reference only and do not define, limit, augment, or describe this Agreement's scope, content, or intent.

14. Assignment. The Parties may not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party.

15. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

16. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

17. No Third-Party Beneficiaries. This Agreement and the performance of the obligations hereunder are for City and District's sole and exclusive benefit. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either City or District hereunder as a result of the Parties performance or nonperformance of their respective obligations under this Agreement.

18. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. Cooperation; Further Acts. The Parties shall fully cooperate and take any other acts or sign any additional documents that may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

20. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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5 21. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

22. Entire Agreement. This Agreement contains the entire Agreement of the Parties concerning the subject matter hereof and supersedes all prior negotiations, understandings, or agreements.

CITY OF OXNARD OXNARD UNION HIGH SCHOOL

DISTRICT
_____________________________________
Alexander Nguyen, City Manager
_____________________________________
Dr. Tom McCoy, Superintendent

APPROVED AS TO FORM
_____________________________________
Stephen M. Fischer, City Attorney

APPROVED AS TO CONTENT
_____________________________________
Jason Benites, Police Chief
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6 EXHIBIT “A”
SRO Guidelines

ROLE OF THE SRO IN THE CONTEXT OF THE EDUCATIONAL MISSION OF THE

SCHOOL DISTRICT TO ALIGN SUPPORT AND SERVICES FOR STUDENTS, FAMILIES, AND STAFF.

1. The mission of the SRO program is to assist the school in maintaining a safe environment and to develop a positive relationship between students and law enforcement.

2. School administrators shall be informed as to whether an SRO will be deployed to the school and shall participate in periodic performance reviews of the SRO.

3. The SRO shall meet with school administrators, teachers, parents, and student representatives at least annually and as needed to discuss school safety issues.

4. The SRO shall be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate.

5. The SRO shall maintain weekly activity reports and submit these reports to his or her direct supervisor.

6. The SRO will participate as a member of the OUHSD Interdisciplinary Wellness Team.

DISTINGUISHING DISCIPLINARY MISCONDUCT TO BE HANDLED BY SCHOOL

OFFICIALS FROM CRIMINAL OFFENSES TO BE HANDLED BY LAW ENFORCEMENT

1. SROs are responsible for criminal public order offenses, not for school discipline issues.

2. Absent a real and immediate threat, as determined by the SRO, to a student, teacher, or public safety and, unless sufficient evidence and circumstances warrant police action or intervention, SROs should not get involved in school discipline issues. School officials should generally handle these rather than through formal law enforcement intervention (e.g., issuance of a criminal citation, referral to a probation officer, or actual arrest.)

RESPECT FOR THE RIGHTS OF STUDENTS

1. Absent a real and immediate threat to a student, teacher, or public safety, an SRO may conduct or participate in a search of a student’s person, possessions, or locker only where there is reasonable suspicion to believe that the search will turn up evidence that the child has committed or is committing a criminal offense.

1. The SRO shall inform school administrators prior to conducting reasonable suspicion searches.

2. The SRO shall not ask school officials to search a student’s person, possessions, or locker to circumvent these protections.

3. At a minimum, all searches will be documented by a field interview report (FIR) detailing the circumstances of the search.

2. When a school official conducts a search of a student’s person, possessions, or locker, the school official may ask an SRO to be present or to participate in such a search only when there is reasonable suspicion to believe that the search will turn up evidence that the 184
7 student has violated or is violating the law and the search is justified in scope given such suspicion.

3. Absent a real and immediate threat to a student, teacher, or public safety, a school official shall attempt to minimize requests to have an SRO present or participate in questioning a student that involves non-criminal matters.

4. When an SRO interviews a student for a criminal matter, reasonable attempts should be made by a school official or an SRO to inform the student’s parents of the circumstances which led to that interview when it is practical to do so and when it would not unreasonably interfere with such investigation.

SRO TRAINING REQUIREMENTS

1. Every SRO shall attend a 40-hour Peace Officers Standards and Training (POST) approved Basic School Resource Officer course within their first year of service.

Additionally, an effort will be made to complete 10 hours of annual in-service training on topics such as:

1. Child and adolescent development and psychology;

2. Positive behavioral interventions and supports (PBIS), conflict resolution, peer mediation, or other restorative justice techniques;

3. Children with disabilities or other special needs; and

4. Cultural competency.

PROMOTING NON-PUNITIVE APPROACHES TO STUDENT BEHAVIOR

1. The SRO shall be familiar with and trained in programs adopting non-punitive approaches to discipline available in the school district. Examples of such programs include but are not limited to Lesson One, Wellness Collaborative, and the Olweus Bullying Program.

TECHNOLOGY SERVICES AND SUPPORT

1. For the Oxnard PD’s SROs to serve the students of the OUHSD, all SROs will be given a user-specific login and access to the OUHSD network to:
a. Login
b. Run productivity software, including Microsoft Office c. Print to District/School printers
d. Access the Internet thru the District’s Internet Filter e. Access WebMail from a third-party provider

1. SROs will not be provided:

1. Access to install programs on workstations or servers

2. Access to District email accounts or the District’s email address book

3. Access to the District’s Student Information System

4. Access to other District files
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AGREEMENT FOR POLICE SCHOOL

RESOURCE OFFICER SERVICES
FY 2023-2026
Commander Luis Mc Arthur
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Recommendation:

That the City Council approve and authorize the City Manager to execute a cost-sharing agreement between the City of Oxnard and the Oxnard Union High School District, for a three-year period, in the amount of $778,309, for Police School Resource Officer (SRO) Services.

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER

SERVICES
2 187
The agreement involves the reimbursement to the City for the services of five police officers that provide enhanced police services to the OUHSD. In general, the City is reimbursed for 75% of personnel costs related to the five SROs. The District’s cost-sharing amount for one fiscal year is $778,309 (75% of the cost of the five officers).

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER

SERVICES
3 188
School Resource Officers (SROs) are Oxnard Police Officers dedicated to building community, providing support, and building positive relationships with OUHSD schools, students, and families.

Officers go through specific training prior to becoming SROs What Are School Resource Officers? 4
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On a daily basis SROs:
• Ensure that all students, staff, and campuses are safe • Serve as a liaison between schools and the police department • Work with students on making positive choices that will help deter them from joining gangs and/or having problems with drugs and/or alcohol
• The presence of SROs on and around the campuses
promotes positive relationships with students and builds trust with OPD. Links to the surrounding school community can help in keeping OUHSD campuses safe.

How Do SROs Build Community? 5
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• SROs will be part of a district
wellness team with the focus on
identifying and supporting
students who have significant
social-emotional and/or behavior
needs. The team will work with
school and district teams in a
coordinated effort to provide
support to students, families, and
staff.
• Through this team, campus visits,
and getting to know the students,
SROs can help identify needs of
students and work with sites on
proactive strategies to prevent
significant behavior issues.

Proactive Partnership 6
Interdisciplinary
Wellness Team
Mental Health
Counselors
SROs School Site/
District Teams
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• The mission of the SRO program is to assist the school in maintaining a safe environment and to develop a positive relationship between students and law enforcement.
• The SRO shall be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate.
• The SRO will participate as a member of the OUHSD
Interdisciplinary Wellness Team.
• SROs and OPD can also provide training to students,
staff and families on drugs and other issues.

Proactive Partnership 7
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• Respect for the rights of students
• Building positive relationships with students
• Preventative instead of reactive
Distinguishing Disciplinary Misconduct to be Handled by School Officials From Criminal Offenses to be Handled by Law Enforcement
SROs are responsible for criminal public order offenses; they are not responsible for school discipline issues.

Absent a real and immediate threat, as determined by the SRO, to a student, teacher, or public safety and, unless there is sufficient evidence and circumstances that warrant police action or intervention, SROs should not get involved in school discipline issues.

These should generally be handled by school officials rather than through formal law enforcement intervention (e.g., issuance of criminal citation, referral to a probation officer, or actual arrest.) Absent a real and immediate threat to a student, teacher, or public safety, an SRO may conduct or participate in a search of a student’s person, possessions, or locker only where there is reasonable suspicion to believe that the search will turn up evidence that the child has committed or is committing a criminal offense.
• The SRO shall inform school administrators prior to conducting reasonable suspicion searches. • The SRO shall not ask school officials to search a student’s person, possessions, or locker in an effort to circumvent these protections.
• All searches at a minimum will be documented by a field interview report (FIR) that details the circumstances of the search.

Keeping the School Community Safe 8
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QUESTIONS
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: July 18, 2023

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Second Amendment to Agreement No. 9675-22-CM with Aten Design Group, Inc. for Website Redesign Services.

RECOMMENDATION

That City Council approve and authorize the execution of a Second Amendment to an Agreement with Aten Design Group, Inc. to increase Website Redesign Services for an additional $116,140, resulting in a not-to-exceed total cost of $316,140.

(Finance and Governance Committee approved 3-0 on June 27, 2023.)

BACKGROUND

The City’s website is a major portal for the public and provides information about the City, its services, meetings, events and news. It averages nearly 20,000 unique visitors each month.

However, the current site design, which was created in 2015, is not intuitive. Sixty percent of Oxnard.org’s visitors use search engines in order to access its information. The site is also operating on an obsolete version of Wordpress, is not customizable or adaptable for arising needs, and needs to be updated to meet current ADA standards.

The City does not have an internal developer team. Over the years, previous employees have attempted to update the site design or provide additional online services by creating customized codes. This is problematic for organizational continuity and security reasons, because when such an employee leaves there is no one available to maintain and update the customized code.

In 2021, the City issued a Request for Qualifications and hired Aten Design Group to create a new, modern website design with a logical site architecture that is flexible to the City’s changing needs and simple for employees to manage.

Aten has designed the websites for the cities of Denver, Colorado, and Raleigh, North Carolina, and was highly recommended by their employees.

On June 13, 2022, the City Manager authorized Agreement No. 9675-22-CM for the initial amount not to exceed $169,950. Aten’s scope of work includes:
• Developing a website strategy through user research and a technical audit • Creating the site’s information architecture, including navigation structure, wireframes and technical plan • Developing a responsive and accessible website design that incorporates the city’s branding, meets the needs of various departments and provides access to services for Oxnard’s community members • Building the backend and frontend of the website
• Training City staff on the new layout and design components, and creating a website usage guide for all current and future employees
• Launching the website
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• Providing on-call services for post-site launch

As the Aten team commenced work with City staff and gained access to the back end of the website for the first time, the development team discovered that many outdated, customized plugins are still active and used daily on the website.

Furthermore, Aten’s deep dive into the architecture of the current site uncovered numerous issues with outdated and incorrect content as well as site architecture issues that need considerable strategy work to address in a way that is maintainable for the City over time.

On June 20, 2023, a first amendment was authorized by the City Manager to increase the amount from $169,950 to $200,000 to support continued project work in the current fiscal year.

In order to address the security and functionality issues discovered with the current site's design, Aten proposed design and development work that would require an additional $116,140 in funding for a not-to-exceed total cost of $316,140.

This cost was included in the proposed Fiscal Year 2023-24 budget for the City Manager’s Office.

The additional investments will continue to provide access to services that both community members and City staff need, and it will ensure that the new website design has the proper useability, functionality, and plugins needed for increased cyber resiliency that is sustainable for years to come.

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 the Website Redesign Project is included in the City Manager’s FY 23-24 adopted operational budget.

For Finance Use Only: General Fund (Org. 1011001 Obj. 53200 via 57800)

COMMITTEE OUTCOME

Finance and Governance Committee approved 3-0 on June 27, 2023, to approve the staff recommendation and to forward the item for City Council approval.

Prepared by: Katie Casey, Communications Manager

ATTACHMENTS

1. Agreement with Aten Design Group, Inc.

2. First Amendment with Aten Design Group, Inc.

3. Second Amendment with aten Design Group, Inc. -- signed (1)

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: July 18, 2023

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, 805-385-5400, [email protected]

SUBJECT: Adopt Resolution Declaring the Intent of the City to be Reimbursed from Potential Bond Proceeds for Expenditures Made Towards Street and Alleyway Improvements.

RECOMMENDATION

That the City Council approve and authorize a resolution declaring the intent of the City to be reimbursed for certain capital expenditures from the proceeds of indebtedness.

BACKGROUND

On October 18, 2022, City Council and the Board of Directors of the City of Oxnard Financing Authority approved the issuance of not to exceed $36 million Lease Revenue Bonds, Series 2022A to finance street improvements and $9 million Lease Revenue Bonds, Series B (together, the “Bonds”) to finance the implementation of Phases 3 and 4 of the City’s ERP Project.

City staff were working with the City’s municipal financial advisors, special legal counsel, and underwriters to structure and sell the Bonds. However, the timing of the issuance of the Bonds has been delayed due to the latest Aaron Starr lawsuit. In order to avoid delays in the construction of the street improvements and ERP implementation, City staff propose to use cash reserves in the General Fund and Measure O to cover the cost of those projects until the Bonds can be issued. Accordingly, City staff propose this reimbursement resolution so that the City’s General Fund may be reimbursed for tax-exempt street improvement costs that are incurred prior to the issuance of the Bonds; the ERP Bonds, which would be taxable, require no such resolution for reimbursement.

In order for the reimbursement of previously expended project costs from Bond proceeds to be compliant with the IRS requirements, the City is required to adopt a resolution declaring its intention to be reimbursed within 60 days of when the costs were paid by the City.

While adopting the reimbursement resolution demonstrates the City’s intent to borrow funds and preserves the option for the City to be reimbursed in the future, adopting the reimbursement resolution does not directly obligate the City to issue the Bonds. If Bonds are issued, this resolution does not obligate the City to reimburse the General Fund for costs that may be incurred before the Bonds are issued.

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

This reimbursement resolution does not directly obligate the City to incur a financial liability and is not expected to have any direct financial impact on the City.
248

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on May 23, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: NHA Advisors, LLC

ATTACHMENTS

1. Oxnard Streets Reimbursement - Resolution

249

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF OXNARD DECLARING THE INTENT OF THE CITY TO

BE REIMBURSED FOR CERTAIN CAPITAL

EXPENDITURES FROM THE PROCEEDS OF

INDEBTEDNESS

WHEREAS, the City of Oxnard (the “City ”) intends to finance certain street improvement projects throughout the City (the “Project”); and

WHEREAS, the City will pay certain Capital E xpenditures in connection with the Project (the "Street Improvement Expenditures") prior to the issuance of one or more series of tax-exempt obligations in the expected approximate principal amount of $36 million (the "Street Improvement Indebtedness") for the purpose of financing costs associated with the Project; and

WHEREAS, the City reasonably expects that certain of the proceeds of the Street Improvement Indebtedness will be used to reimburse the City for the Street Improvement Expenditures; and

WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its official intent to be reimbursed for prior Capital Expenditures made for the Project with proceeds of a subsequent borrowing.

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

Section 1. The City finds and determines that the foregoing recitals are true and correct.

Section 2. This declaration is made solely for purpose of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations, and does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.

Section 3. The City declares its official intent to use proceeds of the Street Improvement Indebtedness to reimburse itself for Street Improvement Expenditures made on or after the date which is no more than 60 days prior to the date of adoption of this Resolution.

Section 4. The City will make a reimbursement allocation, which is a written allocation by the City that evidences th e City's use of proceeds of the Street Improvement Indebtedness to reimburse itself for the Street Improvement Expenditures, in accordance with applicable federal law, including Section 1.150-2 of the Treasury Regulations.

Section 5. The City recognizes that exceptions are also available under the Treasury Regulations for certain "preliminary expenditures," costs of issuance, certain de minim is amounts, 250
Resolution No. ________ (Streets Project Reimbursement Resolution)

Page 2 ends

expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five (5) years.

This Resolution shall take effect upon its adoption by this City Council.

PASSED AND ADOPTED T HIS 18TH DAY OF JULY, 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
251

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. L.1

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Public Meeting and Introduction of an Ordinance to Renew the Oxnard Tourism Marketing District. (10 minutes)

RECOMMENDATION

That the City Council:

1. Conduct the first Public Meeting to allow members of the public to provide comments on the renewal of the Oxnard Tourism Marketing District (OTMD); and

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5Cm- NEzm_vc

BACKGROUND

The OTMD is a benefit assessment district that provides a revenue source to help fund marketing and sales efforts to promote Oxnard as a tourist, meeting and event destination. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. On January 15, 2015, pursuant to a request from the Oxnard Convention and Visitors Bureau (OCVB), the City Council adopted a Resolution of intent to establish the OTMD. On February 5, 2019 the Council held a public meeting to take public testimony on the formation of the OTMD and levy of assessments. On March 5, 2019 Council conducted the final hearing and the OTDM was established for a five (5) year term. Oxnard lodging businesses and VO now wish to renew the OTMD for a nine (9) year and three (3) month term.

The renewed OTMD includes all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard. Lodging business owners decided to pursue renewal of the OTMD in order to continue a revenue source devoted to marketing Oxnard as a tourist, meeting and event destination. If renewed, the OTMD would generate approximately $1,000,000 on an annual basis for each full fiscal year for promotion of travel and tourism specific to Oxnard. The initial “year” of operations will be a partial year consisting of three (3) months, with an anticipated assessment budget of $250,000. On June 29, 2023 the City Council adopted a Resolution of Intent initiating the process to renew the Oxnard Tourism Marketing District (OTMD). On June 30, 2023, the City mailed written notice to the owners of all businesses proposed to be within the renewed OTMD. Mailing the notice began the mandatory forty-five (45) day period in which lodging business owners may protest OTMD renewal and serves as the public noticing requirements for the renewal processes.

TOURISM MARKETING DISTRICTS

252
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD.

TMD Benefits:
• Funds cannot be diverted for other government programs; • They are customized to fit the needs of each destination; • They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable funding source for tourism promotion.

In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD.

MANAGEMENT DISTRICT PLAN

The Management District Plan (Attachment 1) includes the proposed boundary of the OTMD, a service plan and budget and a proposed means of governance. The OTMD will include all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard.

The annual assessment rate is two percent (2.0%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by an employee or officer of the United States government or an employee or officer of the State government that executes, under penalty of perjury, a form claiming such exemption; and stays by any person who is required to obtain a shelter in a lodging business by reason of circumstances such as fire, flood, or other disaster which makes that person’s usual residence uninhabitable and proves that their residence is in an area that has been officially declared a disaster area by local, state, or federal authorities.

The renewed OTMD will have a nine (9) year and three (3) month term, beginning April 1, 2024, or as soon as possible thereafter, and ending June 30, 2033. The assessment will be implemented beginning April 1, 2024, or as soon as possible thereafter. Once per year beginning on the anniversary of OTMD renewal, there is a thirty (30) day period in which lodging business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the OTMD.

The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each assessed lodging business located in the boundaries of the OTMD. The City shall forward the assessments to Oxnard Convention & Visitors Bureau dba Visit Oxnard (VO), which will have the responsibility of managing OTMD programs as provided in this Management District Plan. The City shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

OTMD RENEWAL PROCESS

June 29, 2023 RESOLUTION OF INTENTION HEARING (COMPLETED) Upon the submission of a written petition, signed by the lodging business owners in the renewed OTMD who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to renew the OTMD by the adoption of a resolution expressing its intention to renew the OTMD.

253
Petition Status: Petitions in favor of OTMD renewal were submitted by 7 lodging businesses, which represent 100% of the total OTMD assessment. This majority petition allows the Council to initiate proceedings for OTMD renewal at the June 29, 2023 meeting.

No Later Than:

July 7, 2023 NOTICE (COMPLETED)
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the OTMD. Mailing the notice begins a mandatory forty-five (45) day period in which lodging business owners may protest OTMD renewal.

July 18, 2023 PUBLIC MEETING AND INTRODUCTION OF ORDINANCE (CURRENT STEP) Allow public testimony on the renewal of the OTMD and levy of assessments. At the public meeting, the Council would introduce the Ordinance renewing the OTMD and levying the assessment.

Sept. 5 , 2023 FINAL PUBLIC HEARING AND ADOPTION OF THE ORDINANCE If written protests are received from the owners of lodging businesses in the renewed OTMD which will pay more than fifty percent (50%) of the assessments proposed to be levied and such protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such lodging businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

If the Council, following the public hearing, decides to establish the renewed OTMD, the Council shall adopt an ordinance of formation renewing the OTMD and levying the assessment. Upon successful passage of the Ordinance, the OTMD shall be renewed, and the Ordinance shall go into effect thirty (30) days after the adoption of the Ordinance.

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 business by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

None immediately. The City will receive a fee of one percent (1%) of the amount collected to cover its costs of administration. Because the OTMD programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax collections.

For Finance Use Only: Collections & Payments recorded to General Fund (Org. 101 Obj. 22150 OTMD Liability); 1% Fee recorded to General Fund (Org. 1011601 Obj. 47000 Misc Revenue)

COMMITTEE OUTCOME

This item did not originate in Committee. Per Resolution 15,286 F.2, items that are already approved by Council that have continuing work can go straight to Council. The City Council authorized this TMD in 2019 and the extension does not substantially change the TMD. Additionally, the TMD was heard at the June 29, 2023 Council meeting.

Prepared by: Ashley Golden, Assistant City Manager

ATTACHMENTS

1. Management District Plan

2. Resolution of Intent

3. Ordinance

4. Presentation

254

2024-2033

OXNARD TOURISM MARKETING DISTRICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

June 8, 2023
255

Contents
I. OVERVIEW ........................................................................................................................................ 3 II. BACKGROUND ................................................................................................................................ 5 III. BOUNDARY ....................................................................................................................................... 6 IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 7 A. Annual Service Plan ................................ ................................ ................................ ........7 B. Annual Budget................................ ................................ ................................ ................. 9 C. California Constitutional Compliance ................................ ................................ ............ 10 D. Assessment ................................ ................................ ................................ .................... 11 E. Penalties and Interest ................................ ................................ ................................ ..... 12 F. Time and Manner for Collecting Assessments ................................ ............................... 12

V. GOVERNANCE ............................................................................................................................... 14 A. Owners’ Association................................ ................................ ................................ ...... 14 B. Brown Act and California Public Records Act Compliance ................................ ........... 14 C. Annual Report ................................ ................................ ................................ ............... 14

APPENDIX 1 – LAW .................................................................................................................................... 15 APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 27

Prepared by
Civitas

(800)999-7781
www.civitasadvisors.com

256

OTMD Management District Plan 3
June 8, 2023

I. OVERVIEW

Developed by Oxnard lodging businesses and the Oxnard Convention & Visitors Bureau dba Visit Oxnard (VO), the Oxnard Tourism Marketing District (OTMD) is an assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The OTMD was created in 2019 for a five (5) year term. Oxnard lodging businesses and VO now wish to r enew the OTMD for a nine (9) year and three (3) month term.

Location: The OTMD includes all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard, as shown on the map in Section III.

Services: The OTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales and marketing programs will increase demand for overnight tourism and mark et payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total OTMD annual assessment budget for each full fiscal year (July 1 – June 30) of operations is anticipated to be approximately $ 1,000,000. The initial “year” of operations will be a partial year consisting of three (3) months, with an anticipated assessment budget of $ 250,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and as lodging businesses open and close.

Cost: The annual assessment rate is two percent (2.0%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than thirty (30) consecutive days; stays by an employee or officer of the United States government or an employee or officer of the State government that executes, under penalty of perjury, a form claiming such exemption; and stays by any person who is required to obtain a shelter in a lodging business by reason of circumstances such as fire, flood, or other disaster which makes that person’s usual residence uninhabitable and proves that their residence is in an area that has been officially declared a disaster area by loca l, State, or federal authorities .

Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the OTMD. T he City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The OTMD will have a nine (9) year three (3) month life, beginning April 1, 2024 or as soon as possible thereafter, and ending on June 30, 2033. After nine (9) years and three (3) month s, the OTMD may be renewed pursuant to the 94 Law if lodging business owners support continuing the OTMD programs.

Management: VO shall continue to serve as the OTMD’s Owners’ Association. VO has formed an OTMD Committee which shall continue to be responsible for managing funds and 257

OTMD Management District Plan 4
June 8, 2023

implementing programs in accordance with this Plan, and must provide annual reports to the City Council.

258

OTMD Management District Plan 5
June 8, 2023

II. BACKGROUND

TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.

California’s TMDs collectively
raise over $300 million annually for
local destination marketing. With
competitors raising their budgets,
and increasing rivalry for visitor
dollars, it is important that Oxnard
lodging businesses continue to
invest in stable, commerce-specific
marketing programs.

TMDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TMDs allow tourism business owners to organize their efforts to increase commerce. Tourism business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.

In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specif ic benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion.

1 2 4 6 9 12 19 25 29 32 38 46
61 70
88 99 104110113
0 20
40 60
80 100
120
Number of Districts Operating in
California
259

OTMD Management District Plan 6
June 8, 2023

III. BOUNDARY

The OTMD will include all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard, as shown in the map below.

Lodging business means: any commercial establishment or any portion of any commercial establishment that provides for the occupancy of transients for dwelling, lodging, or sleeping purposes, whether by the date, week or month, an d includes any hotel, inn, motel, or commercial establishment of a similar nature.

Lodging business does not include: a lodging business that charges room rents not exceeding maximum rentals of $10 per day for single and $15 per day for double occupancy a nd has a current certificate of eligibility on file with the City; and a lodging business operated by a local government entity or owned and operated by the State. Additionally, lodging business does not include RV Parks; defined as a space that is designed and promoted for the purpose of locating a recreational vehicle, or locating a trailer, tent trailer, pickup camper, or other similar device used for camping.

A complete listing of assessed lodging businesses within the OTMD can be found in Appendix 2.

260

OTMD Management District Plan 7
June 8, 2023

IV. ASSESSMENT BUDGET AND SERVICES

A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable c ost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the OTMD funds are sales and marketing programs available only to assessed lodging businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed lodging businesses. A detailed annual assessment budget will be developed and approved by VO. The table below illustrates the annual assessment budget for fiscal year April 1, 2024- June 30, 2024, which covers the initial three (3) month period of the OTMD.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. The table below illustrates the annual assessment budget for fiscal year two (July 1, 2024 - June 30, 2025). However, VO’s OTMD Committee shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is be low. The same activities are proposed for subsequent years. In the event of a legal challenge against the OTMD, any and all assessment funds may be used for the costs of defending the OTMD.

Sales & Marketing,
$180,000 , 72%
Administration,
$62,500 , 25%
Contingency/Reserve,
$5,000 , 2%
Collection Fee,
$2,500 , 1%
Fiscal Year 2024 (April- June)
Assessment Budget: $250,000
261

OTMD Management District Plan 8
June 8, 2023

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by VO’s OTMD Committee on an as- needed basis.

Sales and Marketing
A sales and marketing program will continue to promote assessed lodging businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Oxnard as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed lodging businesses, and may include the following activities:
• Internet marketing efforts to increase a wareness and optimize internet presence to drive overnight visitation and room sales to assessed lodging businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed lodging businesses; • Attendance of trade shows to promote assessed lodging businesses; • Sales blitzes for assessed lodging businesses;
• Familiarization tours of assessed lodging businesses; • Preparation and production of collateral promot ional materials such as visitor guides, brochures, flyers and maps featuring assessed lodging businesses; • Sponsorship of local events and festivals that drive overnight visitations and room sales to assessed lodging businesses;
Sales & Marketing,
$720,000 , 72%
Administration,
$250,000 , 25%
Contingency/Reserve,
$20,000 , 2%
Collection Fee,
$10,000 , 1%
Fiscal Year 2024/2025 (July-June)
Assessment Budget: $1,000,000
262

OTMD Management District Plan 9
June 8, 2023

• Attendance of professional industry conferences and affiliation events to promote assessed lodging businesses;
• Lead generation activities designed to attract tourists and group events to assessed lodging businesses;
• Brand-centric visitor services training program for both public and private sector staff; • Kiosk improvements including new technology-driven visitor information enhancements; • Development of Return on Investment (ROI) analysis on the effectiveness of OTMD funds, feasibility studies, and/or economic impact reports to improve effectiveness and increase overnight visitation at assessed lodging businesses;
• Strategic advertising and marketing agency support to promote assessed lodging businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed lodging businesses;
• Development and maintenance of a website designed to promote assessed lodging businesses. • Partnership with both local and state tourism organizations to target key international markets to increase overnight visitation at assessed lodging businesses; and • Development and implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to drive overnight visitation at assessed lodging businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of VO’s OTMD Committee. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by VO’s OTMD Committee. Contingency/reserve funds may be spent on OTMD programs or administrative and renewal costs in such proportions as determined by VO’s OTMD Committee. The reserve fund may be used for the costs of renewing the OTMD.

Collection Fee
The City shall continue t o retain a fee equal to one percent (1%) of the amount of assessment s collected, to cover collection and administration costs.

B. Annual Budget
The total OTMD annual assessment budget for each full fiscal year (July 1 – June 30) of operations is anticipated to be approximately $1,000,000 . The initial “year” of operations wil l be a partial year consisting of three (3) months, with an anticipated assessment budget of $250,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and as lodging businesses open and close . The total assessment budget for the entire nine (9) year and three (3) month term of the OTMD is anticipated to be approximately $9,250,000.

263

OTMD Management District Plan 10
June 8, 2023

C. California Constitutional Compliance
The OTMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the OTMD assessment is a business -based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the OTMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expe nded on, “ a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Pla n are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the OTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the OTMD, and are narrowly tailored. OTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in OTMD programs, or to directly generate sales for non -assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the abili ty of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.

The assessment imposed by this OTMD is for a specific benefit conferred directly to the payors that is no t provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the OTMD assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging busine sses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the OTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
264

OTMD Management District Plan 11
June 8, 2023

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product .”4 The legislature has recognized that marketing and promotions services like those to be provided by the OTMD are government services within the meaning of Proposition 26 5. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
OTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by VO’s OTMD Committee, and reports submitted on an annual basis to the City.

Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from OTMD-funded activities, be featured in advertising campaigns, and benefit from other OTMD- funded services. Non -assessed lodging businesses will not receive these, nor any other, OTMD- funded services and benefits.

The OTMD-funded programs are all targeted directly at and feature only assessed lodging businesses.

It is, however, possible that there will be a spill over benefit to non -assessed lodging businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-OTMD funds. OTMD funds shall only be spent to benefit the assessed lodging businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed lodging businesses.

D. Assessment
The annual assessment rate is two percent (2.0%) of gross short -term sleeping room rental revenue.

Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by an employee or officer of the United States government or an employee or officer of the State government that executes, under pen alty of perjury, a form claiming such exemption; and stays by any person who is required to obtain a shelter in a lodging business by reason of circumstances such as fire, flood, or other disaster which makes that person’s usual residence uninhabitable and proves that their residence is in an area that has been officially declared a disaster area by local, State, or federal authorities.

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the lodging businesses within the OTMD with costs allocated based on the proportional benefit conferred to each lodging business. Activities funded by the OTMD are specifically targeted to increase room nights at assessed lodging businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assesse derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed lodging businesses with higher priced room nights.

4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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The term “gross short-term sleeping room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deductions therefrom whatsoever. Gross short-term sleeping room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the OTMD assessment is identified separately it shall be disclosed as the “OTMD Assessment.” As an alternative, the disclosure may include the amount of the OTMD assessment, the amount of the assessment imposed from other local tourism marketing districts, and the amount of th e assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Penalties and Interest
The OTMD shall reimburse the City of Oxnard for any costs associated wi th collecting unpaid assessments. If sums in excess of the delinquent OTMD assessment are sought to be recovered in the same collection action by the City, the OTMD shall bear its pro rata share of such collection costs.

Assessed lodging businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business that fails to remit the assessment within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any lodging business that fails to remit the assessment on or before a period of thirty (30) days following the date of which the assessment first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment.

3. Fraud: If the City determines that the nonpayment of the assessment is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added to the amount in addition to any penalties.

4. Interest: In addition to the penalties imposed, any lodging business failing to timely remit the assessment shall pay interest at the rate of one -half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the assessment first became delinquent until the assessment is paid.

5. Penalties and Interest Merged with Assessment: Every penalty imposed and such interest as accrues shall become a part of the assessment required to be paid.

F. Time and Manner for Collecting Assessments
The OTMD assessment will be implemented beginning on April 1, 2024, and will continue for nine (9) years and three (3) months through June 30, 2033. The City will be responsible for collecting the 266

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assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners’ Association.

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V. GOVERNANCE

A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the O wners’ Association of the OTMD as defined in Street s and Highways Code §36612. The City Council has determined that VO will continue to serve as the Owners’ Association for the OTMD. VO’s OTMD Committee shall continue to have full authority to manage matters related to the OTMD, including, but not limite d to, management of assessment funds and full decision-making authority regarding OTMD programs in accordance with this Management District Plan.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. B rown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
VO shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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APPENDIX 1 – LAW

*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT *** (ALL 2022 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994

CHAPTER 1. General Provisions

ARTICLE 1. Declarations

36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 269

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(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.

36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions

36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “Assessment”

“Assessment” means a levy for the purpose of acquiri ng, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
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36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member ag encies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.

36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ associ ation shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
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36614. “Property”

“Property” means real property situated within a district.

36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

36615.5. “Special benefit”

(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law

36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment

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A property and business improvement district may be established as provided in this chapter.

36620.5. Requirement of consent of city council

A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all ass essments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or b usiness owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief descriptio n of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably det ermine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This 273

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part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If t he assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expen ded in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits ar e assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property -based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property -based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property -based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but sha ll not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council.

36623. Procedure to levy assessment

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(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on pro perty, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the im provements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the 275

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levy of assessments within a district shall not be used to provide improvements, mainte nance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improveme nts and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding tha t the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property -based district, that property within t he district will receive a special benefit.
(8) In a property -based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenan ce, and activities, provided that any property - based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments

36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the 276

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June 8, 2023

same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses wit hin the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for reside ntial use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter.

36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funde d with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

36637. Reflection of modification in notices recorded and maps

277

OTMD Management District Plan 24
June 8, 2023

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing

36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally de scribe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance

36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
278

OTMD Management District Plan 25
June 8, 2023

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.

36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal

36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment

36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30 -day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners o r authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a) Upon the disestablishment or expiration with out renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired 279

OTMD Management District Plan 26
June 8, 2023

with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

280

OTMD Management District Plan 27
June 8, 2023

APPENDIX 2 – ASSESSED BUSINESSES
Name Address City, State ZIP
Best Western Oxnard Inn 1156 S. Oxnard Blvd. Oxnard, CA 93030 Courtyard by Marriott Oxnard 600 E. Esplanade Dr. Oxnard, CA 93036 Hampton Inn Channel Islands Harbor 3231 Peninsula Rd. Oxnard, CA 93035 Hilton Garden Inn Oxnard 2000 Solar Dr. Oxnard, CA 93036 Homewood Suites 1950 Solar Dr. Oxnard, CA 93036
Residence Inn by Marriott Oxnard at River Ridge 2101 West Vineyard Ave. Oxnard, CA 93036 Zachari Dunes on Mandalay Beach Resort 2101 Mandalay Beach Rd. Oxnard, CA 93035

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282
283
284
285

CITYOFOXNARD
ORDINANCENO.________
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFOXNARDADDINGARTICLE1.5TOCHAPTER13OFTHEOXNARDCITYCODEREGARDINGTHEOXNARDTOURISMMARKETINGDISTRICTANDAMENDINGTHETITLEOFARTICLE1OFCHAPTER13OFTHEOXNARDCITYCODEFROM“ASSESSMENTS,FEESANDTAXES”TO“ASSESSMENTSANDTAXES” WHEREAS,theCityofOxnard(City)createdtheOxnardTourismMarketingDistrict(OTMD)onMarch5,2019pursuanttoResolutionNo.15,200,withtheOTMDbeginningonApril1,2019;and WHEREAS,theOTMDwascreatedforafive(5)yearterm,whichendsonMarch31,2024,and WHEREAS,lodgingbusinesseswithfiftyfive(55)roomsormorelocatedwithintheboundariesoftheCityofOxnardthatwillpaymorethanfiftypercent(50%)oftheproposedassessmenthavepetitionedtheCityCouncil(Council)torenewtheOTMD;and WHEREAS,includedwiththepetitionswasa ManagementDistrictPlan(Plan)summarythatdescribestheproposedassessmenttobeleviedoncertainlodgingbusinessestopayforsalesandmarketingprograms,andotherimprovementsandactivitiessetforthinthePlan;and WHEREAS,theassessedlodgingbusinesseswithintheOTMDwillreceiveaspecificbenefitfromtheactivitiesandimprovementssetforthinthePlan;and WHEREAS,onJune29,2023,at 6:00PMat theCouncilChamberslocatedat 305WestThirdStreet,Oxnard,CA93030(CouncilChambers),theCounciladopteda Resolutionof Intention,ResolutionNo.15,722;and WHEREAS,thepublicmeetingandpublichearingtoconsidertherenewaloftheOTMDhavebeenproperlynoticedinaccordancewithStreetsandHighwaysCodeSection36623;and WHEREAS,onJuly18,2023,at 6:00PMat theCouncilChambers,theCouncilhelda publicmeetingregardingtherenewaloftheOTMD,introducedthisOrdinancetorenewtheOTMDandcontinuethelevyofassessments,andtheCouncilheardandreceivedobjectionsandprotests,ifany,totherenewaloftheOTMDandthelevyoftheproposedassessments;and WHEREAS,onSeptember5,2023at6:00PMattheCouncilChambers,theCouncilheldapublichearingto renewtheOTMDandcontinuethelevyof assessments,andtheCouncilheardandreceivedall objectionsandprotests,if any, to therenewalof theOTMDandthelevyof theproposedassessment;and WHEREAS,onSeptember5, 2023,followingthereceiptof allobjectionsandprotestsandtheadoptionof theResolutionof Formation,ResolutionNo.15,722,theCityCouncilconsideredadoptionofthisOrdinancetorenewtheOTMDandcontinuethelevyoftheassessments;and 286
WHEREAS,theCityClerkhasdeterminedthattherewasnomajorityprotest,definedaswrittenprotestsreceivedfromownersoflodgingbusinessesintherenewedOTMDwhowouldpayfiftypercent(50%)ormoreoftheassessmentsproposedtobelevied;and WHEREAS,theOTMDisa tourismmarketingdistrictformedundertheprovisionsofthePropertyandBusinessImprovementDistrictLawof1994,assetforthintheStreetsandHighwaysCodeSection36600etseq.;and WHEREAS,the amountof theproposedassessmentfortheOTMDwilltotalapproximately$1,000,000foreachfullfiscalyear(July1 – June30)ofoperations.Theinitialyearofoperationswillbea partialyearconsistingof three(3)months,withananticipatedassessmentbudgetof$250,000;and WHEREAS,adoptionofthisOrdinancedoesnotdiminishthelegaleffectoftheadoptionoftheResolutionofFormation.

NOW, THEREFORE,THECITYCOUNCILOFTHECITYOFOXNARDDOESHEREBYORDAINASFOLLOWS:

Section1. ThetitleofArticleI ofChapter13oftheOxnardCityCodeisamendedtoreadasfollows:
“ARTICLE1. ASSESSMENTANDFEES”.

Section2.Article1.5isaddedtoChapter13oftheOxnardCityCodetoreadasfollows:
“ARTICLE1.5:OXNARDTOURISMMARKETINGDISTRICT
SEC.13-3.RENEWALOFOXNARDTOURISMMARKETINGDISTRICT.

PursuanttotheprovisionsofthePropertyandBusinessImprovementDistrictLawof1994(StreetsandHighwaysCodeSection36600etseq.),theOxnardTourismMarketingDistrict(OTMD)isherebyrenewedeffectiveApril1,2024orassoonaspossiblethereafter, andshallendonJune30,2033.

SEC.13-4.MANAGEMENTDISTRICTPLAN.

TheManagementDistrictPlan(Plan)fortheOTMDdatedJune8,2023isherebyadoptedandapproved.

SEC.13-5.ACTIVITIESANDIMPROVEMENTS.
(A) TheactivitiestobeprovidedtobenefitbusinessesintheOTMDshallbefundedbythelevyofassessments.TherevenuefromtheassessmentlevyshallnotbeusedtoprovideactivitiesorimprovementsoutsidetheOTMDunlesstheactivitiesorimprovementsaremarketingorsignagepointingtotheOTMD;orforanypurposeotherthanthepurposesspecifiedinthisOrdinance,theResolutionofIntention,theResolutionofFormation,andthePlan. (B) TheCouncilfindsasfollows:(1)Theactivitiesfundedbytheassessmentwillprovidea specificbenefittoassessed 287
lodgingbusinesseswithintheOTMDthatis notprovidedtothosenotpayingtheassessment.(2)Theassessmentis a chargeimposedfora specificbenefitconferredor privilegegranteddirectlytothepayorthatis notprovidedtothosenotcharged,andwhichdoesnotexceedthereasonablecoststo thelocalgovernmentof conferringthebenefitorgrantingtheprivilege.(3)Theassessmentis a chargeimposedfora specificgovernmentserviceorproductprovideddirectlytothepayorthatis notprovidedtothosenotcharged,andwhichdoesnotexceedthereasonablecoststothelocalgovernmentofprovidingtheserviceorproduct.(4)Assessmentsimposedpursuantto theOTMDareleviedsolelyupontheassessedlodgingbusiness,andthelodgingbusinessownerissolelyresponsibleforpaymentof theassessmentwhendue.If theownerchoosesto collectanyportionof theassessmentfroma transientorcustomer, thatportionshallbespecificallycalledoutandidentifiedforthetransientorcustomerinanyandallcommunicationsfromthebusinessowneras the “OTMDAssessment”or the “TourismAssessment”asspecifiedinthePlan. (C) TheassessmentsleviedfortheOTMDshallbeappliedtowardsalesandmarketingprograms,andotherimprovementsandactivitiesassetforthinthePlan. (D) AssessmentsleviedoncertainlodgingbusinesseswithintheOTMDpursuanttothisOrdinanceshallbe leviedon thebasisof benefit.Becausetheservicesprovidedareintendedto increaseroomrentals,anassessmentbasedongrossshorttermroomrentalrevenueisthebestmeasureofbenefit.

SEC.13-6.BUDGET.

TheassessmentsfortheOTMDwilltotalapproximately$1,000,000foreachfullfiscalyear(July1–June30)ofoperations.Theinitialyearofoperationswillbeapartialyearconsistingofthree(3)months,withananticipatedassessmentbudgetof$250,000.

SEC.13-7.NOISSUANCEOFBONDS.

BondsshallnotbeissuedtofundtheOTMD.

SEC.13-8.BOUNDARIES.

TherenewedOTMDincludesalllodgingbusinesseswithfifty-five(55)roomsormorelocatedwithintheboundariesoftheCityofOxnardasdescribedintheManagementDistrictPlan.

SEC.13-9.ASSESSMENTS.
(A) TheannualassessmentrateoftheOTMDistwopercent(2.0%)ofgrossshort-termsleepingroomrentalrevenue.Basedonthebenefitreceived,assessmentswillnotbecollectedon:staysof morethanthirty(30)consecutivedays;staysbyanemployeeor officeroftheUnitedStatesgovernmentoranemployeeorofficeroftheStategovernmentthatexecutes, 288
underpenaltyofperjury, a formclaimingsuchexemption;andstaysbyanypersonwhoisrequiredtoobtaina shelterina lodgingbusinessbyreasonofcircumstancessuchasfire,flood,orotherdisasterwhichmakesthatperson’s usualresidenceuninhabitableandprovesthattheirresidenceis inanareathathasbeenofficiallydeclareda disasterareabylocal,State,orfederalauthorities. (B) TheassessmentsshallbeusedforthepurposessetforthhereinandanyfundsremainingattheendofanyyearmaybeusedinsubsequentyearsinwhichtheOTMDassessmentisleviedaslongastheyareusedconsistentwiththerequirementssetforthherein.

SEC.13-10.COLLECTIONS.

TheCitywillberesponsibleforcollectingtheassessmentonamonthlybasis(includinganydelinquencies,penaltiesandinterest)fromeachlodgingbusinesslocatedintheboundariesoftheOTMD.TheCityshalltakeallreasonableeffortstocollecttheassessmentsfromeachassessedlodgingbusiness.

SEC.13-11.OWNERS’ASSOCIATION.

Throughadoptionof thisOrdinanceandthePlan,theCouncilhastherightpursuantto StreetsandHighwaysCodeSection36651toidentifythebodythatshallimplementtheproposedprogram.AsdefinedinStreetsandHighwaysCodeSection36612,theCouncilherebydesignatestheOwners’AssociationoftheOTMDasthatbody. TheOxnardConvention&VisitorsBureaudbaVisitOxnard(VO)shallcontinuetobetheOTMDOwners’Association.TheCouncilis authorizedtocontractwithVOtoadministertheOTMD.

SEC.13-12.ANNUALREPORT.

PursuanttoStreetsandHighwaysCodeSection36650,VOshallcausetobeprepareda reportforeachfiscalyear, exceptthefirstyear, forwhichassessmentsaretobeleviedandcollectedtopaythecostsoftheimprovementandactivitiesdescribedin thereport.ThefirstreportshallbedueafterthefirstyearofoperationoftheOTMD.

SEC.13-13.AMENDMENTSTOENABLINGLEGISLATION..

TherenewedOTMDshallbe subjectto anyamendmentsto thePropertyandBusinessImprovementDistrictLawof1994(CaliforniaStreetsandHighwaysCodeSection36600et.seq.).” Section2. Severability. Ifanysection,subsection,sentence,clauseorphraseorwordofthisOrdinanceisfor anyreasonheldto be unconstitutional,unlawfulor otherwiseinvalidby a courtof competentjurisdiction,suchdecisionshallnotaffectthevalidityoftheremainingportionsofthisordinance.TheCityCounciloftheCityofOxnarddeclaresthatitwouldhavepassedandadoptedthisOrdinanceandeachandallprovisionsirrespectiveofthefactthatanyoneormoreofsaidprovisionsmaybedeclaredinvalidorunconstitutionalwithoutregardtoanysuchdecisionorpreemptivelegislation.

Section3. Publication.Pursuantto GovernmentCodeSection36933(c)(1),the CityAttorneywasdesignatedtoprepare,andtheCityClerkpublished,a summaryofthisordinance,anda certifiedcopyoftheordinancewaspostedin theOfficeof theCityClerka minimumof five(5)daysbeforetheCity 289
Council’s adoptionofthisOrdinance.TheCityClerkshallcertifyastotheadoptionandshallcausethesummarythereoftobepublishedwithinfifteen(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingthevoteforandagainstthesame,intheOfficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.

Section4. EffectiveDate.OrdinanceNo.________wasfirstreadonJuly18,2023,finallyadoptedonSeptember5,2023,tobecomeeffectivethirty(30)daysafteradoption.

PASSEDANDADOPTEDTHIS5THDAYOFSEPTEMBER2023,BYTHEFOLLOWINGVOTE::

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________ATTEST: JohnC.Zaragoza,Mayor ________________________________RoseChaparro,CityClerk
APPROVEDASTOFORM:
_________________________________StephenM.Fischer, CityAttorney 290
Renewal of Oxnard T ourism Marketing
District (OTMD)
City Council
Ashley Golden, Assistant City Manager
July 18, 2023
291
Background
2 • Council approved the OTMD formation on March 5, 2019. • Visit Oxnard has the responsibility of managing the OTMD. • The OTMD creates a revenue source to help fund
marketing and sales promotion efforts for lodging
businesses with fifty-five (55) rooms or more located
within the boundaries of the City of Oxnard.
• Oxnard lodging businesses and Visit Oxnard now wish to renew the OTMD for a nine (9) year and three (3) month
term.
292

OTMD RENEWAL PROCESS
June 29, 2023 Resolution of Intention Hearing (Completed) • City Council initiated proceedings to renew the OTMD by adoption of a resolution expressing its intention to renew the OTMD.
• Petitions in favor of OTMD renewal were submitted by 7 lodging businesses, which represent 100% of the total OTMD assessments.

No Later Than: July 7, 2023 Notice (COMPLETED)
• City mailed written notice to the owners of all businesses proposed to be within the OTMD.

This begins a mandatory forty-five (45) day period in which lodging business owners may protest OTMD renewal.

July 18, 2023 Public Meeting and Introduction of Ordinance (CURRENT STEP) • Allow public testimony on the renewal of the OTMD and levy of assessments. At the public meeting, the Council shall introduce the Ordinance renewing the OTMD and levying the assessment.

September 5, 2023 Final Public Hearing and Adoption of Ordinance (NEXT STEP) • Provided there are protests totaling less than 50% from the owners of lodging businesses in the renewed OTMD which will pay more than fifty percent (50%) of the assessments proposed to be levied the Council, following the public hearing, can decide to establish the renewed OTMD by adopting the subject ordinance.
3 293
Financial Impact
• If renewed, the OTMD would generate approximately
$1,000,000 on an annual basis for each full fiscal year for promotion of travel and tourism specific to Oxnard.
• The initial “year” of operations will be a partial year consisting of three (3) months, with an anticipated
assessment budget of $250,000.
• This money is collected by the City and sent to Visit Oxnard.
• The City will receive a fee of one percent (1%) of the amount collected to cover its costs of administration.
4 294

COMMITTEE OUTCOME
• This item did not originate in Committee. Per
Resolution 15,286 F .2, items that are already approved by Council that have continuing work can go straight
to Council.
• The City Council authorized this TMD in 2019 and
the renewal does not substantially change the TMD.
• Additionally, the TMD was heard at the June 29,
2023 Council meeting.
5 295
Staff’s Recommendation
That the City Council:
• Conduct the first Public Meeting to allow members of
the public to provide comments on the renewal of the
Oxnard T ourism Marketing Districts (OTMD); and
• Approve the first reading by title only and waive
further reading of an ordinance adding Sections 13-3
through 13-13 to Article 1.5 of Chapter 13 of the
Oxnard City Code regarding the Oxnard T ourism
Marketing District.
6 296
QUESTIONS?
297

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Grant Application Resolution for the Clean California Local Grant Program Cycle 2. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution:

2. Authorizing the City Manager or designee to execute grant agreements;

3. 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

4. Authorizing the Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee.)

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

BACKGROUND

The Clean California Local Grant Program (Program) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed Caltrans and its partners. The Program budget is approximately $100 million for projects that will be completed and open to the public, with all funds expended by June 30, 2026. Each grant award shall not exceed $5,000,000.

The grant requires a local match, based on the disadvantaged status of the project site and the area surrounding the project site. With no matching funds identified for competitive projects within the City, no application was going to be submitted for this round. However, after receiving an Urban Greening grant to fund Phase II of Campus Park in April of 2023, staff was able to utilize the Urban Greening grant as the required matching funds (12.5% local match of $442,000) for this Clean California grant application. Therefore, the grant application was not able to get on a Council agenda earlier than July 18, 2023, and before the grant application deadline of May 31, 2023. The grant application was submitted on May 30, 2023.

DISCUSSION

The project involves Phase III components of the Campus Park Master Plan concept that has recently been developed as part of the State Parks Program grant that is funding Phase I. The Phase III project application involves moving the 298
existing dog park location from the southeast corner to the southwest corner of the park, adding additional amenities to the community garden, adding additional cultural and botanical signage, trash cans, a restroom, bioswales, and landscaping. The project will be able to be designed and constructed within the grant timeline. Since Phase II of the project is already funded and design will start shortly, assuming available staffing, the design and construction of Phase III may be added to the scope of Phase II.

In order to maximize the scoring of the grant proposal, while benefiting illegal dumping needs in the community, the project will also integrate a city-wide litter abatement and illegal dumping prevention media campaign.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

If awarded, $3,534,000 in Clean California Local Grant Program funds will be recognized and appropriated in Fiscal Year 2023-24. The project site requires 12.5% local match of $442,000, based on disadvantaged community indices.

Funds from the awarded Urban Greening grant (Fund 210-State Grant) will be used as the matching funds. No City funds will be used as grant match. Annual operations and maintenance cost increases are estimated to be $65,000 annually.

Proposed Project Total

PROJECT STATE REQ
UESTED
SHARE

CITY OF
OXNARD
MATCH (12.5%
of requested
grant amount;
comprised of
Urban Greening
Grant Funds)
TOTAL

PROJECT
COST
Campus Park
Enhancement
Project

$3,534,000

$442,000

$3,976,000

For Finance Use Only: Match: State Grant Fund (Org. 2103301 Obj. 59800 / Capital Outlay Fund (Org. 3013301) Project C2328

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Resolution

2. Presentation

299

CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAPPROVINGTHESUBMITTALOFAGRANTAPPLICATIONFORCLEANCALIFORNIALOCALGRANTPROGRAMGRANTFUNDSWHEREAS,OxnardCityCouncilResolutionNo.12,053setsouttheprocedurebywhichCitystaff maysubmitgrantapplications,includingapprovalbyresolutionoftheCityCouncil;and WHEREAS,thePublicWorksDepartmenthasrequestedthatCityCouncilratifythesubmittalof anapplicationto theCaliforniaDepartmentof Transportationfor$3,534,000inCleanCaliforniaLocalGrantProgramfundsto beusedfortheCampusParkEnhancementProject.

NOW, THEREFORE,theCityCouncilof theCityof Oxnardresolvesto ratifythesubmittalof a grantapplicationby the CityManagerto the CaliforniaDepartmentofTransportationforthepurposeof obtaininggrantfundingfortheCampusParkEnhancementProject.TheCityCouncilfurtherresolvesthattheCityManagerordesigneeis authorizedtoexecutegrantagreements;theFinanceDirectorordesigneeis authorizedtosubmitfinancialreportsandgrantclaimsandapprovebudgetappropriationsfortheuseofgrantfunds;andtheDirectorofPublicWorksordesigneeisauthorizedtosubmitnon-financialreports.

PASSEDANDADOPTEDTHIS18thdayofJuly, 2023,bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________JohnC.Zaragoza,Mayor
300
ResolutionNo.GRANTAPPLICATIONFORCLEAN CALIFORNIALOCALGRANTPROGRAMPage2 ATTEST:
___________________________RoseChaparro,CityClerk
APPROVEDASTOFORM:
___________________________StephenM.Fischer, CityAttorney 301
Grant Application Resolution for the Clean California
Local Grant Program Cycle 2
City Council
July 18, 2023
Eric Humel, Grants Coordinator
Public Works Department
302
That the City Council adopt a resolution:

1. Ratifying the submission of a grant application to the California Department of Transportation (Caltrans) for $3,534,000 (12.5% local match of $442,000 from the Urban Greening Grant Fund) in Clean California Local Grant Program funds for the Campus Park Enhancement Project;

2. Authorizing the City Manager or designee to execute grant agreements;

3. 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

4. Authorizing the Public Works Director or designee to submit non-financial reports.

RECOMMENDATION 2
303
• The grant program budget is $100 million statewide, with all funds to be expended by June 2026
• Local match is required based on the disadvantaged
status of the project site and the surrounding areas
• The City was awarded a $3.5 million Urban Greening
Grant for Campus Park in April of 2023, which was able
to be used as the matching funds
• Staff subsequently submitted the grant application by the deadline in May, using the recently awarded grant as the matching funds. The earliest available Council agenda
was July 18, 2023.

BACKGROUND 3
Clean California Grant
Program (Cycle 2)
304
• The project involves Phase III components of the Campus Park Master Plan
• moving the dog park
• adding additional amenities and landscaping
• adding a restroom
DISCUSSION 4
305
DISCUSSION 5
306
• If awarded, $3,534,000 in Clean California Local Grant Program funds will be recognized and appropriated
• Project site requires 12.5% local match of $442,000,
based on disadvantaged community indices. Funds from
the awarded Urban Greening grant will be used as the
matching funds
• No City funds will be used as match
• Annual operations and maintenance cost increases are
estimated to be $65,000 annually
FINANCIAL IMPACT 6
307

QUESTIONS
7 308

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: July 18, 2023

TO: City Council

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

SUBJECT: Grant Applications Resolution for the Inflation Reduction Act – Urban and Community Forestry Grant Program. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution:

3. Authorizing the City Manager or designee to execute the grant agreements, if awarded

4. 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

5. Authorizing the Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rGilAKP_OM0

BACKGROUND

The USDA Forest Service is disbursing approximately $1 Billion for urban and community forestry investments through the Inflation Reduction Act - Urban and Community Forestry grant program. Eligible projects include those that protect, enhance, and expand equitable urban tree canopy cover to maximize community access to human health, social, ecological, and economic benefits; projects that involve long-term urban forest planning, assessment, and management; projects that enact proactive and systematic maintenance and monitoring of urban trees; and projects that advance the use of tree inventories, monitoring, and assessment tools, among other objectives.

The grant program requires local match for those areas of the project that are not designated as disadvantaged, per the White House Climate and Economic Justice Screening Tool (CEJST). Approximately half of the City of Oxnard is designated as disadvantaged per the CEJST. Therefore, two grant applications were submitted: one for the areas of Oxnard that are classified as disadvantaged (requiring no matching funds - titled the “Oxnard Area D Urban Forestry Project”), and one for the areas of Oxnard that are not classified as disadvantaged (requiring matching funds - titled the “Oxnard Area ND Urban Forestry Project”).

The grant Notice of Funding Opportunity (NOFO) was released on April 12, 2023. Staff reviewed the NOFO, and 309
discussed how the grant program might fit with the current urban forestry needs and priorities of the City. Since matching funds of $333,502.50 were required for the areas of the City that are not classified as disadvantaged, staff needed to (1) determine how many trees are currently in both the disadvantaged and non-disadvantaged census tracts, (2) determine the amount of matching funds necessary for the application (based on item #1), and (3) confirm the ability to meet the match requirements. The Public Works Parks Division finalized this information in May of 2023.

The earliest available City Council meeting was July 18, 2023. However, the grant applications were due June 1, 2023, and were therefore submitted at that time.

DISCUSSION

The project involves an inventory of the City’s trees, including a Level 2 Risk Assessment of the trees, measuring canopy cover for city maintained trees citywide, and removing an estimated 600 trees that are anticipated to be recommended to be removed as part of the tree inventory and Level 2 Risk Assessment process. The project also involves urban forestry management training for the City staff.

The citywide project is split into two grant applications in order to minimize the amount of required matching funds. If awarded, the project will be managed as one project, but the financial details will be tracked separately between disadvantaged and non-disadvantaged areas in order to satisfy grantor requirements.

This project is designed to serve as a critical first step towards the long-term resiliency and health of the City’s urban forest, and is consistent with the 2021 tree report from Dudek taken to the City Council on January 18, 2022. The inventory, assessment, and educational components of this project will promote the use of technology and tools in urban forestry, as well as mapping gaps in tree canopy coverage and help to mitigate climate change.

The application submitted for the areas that require 1:1 matching funds of $333,502.50 will utilize a portion of the operating funding for the citywide urban forest program. Utilizing operating funds as a match may require a reduced number of trees to be pruned annually, slightly extending the pruning cycle. Staff recommends completing the citywide tree inventory, assessment, and hazard tree removals as a priority over the regularly scheduled grid tree pruning. This grant opportunity will help reduce the City’s costs in initiating the long-term resiliency of our urban forest, ultimately saving money in the future.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Upon notification of successful awards, City staff will appropriate the grant awards. The grant application for the Oxnard Area D Urban Forestry Project was submitted requesting $651,423 and requires no matching funds. The grant application for the Oxnard Area ND Urban Forestry Project was submitted requesting $333,502.50 in grant funds, and will require a 1:1 match in the amount of $333,502.50 from the current tree grid pruning project with available appropriations in the FY 2023-24 Adopted Budget from the General Fund Parks (1013301-53200) and Special Districts (various accounts) funds, depending on jurisdiction.

Proposed Project Totals

PROJECT FEDERAL

REQUESTED
SHARE

CITY OF
OXNARD
MATCH
TOTAL

PROJECT
COST
310
Oxnard Area D
Urban Forestry
Project
$651,423 No match
required
$651,423
Oxnard Area ND
Urban Forestry
Project
$333,502.50 $333,502.50 $667,005

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Resolution

2. Presentation

311

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR
INFLATION REDUCTION ACT – URBAN AND COMMUNITY FORESTRY
FUNDS
WHEREAS, Oxnard City Council Resolution No. 12,053 sets out the procedure by which City staff may submit grant applications, including approval by resolution of the City Council; and
WHEREAS, the Public Works Department has requested that City Council ratify the submittal of two applications to the United States Department of Agriculture Forest Service for $333,502.50 and $651,423, in Inflation Reduction Act – Urban and Community Forestry funds for the Oxnard Area ND Urban Forestry Project and the Oxnard Area D Urban Forestry Project, respectively;
NOW, THEREFORE, the City Council of the City of Oxnard resolves to ratify the submittal of two grant applications by the City Manager to the United States Department of Agriculture Forest Service for the Oxnard Area ND Urban Forestry Project and the Oxnard Area D Urban Forestry Project. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee is authorized to submit non-financial reports.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
John C. Zaragoza, Mayor
312
Resolution No.

GRANT APPLICATIONS FOR INFLATION REDUCTION ACT – URBAN AND COMMUNITY

FORESTRY FUNDS

Page 2 ends

Oxnard City CouncilJuly 18, 2023

Oxnard City Council
July 18, 2023