Oxnard City Council
September 5, 2023

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 September 5, 2023
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 840 1353 2341

3. Passcode: 266479
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 INPERSON 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/citymeetings. *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.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internetbased service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
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 (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
Jason Gonzalez v. City of Oxnard, Ventura County Superior Court Case No. 56-2019-00523147-

CU-PA-VTA

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 209 East Sixth Street, Oxnard, CA (APN 201-0-213-120) Agency Negotiator: Emilio Ramirez
Negotiating Party: Fausto Solis
Under Negotiation: Price and terms of payment
Legislative Body: City Council

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: (Street Address Not Assigned) (APN 201-0-213-150) Agency Negotiator: Emilio Ramirez
Negotiating Party: Alice Flores
Under Negotiation: Price and terms of payment
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 3

1. Police Department
SUBJECT: Police Department Update. (50 minutes)
RECOMMENDATION: That the City Council receive a report from the Police Chief on a variety of current public safety-related topics.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/j_-21tQ787U
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Commendation to Chuck Carter for his outstanding contribution to the ongoing water quality issues in the Channel Islands Harbor.

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

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

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 utilities rates as compared with other cities in the region.

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

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

J. REVIEW OF INFORMATION/CONSENT AGENDA
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 4
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

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

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of July 5, 18, and 27, 2023, regular meetings as presented.

Legislative Body: City Council
Contact: Dee Lai, (805) 385-8200

2. City Attorney Department
SUBJECT: Resolution Commending Eleanor Ebdon for over Twenty-Two Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a resolution commending Eleanor Ebdon for over twenty-two years of service to the City of Oxnard. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

3. Police Department
SUBJECT: Officer Wellness and Mental Health Grant.

RECOMMENDATION: That the City Council adopt a resolution:

1. Accepting a grant from the Board of State and Community Corrections (BSCC) California in the amount of $152,351.94 for officer wellness and mental health, with no matching funds requirement; and

2. Authorizing the City Manager or designee to execute the grant agreement and appropriate funds for the grant award; and

3. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims for the use of officer wellness and mental health funds award; and

4. Authorizing the Chief of Police or designee to submit all program-related progress or status reports.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

4. Public Works Department
SUBJECT: Trade Services Agreement 32400020 with Blackpointe Group Construction & Management Inc., for On-Call Storm Channel Cleaning Services.

RECOMMENDATION: That the City Council approve and authorize the execution of an Agreement with Blackpointe Group Construction & Management Inc. (Blackpointe), for an amount not to exceed $900,000 for a three-year term ending September 19, 2026, for On-Call Storm 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 5
Channel Cleaning Services for the Public Works Department. (Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Trade Services Agreement 32400014 with SNF Polydyne Inc. dba Polydyne Inc. for the Supply and Delivery of Cationic Polymer to the Wastewater Division.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with SNF Polydyne Inc. dba Polydyne Inc. (Polydyne) for an initial one-year term through September 6, 2024, with the option to extend through September 6, 2026, for a total contract not-to-exceed amount of $900,000, if extended, for the supply and delivery of cationic polymer to the Wastewater Division.
(Public Works and Transportation Committee approved 3-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. City Manager Department
SUBJECT: 2024 Meeting Schedule for Legislative Bodies.

RECOMMENDATION: That City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority adopt the proposed meeting dates for the calendar year 2024.
(This item did not originate in Committee.)
Legislative Body: City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority Board
Contact: Alexander Nguyen, (805) 385-7430

7. Police Department
SUBJECT: Audit Services with Eadie & Payne, LLP for the 2020-2023 California Violence Intervention and Prevention (CalVIP) Grant
RECOMMENDATION: That the City Council approve an agreement in the amount not to exceed $25,000 with Eadie and Payne, LLP to perform an audit of the 2020-2023 California Violence Intervention and Prevention (CalVIP) grant.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

8. Fire Department
SUBJECT: Response to Grand Jury Finding and Recommendation RECOMMENDATION: That the City Council comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Water Availability for Wildfires in Ventura County" dated June 12, 2023, and the Mayor also comment on the findings and recommendations and submit such comments through the form titled "Response to 2022-2023 Ventura County Grand Jury Report Form."
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 6
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

9. Public Works Department
SUBJECT: First Amendment to Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project PW 22-83.

RECOMMENDATION: That the City Council approve and authorize the execution of a First Amendment to a Professional Services Agreement with Tetra Tech, Inc. (Tetra Tech) to increase the not to exceed amount from $850,000 to $947,000 for additional design work required for the Kamala and Hobson Cast Iron Pipe Replacement 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
M. PUBLIC HEARINGS

1. City Manager Department
SUBJECT: Resolution Declaring Results of Majority Protest Proceedings, adoption of Resolution and Second Reading and Adoption of the Ordinance to Renew the Oxnard Tourism Marketing District. (10 minutes)
RECOMMENDATION: That the City Council:

1. Hold a final public hearing, declare results of the majority protest proceeding, and adopt a resolution renewing the Oxnard Tourism Marketing District; and

2. Adopt Ordinance No. 3030 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. (This item did not originate in Committee. Related items were heard at the June 29, 2023 and July 18, 2023 Council meetings.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/cWPvn-Em9Qg
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
N. REPORTS

1. City Attorney Department
SUBJECT: Omnibus City Code Update. (10 minutes)
RECOMMENDATION: That the City Council approve the introduction and first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 7

VARIOUS SECTIONS OF THE OXNARD CITY CODE TO ADDRESS CHANGES IN STATE LAW, CORRECT ERRORS, AND UPDATE GENDER-NEUTRAL REFERENCES." (The Finance & Governance Committee approved 3-0 on July 25, 2023) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/U-2QlNGaOLQ
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

2. Public Works Department
SUBJECT: Draft Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement A-8537. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to sign, once finalized, the Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement (Agreement) with the County of Ventura, the Ventura County Watershed Protection District, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks.
(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/hsCCDxXgrNQ
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Public Project Agreement 32400076 with Toro Enterprises, Inc. for Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104. (10 mins)
RECOMMENDATION: That the City Council approve and authorize:

1. A total of $4,170,133.72 in Project funds for the Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104 (Project No. C2209);

2. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $3,475,111.72 for the Project;

3. Authorize a Project contingency amount of $347,511 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $3,822,622.72 for the Project; and

4. A Project allocation amount of $347,511 (10%) 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.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/5M7mFzhwBsg
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
O. ADJOURNMENT
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 5, 2023 PAGE 8
8 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: September 5, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Police Department Update. (50 minutes)

RECOMMENDATION
That the City Council receive a report from the Police Chief on a variety of current public safety-related topics.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/j_- 21tQ787U

BACKGROUND
The Police Chief will provide a verbal update to the City Council about matters related to the Oxnard Police Department.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Jason Benites, Police Chief

ATTACHMENTS

1. Presentation
9 OXNARD CITY COUNCIL MEETING
SEPTEMBER 5, 2023

APPOINTMENT ITEM

REPORT TO CITY COUNCIL

POLICE DEPARTMENT UPDATE

JASON BENITES, CHIEF OF POLICE
10 RECOMMENDATION
2 That the City Council receive a report from
the Police Chief on a variety of current
public safety related topics.
11 PRIORITIES
3 Police Department
● Community safety
○ (Crime, traffic, community policing / neighborhood problem solving) ● Community engagement
● Maintain a culture of success
○ (Training, staffing, equipping for success. Effective and contemporary policies and procedures. Employee wellness and recognition) City Council
● Maintain 9-1-1 emergency response times
● Restore community policing
12 4
CRIME
13 OXNARD: HISTORIC CRIME TRENDS
5 (+7.81% from 2021)
14 COMPARISON: VENTURA COUNTY CRIME RATE
6 15
COMPARISON: STATE OF CALIFORNIA
7 16

NEW CRIME REPORTING STANDARDS
8 UCR
● Only 8 ‘Part One’ crimes were
captured, using a hierarchy rule:
○ Murder, Rape, Robbery,
Aggravated Assault, Larceny,
Burglary, Arson, and Motor
Vehicle Theft
● ‘Part Two’ crimes were not
reported as only one per incident
was allowed
● Provided limited information
regarding the details and all
offenses related to each incident
NIBRS
● NIBRS allows 71 ‘Group A’
offenses to be reported
○ CA also requires additional
detailed data values
● ‘Group B’ offenses that result in
an arrest are now reported
● Captures details on each single
crime incident—as well as on
separate offenses within the
same incident
○ Provides details on victims,
known offenders,
relationships to offenders,
weapons, and property
involved in crimes
17 SOME OF OXPD’s CHALLENGES
9 ● RECRUITING, HIRING, RETENTION
● SUPPLY CHAIN: VEHICLES
● RADIO INFRASTRUCTURE
● TECHNOLOGY SUPPORT
● MAINTAINING RESPONSE TIMES
18 MAINTAIN 911 EMERGENCY RESPONSE TIME
10 Goal: < 5 minutes
19 OFFICER CONTACTS WITH EMOTIONALLY DISTURBED PERSONS
11 ● Increasing frequency
● In crisis and/or under the
influence
● Volatile / aggressive behavior
● Armed with weapons /
hazardous implements
● De-escalation, tactical
disengagement
20 OFFICER CONTACTS WITH EMOTIONALLY DISTURBED PERSONS
12 21

OFFICER CONTACTS WITH EMOTIONALLY DISTURBED PERSONS
13 22

INDEPENDENT REVIEW
14 will review:

Policies, procedures, established practices, training:
● De-escalation
● Encountering emotionally disturbed persons
● De-escalation: training and emphasis within the agency ● Tactical communications
● Crisis Intervention Training
● Crisis Intervention Officer deployment
● Use of the Ventura County Crisis Response Team
● Officer-clinician partnerships
● Tracking de-escalation
https://www.oirgroup.com/
23 OVERDOSES
15 2021
Oxnard PD responded to 248 overdose calls
(82 fatal, 50 of these were opioid related)
2022
Oxnard PD responded to 287 overdose calls
(71 fatal, 56 of these were opioid related)
Naloxone (Narcan) applications by OXPD
2020: 17
2021: 64
2022: 58
2023: 55 as of August 8
24 WHAT OUR OFFICERS ENCOUNTER
16 25

STAFFING
17 26

STAFFING CHALLENGES CONTINUE
18 CHIEF

FIELD SERVICES BUREAU
PATROL

DIVISION

INVESTIGATIVE

SERVICES BUREAU

ADMINISTRATIVE

SERVICES BUREAU
Patrol impacted the most
● 26 vacancies as of 8/17/2023
● 10.1% sworn vacancy rate
● Only 8 vacancies at the end of 2022
(PD: 246 authorized sworn positions)
27 RECRUITMENT & HIRING CHALLENGES
● COVID-19 pandemic ripple effect
● The Great Resignation
● Defund the Police movements
● Diminished appeal
● Generational differences
● Lack of qualified applicants
● Limits of local hiring pool
● Competition with other agencies
○ Hiring incentives (signing bonuses)
○ Wellness programs (physical fitness, emotional wellness) ○ Other benefits (tuition reimbursement)
19 28
20 20
29 21 21
30 22 22
31 23 23
32 24 24
33 OXPD OFFICER DEMOGRAPHICS
Male: 86%
Female:14%
25 34

APPLICANT TREND
26 26
35 ONBOARDING TIME
Entry Level Officers
● Application, Testing, Screening (4-5 months)
● Pre-Academy (academy preparation) (0.5 months)
● Academy (6.0 months)
● Post-Academy (pre-field training) (1.25 months)
● Field Training (5.5 + months)
● Probationary period (1 year from hire date, extendable) Approximately 18 months from application to “in service” Dispatchers
● Application, Testing, Screening (4-5 months)
● Training (1 year)
27 27
36 OFFICER HIRING TREND 2018-2023 YTD
28 (July 31, 2023) 28
37 ENTRY LEVEL OFFICER ATTRITION TREND 2019 -2023 YTD*
29 *(July 31, 2023)
(48%)
29 38
OXPD OFFICER SEPARATION TREND 2019 -2023 YTD*
30 *(July 31, 2023)
(8 of 103 left for another LEA)
(9 of 103 now working for another LEA)
30 39

FIREWORKS
31 40

FIREWORKS ARE ILLEGAL
32 41

FUEGOS ARTIFICIALES SON ILEGALES
33 42
Types of Fireworks
“Safe and sane” 12529 H&S
“Dangerous” fireworks: 12505 H&S
•“Explode, skip, fly, travel, or dart”
34 43

IMPACTS
• Disturbs personal peace and wellbeing
• Effects on people
• Effects on pets and animals
• Fire risk
• Injury / fatality risk
35 44

A LONG LIST OF CHALLENGES
• Fireworks are easily obtained
• Nationwide culture that embraces fireworks
• Community is divided on the issue
• Disturbs personal peace, callers often angry (on social media too) • Need to be in a position to enforce (see it / have enough info to act upon) • Most callers provide minimal information
• Competes with call volume (emergencies)
• The surge of fireworks calls strains police resources (9-1-1) • Officer safety (crowds, intoxicated people, fleeing or resistive) • Competing priorities: limited resources allocated to address: holiday call volume, crime trends, DUI enforcement, Fireworks by the Sea event • Expectations often unreasonable (checkpoints, higher fines, jail, etc.) 36 45

OXNARD CITY CODE AND FINES
Civil citations (“preponderance of evidence”)
Oxnard City Code 7-147.1 (B)
Possession of safe and sane fireworks
• $250 fine
Oxnard City Code 7-147.1 (B)
Possession of dangerous fireworks
• $1,000 fine
37 Q: Why aren’t the fines higher?
A: $1,000 is the maximum fine amount allowable by state law! Q: Why don’t you just arrest them?
A: While someone is being arrested the officers are out of service in the field.
46 HOST LIABILITY ORDINANCE AND FINES
Introduced in 2018:
7-147.1(B)(2): “Except as authorized by the fire chief in accordance with the currently adopted California Fire Code, no property owner or tenant shall allow or permit the sale, offer to sell, use or possession of fireworks on their property when the property owner or tenant knows or should know of the sale, offer to sell, use or possession of fireworks at the property.” Violators of the ordinance would be fined:
● $250 for the first violation, if the involved fireworks are classified as “safe and sane.” ● $500 for the second violation within twelve (12) months of the first violation. ● $1,000 per offense related to “dangerous fireworks.”
● $1,000 for each subsequent violation within twelve (12) months of the first violation. 38 47

FIREWORKS STATISTICS
39 48
2023 FIREWORKS MITIGATION EFFORT
Team effort between PD, FD, Code Compliance
• News releases
• Social media (videos, animal safety info, reporting, fines) • Tip lines/email
• Warning letters
• Message trailer deployments
• Enhanced staffing
Fireworks activity reporting
Hotline: (805) 394-5884
Email: [email protected]
49 40
2023 FIREWORKS MITIGATION CAMPAIGN
Data driven
deployment
June 1-July 5, 2023
41 50
2023 FIREWORKS MITIGATION CAMPAIGN
Search
warrant
42 51

DRONES AND FIREWORKS ENFORCEMENT
2 43
52 Fireworks Statistics
44 Fireworks by the Sea
event is back
53 NOT JUST IN OXNARD!!
45 54

UPCOMING EVENTS
46 September 29 : Ventura County Criminal Justice Training Center academy graduation September 27: Employee Promotion & Recognition Ceremony October:
55 THANK YOU FOR YOUR SERVICE
47 Commander Alex Arnett Commander Tim Kelley
56 END OF UPDATE
48 48
57 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: September 5, 2023
TO: City Council
FROM: Dee Lai, Assistant City Clerk, (805) 385-8200, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the minutes of July 5, 18, and 27, 2023, regular meetings as presented.

BACKGROUND
Approval of Minutes.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Dee Lai, Assistant City Clerk

ATTACHMENTS

1. 07 05 2023 Council Minutes

2. 07 18 2023 Council Minutes

3. 07 27 2023 Council Minutes
58 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 5, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:30 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 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 Basua was absent.

Housing Authority Commissioner Jose Andrade was present and joined the meeting at 6:00 p.m. Housing Authority Commissioner Vega was absent.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Michelle (Elle) McCarron, Assistant City Attorney; Jason Benites, Police Chief; Michael Wolfe, Public Works Director; Emilio Ramirez, Housing Director; Terrel Harrison, Cultural, and Community Services Director; Alex Hamilton, Fire Chief; Steve Howlett, Assistant Public Works Director; Pam Morrison, Community Services Manager; Brenda Lopez, Housing Programs Manager; Eric Zetz, Environmental Resources Manager; Tim Beaman, Senior Civil Engineer; Kathleen Mallory, Planning and Sustainability Manager; Robert Ruben, Interim Chief Information Officer; Tai Chau, Supervising Civil engineer; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

Brian Yanez, Assistant Public Works Director, participated via videoconference.

The following legislative bodies are meeting: the City Council and the Oxnard Housing Authority.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449 B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.

2. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Attorney
Legislative Body: City Council

3. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
59 July 5, 2023 OXNARD CITY COUNCIL PAGE 2
Title: City Manager
Legislative Body: City Council
At 4:32 p.m., the City Council recessed into a closed session. At 6:18 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that the annual performance reviews of the City Attorney and the City Manager were conducted by the Council. Mr. Fischer also reported that the City Council by a vote of 5-1-1, with Madrigal, Perello, Valenzuela Zavala, MacDonald, and Zaragoza voting in favor, Basua absent and Teran recusing himself due to a potential conflict of interest involving the party to the litigation, directed the City Attorney to initiate an action and that the action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

D. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of July, 2023 as "Parks and Recreation Month."
Mayor Zaragoza read the proclamation and delivered it to Danaly Perez, Olympia Hugo, and Esteban Melchor, Recreation Supervisors, as well as their teams. Parks and Recreation Department staff joined the Council on the dais to accept the proclamation, thanked the Council, and spoke briefly.

Pam Morrison, Manager of Cultural and Community Services; Terrel Harrison, Director of Cultural and Community Services; Steve Howlett, Assistant Public Works Director; and Council members recognized and commended the Parks and Recreation staff for their hard work, devotion, and accomplishments.

No public comments were received.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Bob Lopez Jr. (City Resolution on abortion), Charles Teachout (City Resolution on abortion), Mary McQuattre (City Resolution on abortion), Nancy Bemis (Sycamore Senior Village apartment), Kurt Meyer (Sycamore Senior Village apartment), Art Santellance (Sycamore Senior Village apartment), Briana Cespedes (abortion), Ricardo Santana Velazquez (new Consulate of Mexico and appreciation to City Council).

G. 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.

The City Manager, Alex Nguyen, provided statistics from the California Department of Education on the Best Schools in Ventura County and the Ventura County School District Performance to offer a comparison of how public school systems in the community and counties surrounding the City of Oxnard are doing. According to Councilmember Madrigal, calculating exam scores and rating schools is a complex task. Councilmembers expressed appreciation to the city manager and Councilmember Madrigal for sharing the information. 60 July 5, 2023 OXNARD CITY COUNCIL PAGE 3
No public comments were received.

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

BUSINESS/COMMITTEE REPORTS
Mayor Zaragoza asked for an update on the fireworks. He added that he received an email from a veteran who suffers from PTSD and is bothered by the noise of the fireworks. He also mentioned that some people were concerned for their pets and dogs.

Police Chief Jason Benites stated that the fireworks issue is not unique to Oxnard and that other cities in California are experiencing the same problem. He estimated that roughly 20,000 people attended the July 4th Fireworks by the Sea at Channel Islands Harbor. From Memorial Day until July 4th, he said, police officers go out and do fireworks enforcement based on information provided by the community, issuing citations to those who are either in possession of fireworks or organizing fireworks activities at their houses. He stated that there is a considerable decrease in calls for service to the dispatch center this year compared to the prior year.

According to Alex Hamilton, Fire Chief, the success they have had in recent years is due to the collaboration of the Police Department, the Fire Department, and the Code Enforcement Department. According to him, the fire service saw a 35% spike in call volume leading up to the weekend. He stated that there was a vehicle fire caused by fireworks, as well as a small fire in the north part of Oxnard that resulted in two minor injuries. He also indicated that there were just about a dozen calls about fireworks.

Councilmember Teran expressed thanks to the Wagon Wheel Neighborhood Council and the River Park Neighborhood Council for their recent meetings, and welcomed the new and returning executive boards. He announced that the Fremont South Neighborhood Council will meet on July 6, 2023, at 6:30 p.m., across the street from the fire station on the corner of 5th and K Street.

Councilmember Madrigal stated that he has no updates to report.

Mayor Pro Tem MacDonald stated that his neighborhood was quiet on July 4th. He reported that the Gold Coast Transit Authority had a meeting earlier today. He commented that there were people holding posters in front of their Auto Center Drive site expressing their dissatisfaction with the wage hours and working conditions. He stated that Gold Coast staff are working to resolve the matter.

Councilmember Perello commended the Fire Department and the Police Department for their efforts throughout the Fourth of July weekend. He stated that the Seaview Neighborhood Council will meet at Sea View Park on Friday, July 28th, at 6:00 p.m. He said it was going to be an election meeting.

Councilmember Valenzuela stated that he has no updates to report.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K.10 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Pat Brown (K.2, K.3, and K.6), and Teresa Clemen (K.3).

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
61 July 5, 2023 OXNARD CITY COUNCIL PAGE 4
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 16, 2023 and June 6, 2023 regular meetings as presented.

2. Community Development Department
SUBJECT: Grant Application for the Southern California Association of Governments, Regional Early Action Planning Grant to Promote Housing Infill on Public and Private Lands.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,725:

1. Authorizing the City Manager to apply for the Southern California Association of Governments, Regional Early Action Planning Grant to Promote Housing Infill on Public and Private Lands, to be used for the development of a Transit Oriented Development/High Quality Transit Corridor Program;

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

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

4. Authorizing the City Manager or designee to submit all program-related progress or status reports.

3. Community Development Department
SUBJECT: Adoption of Ordinance No. 3029 - Approving Compliance Fees for Firearms, Alcohol, Cannabis, and Tobacco Businesses.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3029 titled “Ordinance of the City of Oxnard, California adding Sections 13-1 and 13-2 to Article 1 of Chapter 13 of the Oxnard City Code Reflecting the City Council Approved Compliance Fees for Firearms, Alcohol, Cannabis, and Tobacco Businesses”; and

2. Find that the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines.

4. Housing Department
SUBJECT: First Amendment to Agreement A-8512 for Plaza Vista Apartments Drain Line Project.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize the execution of a First Amendment to Agreement A-8512 with Oscalibur Plumbing, Inc. in the amount of $204,559.63 for a total agreement value of $472,032.55 using funds appropriated from the 2020 Capital Fund grant. (This item did not originate in Committee. This amendment is necessary for the completion of the project underway to replace the drain line system at the Plaza Vista public housing site. The funding is included for the agreement and the amendment in the adopted Capital Fund Program 5 Year Action Plan. The terms of the original agreement were considered by the Community Services, Public Safety, Housing & Development Committee on January 24, 2023.)

5. Public Works Department
62 July 5, 2023 OXNARD CITY COUNCIL PAGE 5
SUBJECT: First Amendment to Agreement 9721-22-FN with Salado Enterprises for the Citywide Vehicle Mobile Washing and Detailing Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Agreement with Salado Enterprises in the amount of $175,000 for a new total not to exceed $375,000 for an additional period of 12 months for the Citywide Vehicle Mobile Washing and Detailing Services.
(Public Works and Transportation Committee approved 3-0.)

6. Public Works Department
SUBJECT: Purchase Order with Safety Network Traffic Signs, Inc. for Finished Street Signs.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Manager to execute a Purchase Order with Safety Network Traffic Signs, Inc. for finished street signs in the amount not to exceed $750,000 for a five-year term ending on June 30, 2028. (Public Works and Transportation Committee approved 3-0)

7. Public Works Department
SUBJECT: Audit Services with Eadie & Payne, LLP for the City’s Golf Operations Audit.

RECOMMENDATION: That the City Council approve an amount not to exceed $20,000 for Eadie & Payne, LLP to perform an audit of the City’s golf operations. (Public Works and Transportation Committee approved 3-0.)

8. Public Works Department
SUBJECT: Public Project Agreement 32400021 with Best Drilling and Pump, Inc. for Well 20 Rehabilitation Project, Specification No. PW 23-98.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $648,648 in Project funds for the Well 20 Rehabilitation Project, (No. C2401):

1. Execute an Agreement with Best Drilling and Pump, Inc. in the amount of $540,540 for the Project;

2. Authorize a Project contingency amount of $54,054 (10%) with Best Drilling and Pump, Inc. for a total not to exceed value of $594,594 for the Project;

3. A Project allocation amount of $54,054 for engineering, inspection, survey and project management for the Project; and

4. Approve appropriations of $650,000 in fiscal year 2023-24 from the available fund balance in the Water Operating Fund (601) (and the corresponding appropriation and transfer in revenue in the Water Capital Fund 602) for the use of this 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.

Consent Items K.1, K.2, K.3, K.5, K.6, K.7, and K.8:

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald, and Zaragoza voted in favor; the motion passed 6-0-1. Councilmember Basua was absent. 63 July 5, 2023 OXNARD CITY COUNCIL PAGE 6
Housing Authority Consent Item K.4:

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald, Zaragoza and Housing Authority Commissioner Andrade voted in favor; the motion passed 7-0-2.

Councilmember Basua and Housing Authority Commissioner Vega were absent.

L. REPORTS

1. Housing Department
SUBJECT: Proposal for Foul Weather Sheltering from the Commission on Homelessness. (10 minutes)

RECOMMENDATION: That City Council determine:

1. If it wishes to create a Foul Weather Shelter Pilot Program; and

2. If the City Council elects to create a Foul Weather Shelter Pilot Program, determine if the funding source will be General Fund or Community Development Block Grant funds. (The Community Services, Public Safety, Housing and Development Committee approved 3-0.) Emilio Ramirez, Housing Director, presented and answered the Council’s questions. Public comments were received from Leona Rollins, Theresa Clemen, and Yukio Okano. Discussion ensued among the Council and staff.

It was moved by Councilmember Teran, seconded by Mayor Pro Tem MacDonald, to approve the Foul Weather Shelter Pilot Program using the General Fund, with staff directed to look into extending the operating period. VOTE: Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald, and Zaragoza voted in favor; the motion passed 6-0-1. Councilmember Basua was absent.

2. Public Works Department

SUBJECT: Sixth Amendment to Agreement A-8094 with WKE, Inc., Union Pacific Railroad Public Highway Overpass Agreement A-8257, and Resolution for Section 190 Grade Separation Program funding for Rice Avenue at Fifth Street/State Route 34 Grade Separation. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve and authorize the execution of a Sixth Amendment with WKE, Inc. in the amount of $376,898.07, for a new not to exceed contract value of $9,877,855.25 to complete the Plans, Specifications and Estimates for the Rice Avenue at Fifth Street/State Route 34 Grade Separation, Project No. C1301/133101;

2. Approve and authorize the Mayor to execute the Union Pacific Railroad Public Highway Overpass State Agreement No. 07R292, upon receipt from Caltrans; and

3. Adopt a Resolution No. 15,726 authorizing the City Manager to file an application request to the Department of Transportation for Section 190 Grade Separation Program funds. (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.)
64 July 5, 2023 OXNARD CITY COUNCIL PAGE 7
Michael Wolfe, Public Works Director, presented and answered the Council’s questions. Public comments were received from Pat Brown and Theresa Clemen. Discussion ensued among the Council and staff.

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

3. Public Works Department

SUBJECT: Third Amendment to Professional Services Agreement A-8294 with Brown and Caldwell for Primary Clarifiers and Activated Sludge Basins Improvement Project PW 21-17. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the execution of a Third Amendment to a Professional Services Agreement with Brown and Caldwell to increase the not to exceed amount from $1,212,473 to $1,349,868 for additional design work required for the Primary Clarifiers & Activated Sludge Improvements.

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.

Michael Wolfe, Public Works Director, presented and answered the Council’s 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: Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald, and Zaragoza voted in favor; the motion passed 6-0-1. Councilmember Basua was absent.

4. Public Works Department
SUBJECT: First Amendment to Professional Services Agreement A-8415 with AECOM Technical Services, Inc. for On-Call Utility Engineering Services. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM Technical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for OnCall Utility Engineering Services. (Public Works and Transportation Committee approved 3-0.) Michael Wolfe, Public Works Director, presented and answered the Council’s questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Zaragoza, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald, and Zaragoza voted in favor; the motion passed 6-0-1. Councilmember Basua was absent.
65 July 5, 2023 OXNARD CITY COUNCIL PAGE 8
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:17 p.m.
________________________________
DEE LAI JOHN C. ZARAGOZA
Interim City Clerk Mayor
66 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 18, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:00 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 Basua arrived at 5:40 p.m.

Councilmember Teran attended this meeting remotely from the Comfort Suites (Business Center), 210 E.

Acequia Avenue, Visalia, CA 93291. Due to emergency circumstances, Mayor Pro Tem MacDonald participated remotely.

Staff members present in person were Alexander Nguyen, City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Michael Wolfe, Public Works Director; Joseph Marcinko, Steve Howlett, Assistant Public Works Director; Javier Chagoyen-Lazaro, Interim Chief Financial Officer; Denise Morehouse, Assistant Police Chief; Philip Schwieder, Streets Division Manager; John Colamarino, Assistant Fire Chief; Michelle McCarron, Assistant City Attorney; Tim Beaman, Senior Civil Engineer; Luis McArthur, Police Commander; Dee Lai, Assistant City Clerk; and Rose Chaparro, City Clerk.

Staff members present virtually were Nikolas Boas, Supervising Civil Engineer; Brian Yanez, Assistant Public Works Director; and Taylor Gambino, Civil Engineer;
The following legislative bodies are meeting: City Council CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449:

It was moved by Councilmember Perello, seconded by Councilmember Valenzuela Zavala, to approve the remote participation. VOTE: Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 5-0-1-1. Councilmember Basua was absent. Mayor Pro Tem MacDonald abstained. He disclosed that it was due to medical reason for his request to participate remotely and that no other individuals were present in the room from which he was attending.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

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
67 July 18, 2023 OXNARD CITY COUNCIL PAGE 2

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
At 5:06 p.m., the City Council recessed into a closed session. At 5:56 p.m., the City Council reconvened in an open session in the Council Chambers. The City Attorney announced that no reportable actions came out of the closed session.

D. OPENING CEREMONIES
Councilmember Basua led the pledge of allegiance.

E. CEREMONIAL ITEMS

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

Mayor Zaragoza read the Commendations and delivered them to Ella Ochoa and Monica Adrian. Ella Ochoa and Monica Adrian joined the Council on the dais to accept the Commendations, thanked the Council, and spoke briefly.

Public comment was received from Barbara Macri-Ortiz.

2. SUBJECT: Presentation of a Resolution No. 15,727 Commending Maria Herrera for thirty-eight years of exemplary service to the City of Oxnard.

Mayor Zaragoza read the Resolution and delivered it to Maria Herrera. Maria Herrera joined the Council on the dais to accept the Resolution, thanked the Council, and spoke briefly.

No public comments were received.

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

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

Dorina Padilla, Priscilla Herrera, Carol Beck, and Bruce Beck joined the Council at the dais and gave an update 68 July 18, 2023 OXNARD CITY COUNCIL PAGE 3
on the Oxnard-Ocotlan Sister Cities Committee Visitation. The 59th visitation will take place from August 2, 2023, to August 8, 2023, as announced by Dorina Padilla. The opening ceremony will take place on August 3, 2023, at 10:00 a.m. in Plaza Park, and she sent an invitation to the council members, city officials, the Oxnard community, and the larger Ventura County community. Mayor Zaragoza, Mayor Pro Tem MacDonald, Lorraine MacDonald, Amazon, Channel Islands Boating Center, Oxnard City Council, the City Manager's office, Oxnard City Corp, Oxnard Visitors Conventions Bureau, Oxnard Fire, Oxnard Police, and Gary Blum from Oxnard Downtowners were among the individuals she thanked for their support.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Roberto Salazar (unpermitted vendors), and Theresa Clemen (Public restrooms at College Park).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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.

The National Night Out event will be held on August 1, 2023, according to City Manager Alex Nguyen. He added that six neighborhoods are organizing events that will begin at various times. He stated that Community Action of Ventura County will continue to assist with utility bill payments. Alex presented a breakdown of Oxnard citizens' educational attainment under local government fun facts.

No public comments were received.

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

BUSINESS/COMMITTEE REPORTS
Mayor Pro Tem MacDonald announced that a tentative labor agreement on labor problems has been reached between the Local Teamsters Union and Gold Coast Transit. He stated that he anticipates a special meeting to assess the contract status and settle the issue.

Councilmember Teran expressed his appreciation for being able to participate in the meeting remotely while traveling for his full-time day job.

Despite the fact that it is not as hot in Oxnard, Councilmember Madrigal advised everyone to be safe and hydrated.

Councilmember Basua stated that she has no updates to report.

Councilmember Perello stated that the Golden Future 50+ Senior Expo will be held on July 27, 2023, from 9:00 a.m. to 1:30 p.m., at the Oxnard Performing Arts & Convention Center, 800 Hobson Way. Adults aged 50 and up are admitted free. He thanked the speaker, Roberto Salazar, who spoke about Oxnard's unlicensed food vendors. He requested that city employees follow up with Roberto with information.

Mayor Zaragoza stated that he has no updates to report. 69 July 18, 2023 OXNARD CITY COUNCIL PAGE 4
Councilmember Perello and Mayor Zaragoza spoke about the positive performance evaluations given to the City Manager and City Attorney during the 7/5 Council meeting.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K.10 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Pat Brown (K.2 and K.5), and Teresa Clemen (K.7).

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.

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.)

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;
70 July 18, 2023 OXNARD CITY COUNCIL PAGE 5

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 in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

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 No. 15,728:

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.)

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.)

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.

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.) 71 July 18, 2023 OXNARD CITY COUNCIL PAGE 6

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 No. 15,729 declaring the intent of the City to be reimbursed for certain capital expenditures from the proceeds of indebtedness.

Consent Items K.1, K.2, K.3, K.4, K.5, K.7, K.8
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

Consent Item K.6
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 5-1-1. Councilmember Teran recused himself because of a professional conflict with the Oxnard Union High School District. Councilmember Perello voted no.

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 No. 3030 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.

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

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comment was received from Pat Brown.

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

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 No. 15,730:
72 July 18, 2023 OXNARD CITY COUNCIL PAGE 7

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.)
Michael Wolfe, Public Works Director presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0-1. Mayor Pro Tem MacDonald recused himself due to a conflict with his residence being located 1 block from the Campus Park project.

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 No. 15,731:

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.)
Michael Wolfe, Public Works Director, Steve Howlett, Assistant Public Works Director, and Eric Humel, Grants Coordinator 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 Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0-1. Mayor Pro Tem MacDonald was absent for the vote.

3. Public Works Department
73 July 18, 2023 OXNARD CITY COUNCIL PAGE 8
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.) Brian Yanez, Assistant Public Works Director, and Philip Schwieder, Streets Division Manager, 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 Basua, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0-1. Mayor Pro Tem MacDonald was absent for the vote.

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:

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 No. 15,732 Authorizing Examination of Sales, Transactions and Use Tax Records to MuniServices, LLC.

Javier Chagoyen-Lazaro, Interim Chief Financial Officer 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 Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, MacDonald and Zaragoza voted in favor; the motion passed 7-0.

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.

Javier Chagoyen-Lazaro, Interim Chief Financial Officer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

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

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:52 p.m.
74 July 18, 2023 OXNARD CITY COUNCIL PAGE 9
__________________________ ___________________________
DEE LAI JOHN C. ZARAGOZA
Interim City Clerk Mayor
75 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 27, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:30 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 Assistant 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 Madrigal arrived at 4:33 p.m. Councilmember Basua arrived at 4:47 p.m.

Staff members present in person were Alexander Nguyen, City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Michelle (Elle) McCarron, Assistant City Attorney; Jason Benites, Police Chief; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director; Brenda Lopez, Housing Programs Manager; Annie Jensen, Project Manager; Terrel Harrison, Cultural and Community Services Director; Philip Molina, City Treasurer; Javier Chagoyen-Lazaro, Interim Chief Financial Officer; Robert Ruben, IT Business Solutions Director; Lisa Baker, Assistant Human Resources Director; Elsa Brown, Affordable Housing Program Manager; Denise Morehouse, Assistant Police Chief; Kathleen Mallory, Planning and Sustainability Manager; and Dee Lai, Assistant City Clerk.

Brittany Lawless, Community Development Partners, Senior Development Manager participated via videoconference.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449 B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

C. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
City of Oxnard v. Fox Canyon Groundwater Management Agency, Los Angeles Superior Court Case No. 20STCP00929

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
OPV Coalition; et al. v. Fox Canyon Groundwater Management Agency; et al., Santa Barbara Superior Court Case No. VENCI00555357
At 4:33 p.m., the City Council recessed into a closed session. At 5:14 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney, announced that the City Council by a vote of 7-0 has directed its legal counsel to forgo appealing the denial of the city’s third cause of action in the Fox Canyon GMA litigation that challenged the GMA’s CEQA finding. Alternatively, the City Council authorized its legal counsel to file a cross-appeal challenging Judge Kin's denial of the City's CEQA cause of action if the GMA files an appeal of the Court's ruling that invalidated the GMA's allocation ordinance. 76 JULY 27, 2023 OXNARD CITY COUNCIL Page | 2
D. APPOINTMENT ITEMS

1. City Manager Department
SUBJECT: Presentation by the County of Ventura on Vector Control.

RECOMMENDATION: That the City Council receive the verbal report regarding the Ventura County Resource Management Agency, Environmental Health Division Vector Control Program and provide comments.

Ron Ventura, Ventura County Environmental Health Division Vector Control Manager, and Cary Svoboda, Ventura County Environmental Health Division Vector Control Program Lead, presented and answered the City Council’s questions. No public comments were received. Discussion ensued among the council and staff.

2. Public Works Department
SUBJECT: Presentation of the Parks, Recreation, and Community Services Commission Report.

RECOMMENDATION: That the City Council receive a presentation from the Parks, Recreation, and Community Services Commission.

Angela Whitecomb, Chair of the Parks, Recreation, and Community Services Commission, presented and answered the City Council’s questions. No public comments were received. Discussion ensued among the council and staff.

E. OPENING CEREMONIES
Mayor Zaragoza led the pledge of allegiance.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of the Oxnard Housing Authority Education Scholarship Program.

Emilio Ramirez, Housing Director, stated that the Oxnard Housing Authority education scholarships are privately funded and offered to Section 8 participants. He introduced the scholarship's three sponsors, Montecito Bank & Trust, Ventura County Credit Union, and the City of Port Hueneme, all of whom congratulated the scholarship recipients. Basant Gendi, Tania Salceda, Stephanie Nieto, Shavonne Asberry, and Ana Christine Negrete were among the five scholarship awardees, each of whom received $1500 as well as a Chromebook. Shavonne Asberry and Ana Christine Negrete, along with their families, joined the Council on the dais to accept the ceremonial checks, expressed their gratitude, and spoke briefly. Tania Salceda, Stephanie Nieto, and Basant Gendi were not present at the meeting. Tania Salceda was represented by her mother, Norma Moreno. The council expressed gratitude to the scholarship sponsors, the Oxnard Housing Authority, and wished the scholarship recipients the best of luck in their future pursuits.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ray Blattel (fireworks), Jack Villa (traffic and pedestrian safety).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Local Government Fun Fact: Oxnard Education Attainment Statistics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics.
77 JULY 27, 2023 OXNARD CITY COUNCIL Page | 3
The City Manager, Alex Nguyen, reminded everyone about National Night Out on August 1, 2023. He added that six neighborhoods are organizing events that will begin at various times. He stated that Community Action of Ventura County will continue to assist with utility bill payments. Under "local government fun facts," Alex illustrated the Ventura Community College District's funding. The councilmembers were given the summer reading book Paved Paradise by Alex.

Public comments were received from Barbara Macri-Ortiz, Manuel Herrera, and Bryan Rodriguez.

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

BUSINESS/COMMITTEE REPORTS
Councilmember Valenzuela Zavala thanked all the staff for their work. He hoped everyone enjoyed the month without council meetings and that many city members will be at the Cowboy camps.

Councilmember Perello commented on several topics, including neighborhood council meetings, traffic cameras, speeding, fireworks, and Jack Villa after seeing him in the hospital. With no council meeting in August, he hoped everyone enjoyed their summer break. He said that if a special meeting was required, the council would be accessible. He was grateful for the legal team's excellent work on the litigation. He expressed appreciation to those who attended the meeting, congratulated the scholarship winners, and wished them luck in their future pursuits.

Councilmember Basua stated that she will be returning her children to school and then becoming an empty nester.

Councilmember Madrigal thanked everyone who volunteered their time during the summer break to assist our community's youngsters. He referenced the police department's soccer summer camp last month. He was invited to a preview event for Seafood City Supermarket, a new market. He stated that teachers make terrible students because he can do the assigned summer reading in 10 minutes.

Councilmember Teran commented on several topics, including whether or not the book Paved Paradise is available in PDF format; fireworks; police calls for service; navigation applications and Google Maps; speed restrictions; traffic flow; and street paving. Councilmember Teran expressed appreciation to the city manager for the assigned reading. He stated that the council would be available during the legislative recess and that city staff is still working on future items in September and beyond.

Mayor Pro-Tem MacDonald stated that Gold Coast Transit and the Local Teamsters Union have reached a labor agreement. He spoke about the dangers of fireworks and how the police enforced them.

No public comments were received.

1. City Clerk Department
SUBJECT: Appointment of Member to Serve on the City’s Senior Services Commission (CAGs).

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Linda Calderon to the Senior Services Commission representing District 6.

Dee Lai, Assistant City Clerk, was available to answer questions. No public comments were received.

Discussion ensued among the council and staff.
78 JULY 27, 2023 OXNARD CITY COUNCIL Page | 4
It was moved by Councilmember Valenzuela Zavala, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

2. City Clerk Department
SUBJECT: Appointment of Member to Serve on the City’s Senior Services Commission (CAGs).

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Naomi Ontiveros to the Senior Services Commission representing District 4.

Dee Lai, Assistant City Clerk, was available to answer questions. No public comments were received.

Discussion ensued among the council and staff.

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

3. City Manager Department
SUBJECT: City Council Resolution To Create A Volunteer Internship Program with Stipend.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,733 creating a volunteer internship program with a stipend.

Alex Nguyen, City Manager, was available to answer questions. A public comment was received from Bryan Rodriguez. Discussion ensued among the council and staff.

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

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.10 were discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 29, 2023 regular meeting as presented.

2. Police Department
79 JULY 27, 2023 OXNARD CITY COUNCIL Page | 5
SUBJECT: Resolution Commending Alex Arnett for over Thirty-Two Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a Resolution No. 15.734 commending Alex Arnett for over thirty-two years of service to the City of Oxnard Police Department.

3. Police Department
SUBJECT: Resolution Commending Daniel Casson for over Thirty-Three Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,735 commending Daniel Casson for over thirty-three years of service to the City of Oxnard Police Department.

4. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period January 1, 2023 through June 30, 2023. (This item did not originate in Committee.)

5. Police Department
SUBJECT: Military Equipment Policy and Ordinance.

RECOMMENDATION: That the City Council:

1. Find that each type of military equipment identified in the Oxnard Police Department's Annual Military Equipment Report complies with the standards set forth in Government Code Section 7071(d); and

2. Renew Ordinance 3014, continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department.

6. Police Department
SUBJECT: Office of Traffic Safety - STEP Grant.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,736 authorizing:

1. The City Manager to apply for $455,161.44 in grant funds from the State of California, Office of Traffic Safety (OTS), to be used for the FY 2023-2024 Selective Traffic Enforcement Program (S.T.E.P.);

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

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

4. The Chief of Police or designee to submit all program related progress or status reports.

7. Finance Department
SUBJECT: Fourth Amendment to Tyler Technologies Software as an ERP Service Agreement (A8767) resulting in contract savings of $606,502.00.

RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Fourth Amendment with Tyler Technologies Software as an ERP Service “SaaS” Agreement resulting in a net contract savings of $606,502.
80 JULY 27, 2023 OXNARD CITY COUNCIL Page | 6

8. Information Technology Department
SUBJECT: Second Amendment with Kore1 for IT Recruiting Services.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute a Second Amendment to Professional Services Agreement 32300297 with Kore1 LLC to increase the value of the agreement from $200,000 to $500,000 through December 31, 2024, for information technology recruitment services.

9. Fire Department
SUBJECT: Ratify submission of application for 2022 Emergency Management Performance Grant (EMPG) (In kind match of $36,393 required).

RECOMMENDATION: The Oxnard City Council adopt a Resolution No. 15,737:

1. That ratifies the submission of a grant application to the Ventura County Office of Emergency Services for the 2022 Emergency Management Performance Grant (EMPG) in the amount of $36,393 for the purpose of offsetting the salary and benefits of the Emergency Services Manager, and the required salary match of $36,393;

2. That authorizes the City Manager or designee to execute the grant agreement if funds are awarded to the City;

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

4. That authorizes the Fire Chief or designee to submit non-financial reports.

10. Housing Department
SUBJECT: Transformative Climate Communities Grant Application

RECOMMENDATION: That the City Council:

1. Adopt a Resolution No. 15,738:
a. authorizing the City Manager, or designee, to submit a Transformative Climate Communities Program grant application for $2,400,000 in partnership with Many Mansions; b. authorizing the City Manager, or designee, to execute and submit all grant documents including, but not limited to, applications, agreements, and payment requests, that may be necessary to carry out the purposes of the grant;
c. authorizing the Chief Financial Officer, or designee, to submit financial reports and grant claims, and approve budget appropriations for the use of the grant funds; and d. authorizing the Housing Director, or designee, to submit non-financial reports; and

2. Authorize the City Manager, or his designee, to execute a conditional funding award letter, committing $1,200,000 of HOME American Rescue Plan funding to Many Mansions for the construction of Aspire Apartments, an eighty-eight-unit mixed-use affordable rental housing project located at 536-538 Meta Street.
(This item did not originate in Committee.)
Consent Items L.1 – L.10
It was moved by Councilmember Teran, seconded by Councilmember Valenzuela Zavala, to approve the 81 JULY 27, 2023 OXNARD CITY COUNCIL Page | 7
recommended action with the correction to the June 29, 2023 minutes to indicate that Councilmember Teran participated in person rather than remotely. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

M. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending June 30, 2023.

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

Phillip Molina, City Treasurer, was available to answer questions. No public comments were received. The report was received and filed; no formal action was required.

2. Housing Department
SUBJECT: Exclusive negotiation agreement between the City of Oxnard, the Parking Authority of the City of Oxnard and The Daly Group.

RECOMMENDATION: That the City Council and the Board of the Parking Authority of the City of Oxnard authorize the Mayor and Chair, respectively, to execute the Exclusive Negotiation Agreement with The Daly Group regarding the Social Security Administration Building (425 South B Street), North Fifth Street, and the surrounding surface parking between B and C Streets and Fourth Street in downtown Oxnard, otherwise known as “Plaza Park North”. (This item was not considered by a Council Committee. The development of Plaza Park North was included in the discussion with the City Council on April 4, 2023.) Emilio Ramirez, Housing Director, presented and answered questions. A public comment was received from Abel Ramirez. Discussion ensued among the Council and staff.

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

3. Housing Department
SUBJECT: Grant of Easement to Southern California Edison on a portion of City owned property located at 251 South A Street in Downtown. (10 minutes)

RECOMMENDATION: That the City Council:

1. Grant a 409 square foot easement to Southern California Edison on the City-owned property located at 251 South A Street consistent with Exhibit A and Exhibit B; and

2. Authorize the City Manager to take all necessary actions to execute the easement, in consultation with the City Attorney’s office.
(This item did not originate in Committee.)
Emilio Ramirez, Housing Director, and Brittany Lawless, Community Development Partners' Senior Development Manager, presented and answered questions. No public comments were received. Discussion ensued among the council and staff.

It was moved by Councilmember Valenzuela Zavala, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, 82 JULY 27, 2023 OXNARD CITY COUNCIL Page | 8
and Zaragoza voted in favor; the motion passed 7-0.

4. Police Department
SUBJECT: Motorola Radio Purchase.

RECOMMENDATION: That the City Council approve and authorize the Oxnard Police Department to "piggyback" onto the County of Los Angeles Master Agreement No. MA-IS2240228-1 with Motorola Solutions to purchase communication equipment, and authorize the Purchasing Agent to execute a purchase order in the amount of $3.217,496.00 for the equipment purchase.

Denise Morehouse, Assistant Police Chief, presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Valenzuela Zavala, 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.

5. City Manager Department
SUBJECT: Ormond Beach Status Update.

RECOMMENDATION: That the City Council:

1. Receive an update on the current status of Ormond Beach; and

2. Provide additional comments and indicate its support of the direction of the Ormond Beach Restoration and Public Access Project Plan (OBRAP) document.

Annie Jensen, Project Manager, presented and answered questions. Public comments were received from Pat Brown and Barbara Macri-Ortiz. The report was received and filed; no formal action was required.

6. City Manager Department
SUBJECT: Approval of a Funding Agreement between the City and the County of Ventura for the New Family Justice Center in Oxnard.

RECOMMENDATION: That the City Council:

1. Adopt a Resolution authorizing the Mayor to execute a Funding Agreement with the County of Ventura for $2,000,000 for the purchase of the building located at 554-555 South A Street for the Oxnard Family Justice Center; and

2. Authorize the City Manager or designee to execute the necessary actions to effectuate the transfer of funds.

This item was pulled from the agenda. No action was taken.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:42 p.m.
83 JULY 27, 2023 OXNARD CITY COUNCIL Page | 9
_________________ _____________________
DEE LAI JOHN C. ZARAGOZA
Interim City Clerk Mayor
84 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: September 5, 2023
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Resolution Commending Eleanor Ebdon for over Twenty-Two Years of Service to the City of Oxnard.

RECOMMENDATION
That the City Council adopt a resolution commending Eleanor Ebdon for over twenty-two years of service to the City of Oxnard.
(This item did not originate in Committee.)

BACKGROUND
On August 31, 2023, Eleanor Ebdon will retire after twenty-two years of outstanding service to the City of Oxnard as a member of the City Attorney’s Office.

Eleanor Ebdon began her career with the City of Oxnard as an Administrative Legal Secretary III and thereafter she was promoted, accepting a position of increasing responsibility, scope and challenge in the City Attorney’s Debt Collection Program, and will retire as a Paralegal.

Ms. Ebdon was chosen as Employee of the Quarter twice in her career, once in the first quarter of 2008-2009 and once in the second quarter of 2013-2014.

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: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Ebdon Resolution 1
85 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD FOR

ELEANOR EBDON FOR OVER TWENTY-TWO YEARS OF EXEMPLARY

SERVICE TO THE CITY OF OXNARD
WHEREAS, Eleanor Ebdon has given 22 years and 8 months of exemplary service as an employee of the City of Oxnard as a member of the City Attorney’s Office; and WHEREAS, Eleanor Ebdon began her career with the City of Oxnard as an Administrative Legal Secretary III in the City Attorney’s Office on December 28, 2000; and WHEREAS, Eleanor Ebdon was promoted to Paralegal for the City Attorney’s Collection Program on May 11, 2002; and
WHEREAS, Eleanor Ebdon appeared in Ventura County Small Claims Court for four days most weeks for twelve years representing the City in debt collection matters; and WHEREAS, Eleanor Ebdon became a Notary Public for the City of Oxnard in May 2002; and
WHEREAS, Eleanor Ebdon developed professional working relationships with employees in other departments and divisions to improve the debt collection processes; and WHEREAS, Eleanor Ebdon was a member of the Ventura County Paralegal Association from 2005 through 2020 and completed annual mandatory continuing legal education; and WHEREAS, Eleanor Ebdon was honored as the City’s Employee of the Quarter twice in her career, the first time being honored in the first quarter of 2008-2009, being nominated by staff of the City Attorney’s Office for outstanding service to the Debt Collection Program by effectively and diligently handling thousands of cases per year, and the second time being honored was the second quarter of 2013-2014, being nominated by staff of the Fire Department for her outstanding debt collection efforts to the Certified Unified Program Agency (CUPA) Program.

WHEREAS, Eleanor Ebdon exemplifies the best in public service and will be truly missed by her co-workers and friends at the City of Oxnard for her loyal dedication and outstanding work ethic.

NOW THEREFORE, the City Council of the City of Oxnard resolves to commend Eleanor Ebdon for 22 years and 8 months of exemplary service to the City of Oxnard and extends best wishes for a fun and fulfilling retirement with family and friends. 86 PASSED AND ADOPTED THIS ______ day of _________________, 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
87 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: September 5, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Officer Wellness and Mental Health Grant.

RECOMMENDATION
That the City Council adopt a resolution:

1. Accepting a grant from the Board of State and Community Corrections (BSCC) California in the amount of $152,351.94 for officer wellness and mental health, with no matching funds requirement; and

2. Authorizing the City Manager or designee to execute the grant agreement and appropriate funds for the grant award; and

3. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims for the use of officer wellness and mental health funds award; and

4. Authorizing the Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee)

BACKGROUND
California Assembly Bill 178, also known as the Budget Act of 2022, set aside a total of $50 Million for California city and county law enforcement agencies for the “Officer Wellness and Mental Health Grant Program.” The purpose of the program is to improve wellness, and increase access to mental health resources for law enforcement officers. The Board of State and Community Correction (BSCC) California manages this program, which allocated $152,351.94 to the Oxnard Police Department based on a formula provided by the California Department of Finance. The program is a three-year grant in which the Police Department must submit annual reports in December 2023 and 2024, with a final report due December 2025, detailing all expenditures and the impact each product or service had on officer wellness.

Police personnel often respond to incidents that can be stressful and traumatic, which can lead law enforcement personnel to experience anxiety, depression, stress disorders, substance abuse, and suicide. The objective of this officer wellness and mental health program is to create a system of organizational and professional support to improve awareness, prevention, and intervention through education, training, and accessibility to mental health resources.

The grant funding can be used to include the following activities:
• Establishing officer wellness units or expanding existing officer wellness units. • Establishing peer support units or expanding peer support units. • Providing services from a licensed mental health professional, counselor, or other professionals that work with law enforcement.
• Expanding multi-agency mutual aid programs focused on officer wellness and mental health. • Establishing other programs or services that are evidence-based, or have a successful track record of enhancing officer wellness.
88 The City received the grand funds up front rather than through a reimbursement process, and law enforcement agencies are required to use the funds for services to support the physical, emotional, mental, and well-being of officers. Employee wellness and peer support programs have proven successful in helping officers deal with law enforcement-related stress. In addition, fitness and health programs enhance physical performance and health, which can help mitigate work-related injuries. The Oxnard Police Department intends to use the funds to expand the Officer Wellness Program through peer support training, services, fitness equipment, and other programs allowed by the grant.

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

FINANCIAL IMPACT
Approval of this recommendation will have no financial impact on the General Fund. This grant does not require any matching contribution. Staff will appropriate revenue and expenditures in the fiscal year 2023-2024 State Grant Fund (2102131) in the amount of $152,351.94.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Ricardo Vazquez, Police Commander

ATTACHMENTS

1. Grant Award Letter

2. Officer Wellness Grant Resolution updated
89 DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.
90 Officer Wellness & Mental Health Grant Recipients

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections
91 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ACCEPTING A GRANT AWARD FROM

THE BOARD OF STATE AND COMMUNITY CORRECTIONS
IN THE AMOUNT OF $152,351.94
WHEREAS, the State of California 2022 Budget Act allocated $50 million to be administered by the Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program; and
WHEREAS, the grant funds were distributed to law enforcement agencies throughout California based on a schedule provided by the California Department of Finance; and
WHEREAS, the Board of State and Community Corrections has notified the Oxnard Police Department that they have been awarded the grant in the amount of $152,351.94 for Officer Wellness and Mental Health Grant Program to improve officer wellness and expand mental health resources.

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

1. The grant award in the amount of $152,351.94 from the Officer Wellness and Mental Health Grant Program administered by the Board of State and Community Corrections is accepted.

2. The City Manager or designee is authorized to execute grant agreements.

3. The Chief Financial Officer or designee is authorized to submit financial reports and grant claims and approve administrative budget adjustments for the use of the grant funds.

4. The Chief of Police or designee is authorized to submit all reporting requirements set by the Board of State and Community Corrections, including annual and final reports.
92 Resolution No.

PASSED AND ADOPTED THIS 5th day of September 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
93 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: September 5, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Trade Services Agreement 32400020 with Blackpointe Group Construction & Management Inc., for OnCall Storm Channel Cleaning Services.

RECOMMENDATION
That the City Council approve and authorize the execution of an Agreement with Blackpointe Group Construction & Management Inc. (Blackpointe), for an amount not to exceed $900,000 for a three-year term ending September 19, 2026, for On-Call Storm Channel Cleaning Services for the Public Works Department. (Public Works and Transportation Committee approved 3-0)

BACKGROUND
The Public Works Stormwater group oversees and maintains approximately 50 miles of open storm drain channels. These channels are designed to convey stormwater runoff to the ocean and must be properly maintained to mitigate flooding during rain events. Maintenance activities for these channels include stabilizing eroded sections and the removal/disposal of sediment to maintain the flow line. These services have historically been performed by a third party contractor due to the specialized equipment needed to perform channel maintenance.

DISCUSSION
The Purchasing Department released a Request for Proposal (RFP) PW 23-82R for On-Call Storm Channel Cleaning Services on April 26, 2023, with a proposal due date of May 19, 2023. RFP PW 23-82R received a total of three (3) proposals from the following contractors:
• Blackpointe Group Construction & Management Inc. (Blackpointe) • United Stormwater, Inc.
• Toro Enterprises, Inc.

The proposals were reviewed by the Purchasing Division (Buyer) and the Wastewater Division (Wastewater Collections Manager, Management Analyst, and Associate Engineer) with a determination of Blackpointe to be the highest ranked proposer based on scoring criteria listed in RFP PW 23-82R. Scoring criteria consisted of contractor’s past record of performance, technical competence and experience, ability and history providing the requested work, clarity and completeness of the proposal, and cost. Staff have also confirmed that Blackpointe meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that Blackpointe is capable of satisfactorily providing the necessary services.

Under this contract, Blackpointe shall remove and dispose of channel debris including organic and inorganic waste, mow 94 organic vegetation, and restore flow lines. Services shall include but not be limited to the following locations:

Arnold Road Drain East 5th St. Drain Victoria North Drain Auto Center Drain Sturgis Drain Victoria South Drain
Doris Drain Teal Club Drain West 5th St. Drain

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 Agreement shall not exceed $900,000 over the term of three years and will commence September 2023. The estimated spending plan is listed in the table below. These costs will be funded using available budget appropriations from the Stormwater Fund (114). Funding for this current fiscal year is included in the FY 2023-24 Adopted Budget and subsequent fiscal years will be requested through the annual budget process.

ESTIMATED SPENDING PLAN
Division Account FY 23-24
(10 Months)
FY 24-25
(12 Months)
FY 25-26
(12 Months)
FY 26-27
(2 Months) Total
Stormwater 1143502-53200 $250,000 $300,000 $300,000 $50,000 $900,000

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on July 11, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32400020
95 Agreement No. 32400020

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND BLACKPOINTE GROUP
CONSTRUCTION & MANAGEMENT, INC.

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

1. SUMMARY DESCRIPTION OF SERVICES. On-Call Storm Channel Cleaning Services This Agreement is for “on call” or “as needed” services as identified in Exhibit A-Scope of Services.

The City does not guarantee that any services will be requested under this agreement or that any services requested under this agreement will reach the agreement amount listed in section 4. All “on call” or “as needed” services requested by the City shall be paid at the rates identified in Exhibit B-Rate and Cost Sheet.]

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Blackpointe Group Construction & Management, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 11972 Hertz Ave. Moorpark, California 93021

3. TERM OF AGREEMENT: From (Date): September 20, 2023 To (Date): September 19, 2024

3.1 Time is of the essence in this Agreement.

3.2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.

3.3 The CITY shall have the option for (2) two consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

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

96 Agreement No. 32400020

4. AGREEMENT AMOUNT NOT TO EXCEED: $900,000.

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

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

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Ray Trevino Name: Victor Schittone
Title: Wastewater Collections Manager Title: Founder/Director/Secretary Phone: 805-271-2215 Phone: 888-707-4474 ext. 117
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road
Oxnard, California 93033

7. CONTRACTUAL PREREQUISITES.

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

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

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

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

8. SERVICE PROVIDER'S SERVICES.

97 Agreement No. 32400020

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

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

10. PAYMENT & INVOICES.

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

The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or

98 Agreement No. 32400020
relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

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

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control

99 Agreement No. 32400020
over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.

SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

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

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

16. SAFETY REQUIREMENTS.

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

100
Agreement No. 32400020

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

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

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

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

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

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

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure

101
Agreement No. 32400020
to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

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

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement.

102
Agreement No. 32400020

20. NOTICES.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

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

23.2 The duty to defend is a separate and distinct obligation from SERVICE

103
Agreement No. 32400020
PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

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

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

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager

104
Agreement No. 32400020
waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

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

Prevailing wages are required to be paid to all workers, including subcontracted employees.

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

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

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

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

27. CONFLICT OF INTEREST

105
Agreement No. 32400020
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. IRAN CONTRACTING ACT

29. [RESERVED] -

30. DISPUTES.

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

31. DISPUTE RESOLUTION.

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

32. AUDIT.

106
Agreement No. 32400020
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

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

107
Agreement No. 32400020

36. GOVERNING LAW.

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

37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

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

108
Agreement No. 32400020

42. INCONSISTENT OR CONFLICTING TERMS.

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

43. ACKNOWLEDGEMENT.

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

109
Agreement No. 32400020
In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD BLACKPOINTE GROUP CONSTRUCTION
& MANAGEMENT, INC.

☐John C. Zaragoza, Mayor1 Date Victor Schittone, Date
☐Jennifer Yates, Purchasing Manager2 Founder/Director/Secretary

Laurel Schittone, CFO3 Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
• For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

110
Agreement No. 32400020

EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Blackpointe Group Construction & Maintenance, Inc.)

SCOPE OF SERVICES

Contractor shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant Work to provide On-Call Storm Channel Cleaning Services for the City of Oxnard. Potential work locations are shown on the attached Exhibit A and the City may add additional locations as needed.

The scope of Work shall include, but not be limited to:

1. Removal and disposal of debris, organic vegetation, and miscellaneous material (waste) from concrete and earthen channels.

2. Mowing / Cutting of organic vegetation

3. Adjust and restore flow line from invert beginning to invert end as necessary.

4. Repair and stabilize eroded embankments using existing available material.

5. Contractor shall provide transport and disposal services of storm channel waste.

6. Contractor shall use a disposal site that is properly permitted and regulated.

Contractor shall comply with the following transport provisions:
a. Contractor shall inspect each trailer for roadworthiness as required by California Vehicle Code and shall correct any safety problems before transporting waste. All traffic citations or citations for violations of health and safety regulations by law enforcement or regulatory agencies shall be the responsibility of the Contractor. b. Contractor shall ensure that materials from other sources do not contaminate or mix with City storm channel waste.
c. It shall be the responsibility of the Contractor to assure that each transported load meets weight and load distribution requirements before transport.
d. Contractor shall submit to the City a disposal plan

111
Agreement No. 32400020

7. The City requires that the Contractor use certified scales at the disposal site to accurately account for all storm channel waste delivered to the disposal site. Weight slips for each trailer load shall be submitted with each Invoice to accurately account for tonnage.

112
Agreement No. 32400020
Exhibit A - Drain Lengths
Oven Storm Drain Channels Miles
Arnold Rd Drain 0.60
AutoCenter Drain 0.85
Doris Drain 1.25
East 5th St Drain 1.25
Sturgis Drain 2.50
Teal Club Drain 1.45
Victoria North 0.25
Victoria South 0.65
West 5th St Drain 1.20

113
Agreement No. 32400020

EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Blackpointe Group Construction & Management, Inc.)

SCHEDULE OF COMPENSATION

ITEM
NO.

DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $117.00
2 Hauling and Disposal of Storm Channel
Waste (labor & equipment) Per Ton $80.00
3 Hauling and Disposal of Storm Channel
Hazardous Waste (labor & equipment) Per Ton $130.00

114
Agreement No. 32400020

EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Blackpointe Group Construction & Management, Inc.)

INSURANCE REQUIREMENTS

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

Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

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 subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project 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 performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. 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.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

3. Contractor agrees that the Commercial General Liability and 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

115
Agreement No. 32400020
this Exhibit INS-D 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).

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

5. 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 City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

6. 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

116
Agreement No. 32400020

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to 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-D.doc

117
Agreement No. 32400020
SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $1,000,000 PRODUCTS COMP/OP AGG. $1,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

118
Agreement No. 32400020

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

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

1. INSURED. The City, its officers, agents, employees and volunteers are included as 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 named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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 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, “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, 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 INS-D.doc

119
Agreement No. 32400020

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

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) 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 OTHER PROVISIONS

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any 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, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

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 respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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 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 Automobile Liability Coverage, “occurrence” form CA0001, code ("any 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

120
Agreement No. 32400020

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Blackpointe Group Construction & Management, Inc.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

121
Agreement No. 32400020

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year. a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

122
Agreement No. 32400020

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Blackpointe Group Construction & Management, Inc.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding the Project, SERVICE PROVIDER and each of its

123
Agreement No. 32400020
subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is 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 currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

124
Agreement No. 32400020

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

125

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: September 5, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Trade Services Agreement 32400014 with SNF Polydyne Inc. dba Polydyne Inc. for the Supply and Delivery of Cationic Polymer to the Wastewater Division.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an agreement with SNF Polydyne Inc. dba Polydyne Inc. (Polydyne) for an initial one-year term through September 6, 2024, with the option to extend through September 6, 2026, for a total contract not-to-exceed amount of $900,000, if extended, for the supply and delivery of cationic polymer to the Wastewater Division.
(Public Works and Transportation Committee approved 3-0.)

BACKGROUND
Processes at the Oxnard Wastewater Treatment Plant (OWTP) produce organic solids which are thickened, dewatered and hauled off-site for disposal. The cost of disposal is based on the volume and weight of the generated solids. Therefore, it is critical to reduce both the volume and weight of the solids. This reduction is enhanced with the addition of a cationic polymer at three locations during the treatment process:
• Primary Solids Thickeners
• Secondary Solids Thickeners
• Solids Dewatering
Polymers are common synthetic chemicals used in the wastewater process to aid in thickening and dewatering of solids.

They are also proprietary chemicals developed and manufactured by a number of different chemical companies. Because each manufacturer's polymer formula is proprietary, a two-step, competitive process is completed to ensure the most costeffective polymer with the highest performance is selected. This solicitation is completed every 3-5 years.

DISCUSSION
The Purchasing Department published Request for Proposal (RFP) PW 23-97 for the supply and delivery of cationic polymer to the Wastewater Division on April 4, 2023, with a proposal due date of June 16, 2023. Through this solicitation, interested vendors were invited to conduct bench scale (jar testing) and full scale testing at the OWTP to test the effectiveness of their polymer formulas prior to submitting their proposals.

Jar testing was conducted from April 10 - April 21, 2023, in which Solenis, LLC (Solenis) and SNF Polydyne Inc. (Polydyne) participated. Both vendors were given the opportunity to test their polymer formulas using Oxnard wastewater solids samples in a controlled lab setting.

Following the completion of the jar testing trials, vendors were allowed to bring forth one polymer formula to the full 126
scale testing trials. Full scale testing was conducted from April 24 - May 30, 2023, in which Solenis and Polydyne conducted effectiveness testing of their polymer on a larger scale. Following the conclusion of the full scale testing, RFP PW 23-97 received cost proposals from Solenis and Polydyne.

Proposals were reviewed by the Purchasing Division (Buyer) and the Wastewater Division (Operations Manager, Chief Operator, Laboratory Supervisor) with a determination of Polydyne to be the highest ranked proposer based on scoring criteria listed in RFP PW 23-97. The scoring criteria consisted of the performance of the polymer in the full scale test, cost, responsiveness and clarity of the proposal, and the proposer’s past record of performance of similar work. Staff have also confirmed that Polydyne meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that Polydyne is capable of satisfactorily providing the necessary services.

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 Agreement with Polydyne shall not exceed $900,000 over the term of three years and will commence September 6, 2023. The estimated spending plan is listed in the table below. These costs will be funded using available budget appropriations from the Wastewater Fund (611). Funding for this current fiscal year is included in the FY 2023-24 Adopted Budget and subsequent fiscal years will be requested through the annual budget process.

ESTIMATED SPENDING PLAN
Division Account FY 23-24
(9 Months)
FY 24-25
(12 Months)
FY 25-26
(12 Months)
FY 26-27
(3 Months) Total
Wastewater 6113614-52100 $225,000 $300,000 $300,000 $75,000 $900,000

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on July 11, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32400014
127
Agreement No. 32400014

TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND SNF POLYDYNE INC. DBA POLYDYNE INC.

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

1. SUMMARY DESCRIPTION OF SERVICES. Supply and delivery of cationic polymer to the Oxnard Wastewater Division.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 SNF POLYDYNE INC. DBA POLYDYNE INC. (“SERVICE PROVIDER”), a corporation of the State of Delaware, located at 1 Chemical Plant Road, Riceboro, GA 31323

3. TERM OF AGREEMENT: From (Date): 9/6/23 To (Date): 9/6/24

3.1 Time is of the essence in this Agreement.

3.2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER.

SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

3.3 The CITY shall have the option for two (2) consecutive one-year (1) extensions. Any price increases or decreases shall be negotiated at time of contract extension. Any increase shall not exceed the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12 month CPI-U for all items for May.

3.4 When in the CITY’s best interest, this Agreement may only be extended if the City, in its discretion, exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not 128
Agreement No. 32400014

exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2 and 3.3, this Agreement shall not be extended.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $900,000.00

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

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

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Roberto Fuentes Name: Boyd Stanley
Title: Utility Supervisor Title: Sr. Vice-President
Phone: (805) 271-2203 Phone: (800) 848-7659 opt. 2
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road
Oxnard, CA 93033

7. CONTRACTUAL PREREQUISITES.

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

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed. 129
Agreement No. 32400014

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

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

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

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

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore.

The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
130
Agreement No. 32400014

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. [RESERVED]

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated 131
Agreement No. 32400014

only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

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

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

15. LAWFUL PERFORMANCE.

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

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

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil 132
Agreement No. 32400014

and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

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

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

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

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

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

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by 133
Agreement No. 32400014

the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

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

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

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

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

18. ASSIGNMENT.

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

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date 134
Agreement No. 32400014

of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement.

20. NOTICES.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative 135
Agreement No. 32400014

dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

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

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

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification 136
Agreement No. 32400014

arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

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

26. PREVAILING WAGE REQUIREMENTS.

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

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

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

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
137
Agreement No. 32400014

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

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

28. [RESERVED]

29. [RESERVED]

30. DISPUTES.

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

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed138 Agreement No. 32400014

upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

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

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
139
Agreement No. 32400014

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.
140
Agreement No. 32400014

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

42. INCONSISTENT OR CONFLICTING TERMS.

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

43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance. [Signatures on next page]
141
Agreement No. 32400014

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

CITY OF OXNARD SNF POLYDYNE INC. DBA POLYDYNE INC.

☐John C. Zaragoza, Mayor1 Date Boyd Stanley, Sr. Vice-President Date ☐Jennifer Yates, 2
Purchasing Manager

Mark Schlag, Assistant Secretary3 Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 142
Agreement No. 32400014

EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and SNF POLYDYNE INC. DBA POLYDYNE INC.)

SCOPE OF SERVICES

1000-1 SCOPE OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to Supply and deliver Polymer for the City of Oxnard Wastewater Treatment Plant located at 6001 Perkins Rd. Oxnard, CA 93033.

The scope of Work shall include, but not be limited to:

1. Supply and delivery of Polymer for the purpose of dewatering at the solids processing building

2. Supply and delivery of Polymer for the purpose of Thickening at the Dissolved Air Flotation

3. Polymer supplied must meet minimum requirements as specified in the full scale test.

To be considered for selection, bidders must first partake in a prequalification bench scale test and full scale test.

GENERAL
The Polymer bench test will be conducted from 10-21 April 2023. Bidders are to contact Eric Ngo, Wastewater Laboratory Supervisor, at (805) 271-2207 to schedule a test session(s). There will be a maximum of two (2) test sessions scheduled per day, Tuesday through Friday. The morning session will begin 8:00 A.M. and end at 12:00 P.M. The second session will begin at 1:00 P.M, and end at 5:00 P.M.

No jar test samples will be allowed to be drawn prior to Bidder's scheduled day of Polymer bench test (free water drainage test). Bidders will be allotted a four (4) hour block of time to complete all jar work and testing.

Bidders are expected to attend their scheduled session, and be completely prepared to begin and end at their scheduled time. Test session(s) may be suspended, at City discretion, if Bidders are not prepared to start on time, or are exceeding their time allowed. A test session will only be rescheduled if either the bidder or the City is prevented by "force majeure". As used in this context "force majeure" means fire, explosion, action of the elements, interruption of public transportation, unusually severe weather conditions, or any cause, which is beyond the control of the party affected, and which, by exercise of reasonable diligence, could not have been prevented. Problems or delays encountered during the test session(s) are to be noted on the Polymer Trials Form. 143
Agreement No. 32400014

Prior to pre-qualification testing, the Vendor must provide to the City the Safety Data Sheet and Product Bulletin for each proposed emulsion polymer. The Product Bulletin shall include the total solids and viscosity of the material. The vendor shall provide one (1) sample of each of the proposed emulsion polymer products for the City prior to the commencement of the prequalification testing.

Although the bench testing and full scale testing will be for the belt press units, the polymer selected must also work in the Dissolved Air Floatation (DAF) tanks at the wastewater treatment plant. Failure of the polymer to work in the DAF units may result in that bid being rejected.

Polymers supplied shall be clean and free of foreign substances. Vendors must provide a certificate of analysis for each delivery of product.

BENCH TEST
STEP A – POLYMER BENCH TEST
Free water drainage test. The City's belt press weave material will be utilized for the funnel test.

Vendor is responsible for supplying all necessary equipment to make down their polymer solutions and perform mixing of polymer/sludge mixture.

The City will supply:
● Buchner funnel with belt filter press weave
● Stopwatch
● Feed solids sample
Procedure: The City shall provide the Vendor with feed solids. The City makes no guarantee as to feed solids, "sludge", content or consistency during any phase of sampling or testing.

POLYMER BENCH TEST
The Vendor will:
● Dose empty beaker with desired amount of polymer
● Fill second empty beaker with 200 ml of feed sample
● Mix polymer and sample until desired floc and water separation is attained ● Pour sample (with polymer) into funnel with belt weave The City representative will immediately begin timer. At 20 seconds, the City will measure the volume of free water drainage into the graduated cylinder.

In order to qualify for the trials, 70% of a 200 ml sample must run through the belt weave within 20 seconds.
144
Agreement No. 32400014

Based on the bidder's bench test results, the City will either reject the product or pre-qualify the Bidders selected emulsion polymer(s) for the full-scale belt press trial phase. The City's decision shall be final. Bidders will be notified by letter with individual results of bench test & if product(s) has been pre-qualified. Bidders who have products(s) pre-qualified must contact Wastewater Chief Plant Operator at 805-612-7771 to schedule a full-scale belt press test.

POLYMER EVALUATION FORMULA
All samples will be analyzed for percent total solids by the City. Dosing points in the sample set which meet established minimums (97% capture, 19% cake solids) would be considered a qualifying point. Averages of cake total solids, solids capture and dosage data for the four (4) lowest qualifying points (in terms of cake total solids) will be used in the bid evaluation formula.

The following polymer evaluation formula will be utilized by the City to assist in determining the award of the bid.

Analytical results for each qualifying trial run will be calculated as follows. The polymer dosage which results in the lowest overall cost (TOTAL POLYMER COSTS) will be used for bid evaluation purposes.

The polymer evaluation formula consists of the following:

1. Polymer dosing cost factor:
(X) * (P)

2. Sludge disposal cost factor:
[( 1 DT/yr ) / ( At / 100 )] - [( 1 DT/yr) / ( Ac /100)] * $49.00/WT

3. Dewatering recovery cost factor:
[( 1 - (R/100))] *(X) * (P)

4. Total Polymer Cost (1+2+3)
Where: X= Polymer Dosage, lbs. per dry ton
R= Solids Recovery in Percent
P= Polymer Price Per bid $/lb
At= Total Cake Solids for trial polymer in percent
Ac= Total Cake Solids for control in polymer in percent (19%TS)

FULL SCALE TEST
Point of Contact Information:
145
Agreement No. 32400014

Roberto Fuentes
PH: 805-797-7013
Email: [email protected]
To be conducted from 24 April through 12 May 2023. Any polymer used during the full scale belt press test must be supplied at no cost to the City. City will supply a scale to weigh Polymer container for full scale test.

Each successful bidder will be allowed to full-scale trial one (1) pre-qualified product. If Bidders have more than one product pre-qualified, they must make the decision as to which product they will submit for the full scale test. Bidders will be allowed a maximum of six (6) hours to complete testing. The bidder shall provide emulsion polymer identical to the product pre-qualified from the bench test. Only two vendor personnel will be allowed in the solids processing building during that testing.

The neat emulsion polymer delivered by the bidder must not contain solidified masses of polymer and must be 100 percent in solution when mixed by means of the City's polymer solution batch mixing procedure. Polymer not meeting this specification can cause clogging in the City's polymer feed system and will automatically be rejected by the City. The trial polymer will be batched to a concentration selected by the bidder. Mixed polymer will be fed to one belt press dewatering machine.

The bidder shall provide an optimum polymer dose rate. Sludge flow rate as well as other variables will be kept constant while the polymer dose rate is varied. Steady conditions will be achieved and samples will be collected to analyze feed solids, cake solids, and filtrate.

The desired polymer performance parameters are
● Achieve 19% total solids
● Attain 97% solid capture rate
Procedure:

1. The Vendor shall submit no more than one (1) product for trial. The Vendor must deliver enough polymer for up to six (6) hours testing.

2. Immediately before the trial begins, the totalizer readings for sludge and the tank level for the test polymer will be taken. A sample of the neat polymer used will be taken for analysis by the City for total active substance.

3. Once the Vendor is ready, the trial sludge feed rate of between 85-95 gallons per minute will be dewatered. Then the polymer will be adjusted accordingly to produce the driest cake, at the above sludge feed rate. Wastewater personnel will make all necessary adjustments.

4. Thirty (30) minutes after the trial starts, three (3) samples will be taken by City Operators. a. Feed for solids content
b. Cake for solids content
146
Agreement No. 32400014

c. Filtrate for solids content

5. Thereafter, the City will collect three (3) sets of samples every thirty (30) minutes, on feed, cake, and filtrate, for the remainder of the trial.

Vendors must make every effort to ensure that testing stays within their scheduled session. If the Vendor is unable to complete the testing within their scheduled session, the City may, at their discretion, either schedule another test session or disallow any further testing of the Bidder's product. Should some unforeseen situation occur that is the responsibility of the City, i.e., City owned equipment failure, the City will allow the Vendor to re-schedule a session using the prequalified product.

6. After the trial, totalizer readings for sludge and tank level for polymer will be annotated by the City on the attached Polymer Trials Form.

7. Polymer trial information, and any discrepancies noted by either party, will be recorded on the Polymer Trials Form. Blank copies of this form will be made available at the trial sessions. Once the form is completed, it should be signed by the Vendor and the City representative. The Bidder may request a copy of the form be given them prior to their departure from the plant.

All samples used in the full scale trial will be tested for total polymer active substance to determine yearly usage amounts. The Oxnard Wastewater Laboratory will conduct the analysis on all feed cake, filtrate samples and total polymer active substance. Testing will be conducted in accordance with Standard Methods for Examination of Water and Wastewater, 21st Edition, Method 2540G (total, fixed, and volatile solids in solid and semi-solid samples).

Based on the test results, the City will determine the polymer dosage rate. The trial polymer must achieve the minimum performance to qualify for bidding.

The net quantity of each Bidder's polymer may vary due to the difference in performance as determined by the City. The City will issue an addendum after performance testing. The addendum will provide polymer consumption data for each product based on the active pounds of polymer used per dry ton of sludge and verified by the City’s lab results for active substance. The polymer dosage rate, as determined during the polymer trials, will be applied to the estimated quantity of sludge to be dewatered during the contract period (currently estimated to be 4 million gallons per year). An annual emulsion polymer consumption amount required to dewater the City's sludge shall be calculated for each product. Bidders shall utilize the data provided to them by the City, to assist them in completing their bid proposal. Bidders shall have their polymer containers removed within five Days after their trial. Bidder’s equipment shall be removed by the end of the day of completion of their trial. Any containers or equipment that is not removed within the time frame(s) specified will be removed by the City and the Bidder billed for the expense.

The chosen polymer shall have no apparent separation. Prior to the Polymer mixing chamber the Neat Polymer shall not cause plugging or gelling. During full scale test, separation of polymer or plugging issues will be cause for rejection of the polymer.
147
Agreement No. 32400014

EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and SNF POLYDYNE INC. DBA POLYDYNE INC.)

SCHEDULE OF COMPENSATION

ITEM
NO. DESCRIPTION UNIT Total
1 Polymer type Pounds $1.62 per pound
BID TOTAL $1.62 per pound

148
Agreement No. 32400014

EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SNF POLYDYNE INC. DBA POLYDYNE INC.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
[See next pages]
149
Agreement No. 32400014

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. 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. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees that the Commercial General Liability and 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 vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. 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-I 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 coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. 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 City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
6/23
150
Agreement No. 32400014

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

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

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that 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-I.doc
151
Agreement No. 32400014

SAMPL

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS
A

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

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER

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
152
Agreement No. 32400014

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

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

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

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
153
Agreement No. 32400014

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

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage.  Per Occurrence  Per Claim (which) 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 OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any 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, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
154
Agreement No. 32400014

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SNF POLYDYNE INC. DBA POLYDYNE INC.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

155
Agreement No. 32400014

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
156
Agreement No. 32400014

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SNF POLYDYNE INC. DBA POLYDYNE INC.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, 157
Agreement No. 32400014

SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is 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 currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure. 158
Agreement No. 32400014

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
159

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: September 5, 2023
TO: City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority Board
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: 2024 Meeting Schedule for Legislative Bodies.

RECOMMENDATION
That City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority adopt the proposed meeting dates for the calendar year 2024. (This item did not originate in Committee.)

BACKGROUND
On November 13, 2018, the City Council adopted Ordinance No. 2949 amending Chapter 2, Article 1, Section 2-1 and adding Section 2-1.1 to the City Code regarding the regular City Council meeting schedule and establishing City Council committees, to take effect January 1, 2019. Per Oxnard City Code section 2-1, the City Council will meet the first and third Tuesdays of the month. Per Oxnard City Code section 2-1.1, City Committees will meet the second and fourth Tuesdays of the month. The Council has the ability to schedule additional meetings or cancel meetings as necessary.

Staff proposes the following meeting dates for the City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority for calendar year 2024:

January 2 and 16
February 6 and 20
March 4 and 19
April 2, 16 and 30
May 7 and 21
June 4, 18 and 27
July 2, 16 and 30
September 3 and 17
October 1, 15 and 29
November 19
December 3 and 17
Staff proposes the following meeting dates for the City Council Committees for calendar year 2023:

January 9 and 23
February 13 and 27
March 12 and 26
April 9 and 23
May 14 and 28
June 11 and 25
160
July 9 and 23
September 10 and 24
October 8 and 22
November 12 and 26
December 10
The Tuesdays on which the Council would not meet, along with the reasons, are listed below:

March 5 - Presidential Primary Election
August 6, 13, 20, and 27 - Council recess the month of August.

November 5 - Presidential election.

December 24 and 31 - Half-Day holiday.

This schedule results in a total of 25 City Council meetings and 21 City Council Committee meetings for the 2024 calendar year. The Council has the ability to schedule additional special meetings as needed.

Per Oxnard City Code section 2-1.2, Council meetings open sessions shall commence no earlier than 5:00 p.m.. As set forth in the Council Procedures Manual, public hearings are scheduled to commence at 6:15 p.m., unless otherwise approved by the Council. Closed sessions generally start as early as 4:30 p.m., as needed.

Residents are invited to participate in the Council meetings in person. These meetings are also televised on Spectrum, Channel 10 and Frontier Communications, Channel 35. Finally, residents have access to these public meetings via the City's webpage or YouTube, both in real time and archived following the meetings at www.oxnard.org/city-meetings.

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: Luly Lopez, Executive Assistant I

ATTACHMENTS

1. Attachment No. 1 - 2024 City Council Calendar
161
City Council (1st & 3rd Tues) Committee (2nd & 4th Tues) Closed Friday Holiday Half‐Day Holiday

S M T W T F S S M T W T F S SM TWT F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 1 2 3 4 56
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 14 15 16 17 18 19 2021 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 21 22 23 24 25 26 2728 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 28 29 30 31 S M T W T F S S M T W T F S SM TWT F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 1 23
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 1719 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 2426 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 31 30 S M T W T F S S M T W T F S SM TWT F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 1 2 3 4 5 678 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 2122 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 2829 30 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 2024 Oxnard City Council Meetings
January February March April
September October November December
May June July August
162

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: September 5, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Audit Services with Eadie & Payne, LLP for the 2020-2023 California Violence Intervention and Prevention (CalVIP) Grant

RECOMMENDATION
That the City Council approve an agreement in the amount not to exceed $25,000 with Eadie and Payne, LLP to perform an audit of the 2020-2023 California Violence Intervention and Prevention (CalVIP) grant. (This item did not originate in Committee)

BACKGROUND
In January 2021, the City Council approved the grant application of $500,000 from the Board of State and Community Corrections (BSCC) for the 2020-2023 California Violence Intervention and Prevention (CalVIP) project. The CalVIP grant provides funding for cities and community-based organizations with the goal of improving public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, homicides, shootings, and aggravated assaults. The Police Department used the grant funds in a collaborative partnership between Drag Racing Against Gangs and Graffiti (DRAGG) and other community-based organizations. It funded staffing within the Office of Youth Safety for street and community outreach, violence intervention, referrals to services, case management, life guidance, and mentoring.

Upon acceptance of the grant award, one of the grant requirements is to provide the Board of State and Community Corrections (BSCC) with a financial audit of the program. It must be completed no later than the end of the contract term of December 31, 2023. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county's or city's project financial management functions. Expenses for the financial audit may be reimbursed for the actual costs up to $25,000.

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

FINANCIAL IMPACT
There is no financial impact on the General Fund. The Agreement (32400144) has a contract value to not exceed $25,000. The amount is appropriated in 2102131-53210 #G2108 (Services - Audit).

COMMITTEE OUTCOME
This item did not originate in Committee.
163
Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS

1. Eadie & Payne Audit Contract (1)
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8
DATE: September 5, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Response to Grand Jury Finding and Recommendation

RECOMMENDATION
That the City Council comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Water Availability for Wildfires in Ventura County" dated June 12, 2023, and the Mayor also comment on the findings and recommendations and submit such comments through the form titled "Response to 2022-2023 Ventura County Grand Jury Report Form." (This item did not originate in Committee)

BACKGROUND
On June 12, 2023, the Ventura County Civil Grand Jury (“Grand Jury”) delivered the attached Final Report on Water Availability for Wildfires in Ventura County (“County”). The City of Oxnard (“City”) is required to respond to the Grand Jury's Finding (F-14) and Recommendation (R-09) directed to the City:
"F-14. The Grand Jury finds that Ventura County Fire Code section 4907.8 regarding brush clearance around water tanks, water supply pumps, pump houses, and related infrastructure applies to all rural and unincorporated communities and all cities except Fillmore, Oxnard, and Ventura. (SF-19, SF-20, SF-21)" "R-09. The Grand Jury recommends that Ventura City Fire Department, Oxnard Fire Department, and Fillmore Fire Department adopt the Ventura County standard for brush clearance around water tanks, water supply pumps, pump houses, and related infrastructure. (F-14)"

DISCUSSION
The User Note for Chapter 49 of the Ventura County Fire Code, which includes section 4907.8, notes: "this chapter contains requirements for development and construction in Local Responsibility Areas (LRA) designated as Very High Fire Hazard Severity Zones and areas designated by the Board of Forestry and Fire Protection as State Responsibility Areas (SRA). ... This chapter includes Ventura County Fire Protection District (VCFPD) amendments and local provisions applicable in WUI [Wildland Urban Interface] areas identified by the VCFPD." Ventura County Fire Code Section 4901.2 provides: "The purpose of this chapter is to provide minimum standards to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Moderate, High or Very High Fire Hazard Severity Zone. This chapter also provides requirements for defensible space within the boundaries of the VCFPD."
The City does not have a WUI, nor is it in a designated Fire Severity Zone. Ventura County Fire Code section 4907.8, cited in F-14, regarding brush clearance around water tanks, water supply pumps, pump houses, and related infrastructure is not applicable in the City of Oxnard. Accordingly, staff recommends responding that R-09 will not be implemented 212
because Chapter 49 of the CFC is not relevant in the Oxnard Jurisdiction. City ordinances, State statutes and regulations, and City policies currently in effect (i.e., OCC 7-2 (defining "weeds"), OCC 7-151 (nuisance conditions), OCC 14-8 and 14-9 (adopting by reference and providing local amendments to International Property Maintenance Code and Uniform Code for Abatement of Dangerous Buildings), Cal. Fire Code section 304 (combustible waste material), Cal. Public Resources Code sections 4171 (public nuisance) and 4201 et seq. (fire hazard severity zones), and City of Oxnard Public Works Standard for vegetation management) address vegetation management around structures, including critical infrastructure.

The recommended form of response required pursuant to Penal Code section 933.05 is attached. If the Council approves the recommended action, the explanation set forth in this agenda report will be attached to the response form to be submitted to the Presiding Judge of the Superior Court.

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: Karsten Guthrie, Battalion Chief

ATTACHMENTS

1. GJ-Report_2022-23_WaterAvailabilityForWildFiresInVenturaCounty

2. Wildfire Water.Grand Jury Transmittal - Response Form.2023 213
2022 - 2023
Ventura County Grand Jury
Final Report
Water Availability for Wildfires
in Ventura County
June 12, 2023
214
This page intentionally blank
215
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 1
Water Availability for Wildfires in Ventura County

SUMMARY
In the 2017 Thomas fire and the 2018 Woolsey fire, water shortages hampered firefighters’ ability to protect structures. Ventura County frequently experiences conditions of low humidity, high winds and dry brush, conducive to dangerous wildland fires. Ventura County has ninety-six percent of its rural and unincorporated lands classified as very high fire zones.

The 2022-2023 Ventura County Grand Jury conducted an investigation of current protocols and procedures utilized by 15 Ventura County public water purveyors to supply adequate water for wildland fire suppression.

The Grand Jury finds that having written procedures for actions taken by public water purveyors during a Fire Weather Watch, Red Flag Warning, active fire and/or Public Safety Power Shutoffs due to wildfires is a best practice that is lacking in Ventura County.

The Grand Jury finds that most public water purveyors do not have adequate backup power in the event of disruptions due to fire damage or loss of utility power.

The Grand Jury finds that notification to Ventura County public water purveyors of impending Fire Weather Watches and Red Flag Warnings is inconsistent due to outof-date contact lists at the Ventura County Office of Emergency Services.

The Grand Jury finds that inadequate communication between adjoining Ventura County public water purveyors limits their ability to coordinate available resources, including water transfers.

The Grand Jury finds that the cities of Fillmore, Oxnard and Ventura have not adopted language concerning brush clearance around water infrastructure that is consistent with Ventura County Fire Code.

The Grand Jury recommends that Ventura County water purveyors establish written operational procedures and training to provide for increased water supply during Fire Weather Watch, Red Flag Warning, active fire and Public Safety Power Shutoff events for purposes of firefighting.

The Grand Jury recommends that Ventura County water purveyors have on-site emergency power available for all critical water infrastructure.

The Grand Jury recommends that the Ventura County Office of Emergency Services maintain a current contact list of Ventura County water purveyors, updated at least once a year.
216
2022-2023 Ventura County Grand Jury Final Report
2 Water Availability for Wildfires in Ventura County
The Grand Jury recommends that Ventura County water purveyors establish common communication protocols with adjoining water purveyors to be able to coordinate needed actions, including water transfers.

The Grand Jury recommends that all Ventura County water purveyors establish a protocol for brush clearance around pumps, water tanks and supported infrastructure in accordance with Ventura County’s Fire Code.

METHODOLOGY
The Grand Jury held interviews with Ventura County public water purveyors (hereinafter water purveyors), city and county officials and fire department officials.

The Grand Jury also reviewed numerous documents in making its findings.

1. Water purveyors operating procedures, written policies and emergency response plans

2. Water purveyors, city, county and fire department websites

3. State of California Fire Code, State of California Fire Code amendments and State of California related building codes and their amendments

4. County of Ventura Fire Code, County of Ventura Fire Code amendments and County of Ventura related building codes with their amendments

5. Cities Fire Codes, Cities Fire Code amendments, Cities related building codes with their amendments

6. California Division of Drinking Water Regulations

7. California Water Code

8. National Weather Service data base

9. Local National Weather Service definitions

10. Numerous articles regarding climate change

11. State Responsibility Area Fire Hazard Severity Zones

12. Southern California Edison information regarding Public Safety Power Shutoff

13. Numerous historical articles on wildfires

14. Articles on Wildland-Urban Interface

15. After-action reports on the Thomas and Woolsey wildfires

16. US EPA Incident Action Checklists for Water Utilities

17. Public Safety Power Shutoff and Wildfire Information for Public Water Systems

18. US EPA Water Storage Tank time of water in water storage tanks

19. FCC Wireless Priority Service for cell phone priority in emergencies

20. Government Emergency Telecommunications Network for landline phone priority in emergencies

21. CalWARN network
217
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 3

BACKGROUND
Between 1972 and 2018, California experienced a fivefold increase in annual burned area, with several extremely large and destructive Wildland-Urban Interface (WUI) wildfires. (Ref-01, Att-01) WUI areas are defined as the location where structures and communities “meet or intermingle” with undeveloped wildland. WUI fires occur when fuels are critically dry, weather is warm, humidity is low and sustained high speed winds are prevalent. (Ref-01, Ref-02, Ref-03, Ref-04, Att-02) In 2017, wildland fires destroyed 6200 homes and killed 44 people in California.

Additionally in 2018, 14,000 homes were destroyed killing 85 people, which resulted in an estimated loss of $15-19 billion. (Ref-03)
Ventura County has experienced numerous large destructive WUI fires between 2003 and 2018, punctuated by the 2017 Thomas Fire and the 2018 Woolsey Fire (Ref-05, Att-03). Ventura Counties wildland fires from 1965 thru 2015 are displayed in Attachment-04. (Ref-06)
Ventura County consists of 1,223,000 acres area that includes approximately 574,000 acres of national forest land (47%), approximately 528,000 acres of rural land and unincorporated land (43%) and approximately 121,000 acres of urban development (10%). (Ref-07) Ninety-six percent of the rural and unincorporated land of Ventura County is classified as a very high fire hazard zone. (Ref-08, Ref-09, Ref-11, Att-05)
The National Weather Service (NWS) provides advisories of impending atmospheric conditions conducive to generation of wildland fires. When these conditions are predicted, a Fire Weather Watch (FWW) advisory is issued between 24 and 72 hours in advance. A Red Flag Warning (RFW) is then issued when these conditions are present. For the last 10 years, the average annual occurrence of FWWs and RFWs combined is 5.5 times per year, each occurrence averaging 3 days in length, for a total of 16.5 days per year. (Ref-02, Ref-10, Att-02, Att-06) When a FWW or a RFW advisory occurs, some Ventura County water purveyors that store and distribute water are contacted by the Ventura County Office of Emergency Services (OES). Other water purveyors monitor the weather or have direct contact with the NWS to be notified when a FWW or RFW condition occurs or is imminent.

However, some Ventura County water purveyors are not advised by either the NWS or OES regarding impending extreme weather conditions. (Ref-11) When a FWW advisory is issued by the NWS, water purveyors generally initiate procedures preparing their water infrastructure and water storage for potential use in suppression of wildfires. Under RFW conditions, the water purveyors may give priority in storage and distribution of water to firefighting over drinking water quality, raising the quantity of water in storage tanks. (Ref-11). If no wildfire occurs, aging water in storage tanks may degrade in quality, requiring water purveyors to 218
2022-2023 Ventura County Grand Jury Final Report
4 Water Availability for Wildfires in Ventura County
flush the aging water or give special notice to consumers to take measures to maintain water safe for consumption. (Ref-11, Ref-12, Ref-13) Generally, water purveyors monitor and regulate the flow of water through wells, pumps, and water storage tanks/reservoirs using Supervisory Control and Data Acquisition (SCADA) computer systems. (Ref-11) These systems depend upon constant reliable electrical power, which can be disrupted by the effects of a wildfire or a Public Safety Power Shutoff (PSPS) by the electrical provider. (Ref-14) In case of electrical power loss, water purveyors can utilize batteries and generators to provide emergency backup power to their SCADA systems, pumps, wells and other water infrastructure. (Ref-15, Ref-16, Ref-17) This allows the water purveyors to continually provide water for customer consumption and fire suppression after fire damage to electrical systems or temporary shutdown of electrical power. (Ref-11, Ref-14)
In response to FWW and/or RFW, water purveyors generally adjust their water system operations, increasing water flow rates, water storage in tanks and reservoirs for the potential use in wildfire fighting. Water purveyors have a varied range of time to fill their water storage tanks from a few hours to three days if completely dry. The average time is 4 to 8 hours depending on levels maintained during normal operating conditions. Due to the speed wildfires are capable of traveling, some water purveyors start filling water storage tanks during the FWW. (Ref-11, Ref-18, Ref-19)
In general, Ventura County water purveyors lack established common communication protocols to coordinate needed resources among the purveyors, including water transfers. (Ref-11)
In the last 20 years, Ventura County has experienced seven major wildfires. (Ref04, Att-03) The 2017 Thomas and 2018 Woolsey wildfires challenged water purveyors’ ability to keep water sufficiently supplied to firefighters because of a loss of power to water infrastructure, coupled with the speed and size of the wildfires. (Ref-18, Ref-19, Ref-20)
Not all Ventura County water purveyors who are governed by the Ventura County Fire Code keep dry fuels away from pumps and wells, violating Ventura County Ordinance 32 Section 4907.8 The code states: “clearance requirements… shall apply to communication site towers and their support Buildings; required fire protection water supplies including water tanks, water supply pumps and pump houses; and any other utility Structure as required by the Fire Code Official.” (Ref-21) 219
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 5
DISCUSSION (Statements of Fact)
SF-01. The United States Environmental Protection Agency (US EPA) and the California State Water Board have published guidelines for water purveyors recommending preparations for wildfires, including increased water storage, reliable power and personnel training. (Ref-22, Ref-23, Ref-24) SF-02. During an RFW, all water purveyors surveyed increase the water level in storage tanks. (Ref-11)
SF-03. When a fast-moving wildfire increases in size and water storage tanks do not have adequate supply for firefighting, hydrants may run out of water. (Ref-18, Ref-19, Ref-20)
SF-04. During past Ventura County wildfires, firefighters have experienced hydrants that have run dry. (Ref-11, Ref-15, Ref-19, Ref-20) SF-05. For the last ten years, the average number of days that Ventura County has been under Fire Weather Watch (FWW) is 5.5 days, with an average duration of one day. (Ref-10, Att-06)
SF-06. For the last ten years, the average number of days that Ventura County has been under Red Flag Warning (RFW) is 11 days, with an average duration of two days. (Ref-10, Att-06)
SF-07. One of fifteen water purveyors surveyed have written response procedures for FWW notification and RFW notification. (Ref-11)
SF-08. Four of fifteen water purveyors surveyed have written response procedures for an active fire. (Ref-11)
SF-09. One of fifteen water purveyors surveyed have written response procedures for PSPS notifications. (Ref-11)
SF-10. Two out of fifteen water purveyors surveyed have formal written training procedures to follow when preparing for FWW, RFW, active fire or PSPS scenarios. (Ref-11, Ref-16)
SF-11. Five out of fifteen water purveyors surveyed have permanent backup power to all their critical water infrastructure. (Ref-11)
SF-12. Five out of fifteen water purveyors surveyed have SCADA systems with emergency battery and backup power. (Ref-11)
SF-13. The US EPA’s published guidelines for wildfire preparation include establishing shared communication protocols with neighboring utilities. (Ref-22, Ref-24)
220
2022-2023 Ventura County Grand Jury Final Report
6 Water Availability for Wildfires in Ventura County
SF-14. Three of fifteen water purveyors surveyed have a common radio protocol with adjoining water purveyors to coordinate needed actions and rapid water supply transfers. (Ref-11, Ref-17)
SF-15. Contact lists used by Ventura County OES, currently supplied by the Association of Water Agencies, are out of date by two years. (Ref-11, Ref25) SF-16. Six of fifteen water purveyors surveyed have enrolled their employees in the FCC Wireless Priority Service (WPS) for cell phone priority in emergencies. (Ref-26)
SF-17. Enrolling in the Government Emergency Telecommunication System (GETS) provides subscribers with priority access to landline telephone networks in emergency situations. (Ref-27)
SF-18. Three of fifteen water purveyors surveyed are members of California Water/Wastewater Agency Response Network (CalWARN) which is a mutual aid network that provides emergency resources statewide. (Ref-28) SF-19. The Ventura County Fire Code applies to all local jurisdictions which contract with Ventura County Fire for their fire department service. (Ref-11, Ref-21) SF-20. The cities of Fillmore, Oxnard and Ventura have their own fire departments and have not adopted the Ventura County Fire Code. (Ref-11, Ref-29, Ref30, Ref-31) SF-21. Two water purveyors surveyed are not subject to Ventura County Fire Code requirements that address brush clearance around water tanks, water supply pumps, pump houses and related infrastructure. (Ref-11, Ref-21)

FINDINGS
F-01. The Grand Jury finds that an adequate supply of water is essential for successful suppression of wildfires. (SF-01, SF-02, SF-03, SF-04) F-02. The Grand Jury finds that the limited number of Fire Weather Watch (FWW) advisories amplifies the importance of establishing written procedures, protocols and training. (SF-01, SF-05, SF-07, SF-10) F-03. The Grand Jury finds that written procedures for actions taken by water purveyors during a Fire Weather Watch event is a best practice that is lacking in Ventura County. (SF-01, SF-05, SF-07, SF-10) F-04. The Grand Jury finds that the limited number of Red Flag Warning (RFW) events amplifies the importance of establishing written procedures, protocols, and training. (SF-01, SF-06, SF-07, SF-10) 221
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 7
F-05. The Grand Jury finds that written procedures for actions taken by water purveyors during a Red Flag Warning event is a best practice that is lacking in Ventura County. (SF-01, SF-06, SF-07, SF-10) F-06. The Grand Jury finds that written procedures for actions taken by water purveyors during an active fire event is a best practice that is lacking in Ventura County. (SF-01, SF-08, SF-10)
F-07. The Grand Jury finds that written procedures for actions taken by water purveyors during Public Safety Power Shutoff (PSPS) events is a best practice that is lacking in Ventura County. (SF-01, SF-09, SF-10) F-08. The Grand Jury finds that backup power to critical infrastructure is not always available. (SF-01, SF-11)
F-09. The Grand Jury finds that SCADA systems are not equipped with backup power in all instances. (SF-01, SF-12)
F-10. The Grand Jury finds that inadequate communication between adjoining water purveyors limits the ability to coordinate needed actions such as available water transfers. (SF-13, SF-14)
F-11. The Grand Jury finds that notification to water purveyors of FWWs and RFWs is inconsistent due to out-of-date contact lists. (SF-13, SF-15) F-12. The Grand Jury finds that enrolling in GETS and WPS would allow Ventura County water purveyors priority access to landline and cellular telephone networks in emergency situations. (SF-16, SF-17) F-13. The Grand Jury finds that enrolling in CalWARN would allow Ventura County water purveyors access to statewide resources. (SF-18) F-14. The Grand Jury finds that Ventura County Fire Code section 4907.8 regarding brush clearance around water tanks, water supply pumps, pump houses and related infrastructure applies to all rural and unincorporated communities, and all cities except Fillmore, Oxnard and Ventura. (SF-19, SF-20, SF-21)
222
2022-2023 Ventura County Grand Jury Final Report
8 Water Availability for Wildfires in Ventura County

RECOMMENDATIONS
R-01. The Grand Jury recommends that water purveyors establish written operational procedures and training to provide for increased water supply for fire flow during FWWs, RFWs, active fires and PSPS. (F-01, F-02, F-03, F-04, F-05, F-06, F-07) R-02. The Grand Jury recommends that water purveyors have emergency power on site for all critical water infrastructure including SCADA systems. (F-08, F-09)
R-03. The Grand Jury recommends that water purveyors establish common communication protocols with adjoining water purveyors to coordinate needed actions, including water transfers during active fires. (F-10)
R-04. The Grand Jury recommends that Ventura County Sheriff’s OES develop a current contact list of water purveyors, updated at least once a year. (F-11)
R-05. The Grand Jury recommends that water purveyors enroll their employees in the FCC Wireless Priority Service (WPS) providing cell phone priority in emergencies. (F-12)
R-06. The Grand Jury recommends that water purveyors enroll in the Government Emergency Telecommunications System (GETS)
providing landline phone priority in emergencies. (F-12) R-07. The Grand Jury recommends that all water purveyors enroll in CalWARN, a network of water and wastewater agencies that can provide emergency resources. (F-13)
R-08. The Grand Jury recommends that all water purveyors provide brush clearance around water tanks, water supply pumps, pump houses and related infrastructure. (F-14)
R-09. The Grand Jury recommends that Ventura City Fire Department, Oxnard Fire Department and Fillmore Fire Department adopt the Ventura County standard for brush clearance around water tanks, water supply pumps, pump houses and related infrastructure. (F14) 223
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 9

RESPONSES
Responses required from:

The following elected officer within 60 days:

Ventura County Sheriff (F-11, R-04)
The following governing bodies within 90 days:

Camrosa Water District, Board of Directors (F-01, F-02, F-03, F-04, F-05, F-06, F07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) Casitas Municipal Water District, Board of Directors (F-01, F-02, F-03, F-04, F-05, F06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08)
City of Camarillo, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) City of Fillmore, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08, R-09) City of Oxnard, City Council (F-14, R-09)
City of Santa Paula, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) City of Simi Valley, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) City of Thousand Oaks, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) City of Ventura, City Council (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08, R-09) Meiners Oaks Water District, Board of Directors (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) Triunfo Water & Sanitation District, Board of Directors (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08)
Ventura County Board of Supervisors (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) Ventura River Water District, Board of Directors (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09, F-10, F-12, F-13, F-14, R-01, R-02, R-03, R-05, R-06, R-07, R-08) 224
2022-2023 Ventura County Grand Jury Final Report
10 Water Availability for Wildfires in Ventura County

REFERENCES
Ref-01 Williams, A. P., Abatzoglou, J. T., Gershunov, A., Guzman‐Morales, J., Bishop, D. A., Balch, J. K., & Lettenmaier, D. P. (2019). Observed impacts of anthropogenic climate change on wildfire in California.

Earth’s Future, 7(8), 892–910. https://doi.org/10.1029/2019ef001210 retrieved May 22, 2023
Ref-02 National Weather Service, Forecast Office Los Angeles/Oxnard, Fire Weather Watch
https://www.wrh.noaa.gov/lox/office/brochures/lox_firewx_brochure.p df retrieved May 19, 2023
Ref-03 Wildland-Urban Interface (WUI) Fire Data Collection on Parcel Vulnerabilities https://www.nist.gov/programs-projects/wildland-urbaninterface-wui-fire-data-collection-parcel-vulnerabilities retrieved May 19, 2023
Ref-04 NWS WFO Los Angeles/Oxnard, Red Flag Criteria
https://www.wrh.noaa.gov/lox/fire_weather/redflag.pdf retrieved May 20, 2023
Ref-05 Ventura County 2040 General Plan (September 2020), Chapter 11, figure 11-08, section 11.2, page 11-37
https://docs.vcrma.org/images/pdf/planning/plans/VCGPU_11_Adopted _Hazards_Safety_September_2020.pdf#11-08
retrieved May 20, 2023
Ref-06 Ventura County 2040 General Plan (September 2020), Chapter 11, figure 11-10, section 11.3, page 11-48
https://docs.vcrma.org/images/pdf/planning/plans/VCGPU_11_Adopted _Hazards_Safety_September_2020.pdf#11-10
retrieved May 20, 2023
Ref-07 Ventura County 2040 General Plan Update (September 2020), Background Report
https://docs.vcrma.org/images/pdf/planning/plans/Background_Report _-_All_Sections.pdf#1123 retrieved May 19, 2023
Ref-08 Proposed map classifies 96% of rural Ventura County in 'very high' fire zone, Ventura County Star, January 1, 2023, by Cheri Carlson https://www.vcstar.com/story/news/local/2023/01/13/californiawildfires-map-rural-ventura-county-very-high-fire-risk/69785732007/ retrieved May 19, 2023
225
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 11
Ref-09 State Responsibility Area Fire Hazard Severity Zones (map), Ventura County, November 21, 2022
https://osfm.fire.ca.gov/media/4kmf21h5/fhsz_county_sra_11x17_202 2_ventura_ada.pdf retrieved May 19, 2023
Ref-10 [email protected], D. H. (n.d.). IEM :: NWS warning search by point or county/zone. Iowa Environmental Mesonet.
https://mesonet.agron.iastate.edu/vtec/search.php#eventsbypoint/-

93.6530/41.5300 retrieved May 19, 2023
Ref-11 Interviews
Ref-12 Drinking water storage tank assessment study protocol. (n.d.-a). https://www.epa.gov/sites/default/files/2021-05/documents/storagetank-spreadsheet-assessment-protocol.pdf retrieved May 19, 2023 Ref-13 Wheeler, M. (2017, December 5). City of Ventura advising residents to boil water before using due to Thomas Fire. KERO 23 ABC News Bakersfield. https://www.turnto23.com/news/local-news/city-ofventura-advising-residents-to-boil-water-before-using-due-to-thomasfire#:~:text=The%20city%20of%20Ventura%20sent%20out%20a%20 press,drinking%20and%20cooking%20purposes%20as%20a%20safety %20precaution.%22 retrieved May 19, 2023
Ref-14 Scanning. (n.d.-c).
https://download.newsroom.edison.com/create_memory_file/?f_id=60 677314b3aed3396d46711f&content_verified=True retrieved May 19, 2023
Ref-15 Los Angeles Times. (2018, November 13). As toll mounts from Malibu to Thousand Oaks, how did The Woolsey fire become a monster?. Los Angeles Times. https://www.latimes.com/local/lanow/la-me-woolseyfire-spread-20181113-story.html retrieved May 19, 2023 Ref-16 Options for Consideration in the Face of Wildfires and Public Safety Power Shutoff 2020, San Diego Gas and Electric, Southern California Edison, Pacific Gas and Electric Company
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/ docs/psps_wildfire/pws_psps_options_2020.pdf retrieved May 19, 2023 Ref-17 Water sector utility incident action checklist – wildfire - US EPA. (n.d.- d). https://www.epa.gov/system/files/documents/2022-03/220218- incident-action-checklist-wildfires.pdf retrieved May 19, 2023 226
2022-2023 Ventura County Grand Jury Final Report
12 Water Availability for Wildfires in Ventura County
Ref-18 Gabbert, B. (2019, August 26). Thomas Fire causes evacuations near Santa Paula, California. Wildfire Today.
https://wildfiretoday.com/2017/12/04/thomas-fire-causes-evacuationsnear-santa-paula-california/, retrieved May 19, 2023 Ref-19 After Action Review of the Woolsey Fire Incident. (n.d.-a). https://file.lacounty.gov/SDSInter/bos/supdocs/144968.pdf#67, retrieved May 19, 2023
Ref-20 Los Angeles Times. (2018a, January 8). Scanning. Los Angeles Times. https://www.latimes.com/local/lanow/la-me-fire-hydrants-not-workingventurs-20171205-story.html, retrieved May 19, 2023 Ref-21 Scanning. Viewer - Primegov Portal. (n.d.).
https://ventura.primegov.com/portal/viewer?id=305229&type=2 retrieved May 19, 2023
Ref-22 Environmental Protection Agency. (n.d.). Scanning. EPA. https://www.epa.gov/waterutilityresponse/incident-action-checklistswater-utilities retrieved May 19, 2023 Ref-23 California State Water Resources Control Board. (n.d.). Public Safety Power Shutoff and wildfire information for Public Water Systems.

SWRCB.gov.
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/ pspswildfire.html retrieved May 19, 2023
Ref-24 Is your water or wastewater system prepared? what you need to know ... (n.d.-d). https://www.epa.gov/sites/production/files/2016- 03/documents/waterwastewatersystemgeneratorpreparedness.pdf retrieved May 19, 2023
Ref-25 Association of Water Agencies, Ventura County, Members Directory, County Water Districts https://www.awavc.org/aboutus/members/20-county-water-districts retrieved May 19, 2023 Ref-26 Wireless Priority Service (WPS). Federal Communications Commission. (n.d.). https://www.fcc.gov/general/wireless-priority-service-wps retrieved May 20, 2023
Ref-27 Government Emergency Telecommunications Service (GETS). Federal Communications Commission. (n.d.).
https://www.fcc.gov/general/government-emergencytelecommunications-service retrieved May 20, 2023 227
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 13
Ref-28 Calwarn. CALWARN. (n.d.). https://www.calwarn.org/ retrieved May 20, 2023
Ref-29 Municode Library. (n.d.).
https://library.municode.com/ca/fillmore/codes/code_of_ordinances?no deId=TIT5BUCO_CH5.04COFIPRCOAM_5.04.060CAFICO&showChanges =true
retrieved May 22, 2023
Ref-30 American Legal Publishing. (n.d.).
https://codelibrary.amlegal.com/codes/oxnard/latest/oxnard_ca/0-0-0- 49799
retrieved May 22, 2023
Ref-31 Viewer – Primegov Portal. (n.d.).
https://ventura.primegov.com/portal/viewer?id=305229&type=2 retrieved May 22, 2023
228
2022-2023 Ventura County Grand Jury Final Report
14 Water Availability for Wildfires in Ventura County

GLOSSARY

TERM DEFINITION
CalWARN California Water/Wastewater Agency Response Network FCC Federal Communications Commission
FWW Fire Weather Watch
GETS Government Emergency Telecommunications System
NWS National Weather Service
OES (Ventura County) Office of Emergency Services
PSPS Public Safety Power Shutoff
RFW Red Flag Warning
SCADA Supervisory Control And Data Acquisition
US EPA United States Environmental Protection Agency
WFO Weather Forecast Office
WPS Wireless Priority Service
WUI Wildland Urban Interface

ATTACHMENTS
Att-01. Seasonal and annual burned areas in California for 1972–2018 Att-02. Red Flag Criteria (Los Angeles/Oxnard)
Att-03. Ventura County Major Fire Perimeters, last 20 years Att-04. Wildfires History Map
Att-05. Ventura County Fire Hazard Severity Zones
Att-06. FWWs and RFWs in Ventura County, last 10 years
229
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 15
Attachment-01
Seasonal and annual burned areas in California for 1972–2018 Source: Ref-01
230
2022-2023 Ventura County Grand Jury Final Report
16 Water Availability for Wildfires in Ventura County
Attachment-02
Los Angeles/Oxnard National Weather Service Criteria
Red Flag Criteria
Weather Forecast Office (WFO)
Los Angeles/Oxnard
Red Flag Criteria requires dry fuels and any one of the following:

1. Relative Humidity 13 percent or less with either sustained winds 25 mph or greater or frequent gusts 35 mph or greater (duration of 6 hours or more)

2. Relative Humidity 10 percent or less with either sustained winds 15 mph or greater or frequent gusts 25 mph or greater (duration of 6 hours or more)

3. Widespread and/or significant Dry Lighting

4. Other (forecaster discretion) unusual but significant metrological and/or fuel conditions in coordination with Geographic Area Coordination Centers (GACC) or local agency
Source: Ref-04
231
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 17
Attachment-03
Source: Ref-05
232
2022-2023 Ventura County Grand Jury Final Report
18 Water Availability for Wildfires in Ventura County
Attachment-04
Source: Ref-06
233
2022-2023 Ventura County Grand Jury Final Report
Water Availability for Wildfires in Ventura County 19
Attachment-05
Source: Ref-09
234
2022-2023 Ventura County Grand Jury Final Report
20 Water Availability for Wildfires in Ventura County
Attachment-06
Compiled by the Grand Jury from the National Weather Service data base (Ref-10) Agency Location of agency # of Fire Weather Watch Alerts 10 Year Avg Fire Weather Watch Alerts Total number of Fire Weather Watch days Avg # of Days per Fire Weather Watch Alert Number of Red Flag Warnings 10 Year Average Red Flag Warnings Total number of Red Flag Warning days Avg # of Days per Red Flag Warning Alert Longitude latitude
Camarillo Water Camarillo 45 4.50 47.05 1.05 49 4.90 84.26 1.72 34.2164 -119.0376 Ventura County WWD #19 Somis 45 4.50 47.05 1.05 49 4.90 84.26 1.72 34.2584 -118.9956 Meiners Oaks WD Meiners Oaks 54 5.40 53.07 0.98 56 5.60 109.46 1.95 34.4480 -119.2429 Upper Ventura WD Ojai 54 5.40 53.07 0.98 56 5.60 109.46 1.95 34.4291 -119.2974 Ventura County WWD# 17 Bell Canyon 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.2081 -118.6875 Camrosa WD Santa Rosa Valley 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.2456 -118.9011 Fillmore Water Fillmore 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.3992 -118.9182 Ventura County WWD # 38 Lake Sherwood 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.1261 -118.8880 Ventura County WWD#1 Moorpark 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.2856 -118.8820 Triunfo WD Oak Park 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.1751 -118.7580 Santa Paula Water Santa Paula 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.3542 -119.0593 Simi Valley WWD #8 Simi Valley 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.2694 -118.7815 Thousand Oaks Water Thousand Oaks 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.1811 -118.9110 Ventura Water Ventura 57 5.70 56.03 0.98 59 5.90 112.75 1.91 34.2914 -119.2259 Trunfio WD Westlake Village 59 5.9 58.32 0.99 59 5.9 107.07 1.81 34.1438 -118.7996 Average 55 5.51 54.59 0.99 57 5.73 108.13 1.88
Average Total Days 5.47 10.79 16.26
235
236
F-14
R-09
237
238

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9
DATE: September 5, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: First Amendment to Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project PW 22-83.

RECOMMENDATION
That the City Council approve and authorize the execution of a First Amendment to a Professional Services Agreement with Tetra Tech, Inc. (Tetra Tech) to increase the not to exceed amount from $850,000 to $947,000 for additional design work required for the Kamala and Hobson Cast Iron Pipe Replacement 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.)

BACKGROUND
Cast iron pipe water lines within the City of Oxnard 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.

On October 4, 2022, the City Council approved Agreement A-8491 with Tetra Tech, in the amount of $850,000, for design services for the Kamala and Hobson Cast Iron Pipe Replacement Project. The original scope of work included preparing a preliminary engineering study, design drawings, specifications, and bid documents for the design and construction phase engineering services of new water mains in various locations throughout the Kamala and Hobson Neighborhoods. The Project will replace approximately 48,700 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.

Capital Improvement Program (CIP) Reference:

Project No. 226502 (C2227) & 226503 (C2228)– Kamala and Hobson Cast Iron Pipe Replacement Project, Specification No. PW 22-105 - CIP 2022-2027 - Adopted May 3, 2022 – Page 125 & 126.

DISCUSSION
Tetra Tech submitted the Draft Preliminary Design Report (PDR) with 30% design level plans on April 21, 2023, and held a virtual meeting on May 22, 2023, with the City discussing comments to the PDR. As a result of the design review meeting, the City requested Tetra Tech to:
• Prepare high-line plans and details for pipelines to be replaced-in-place preventing long-term disruption to service.
• Perform an additional 41 potholes recommended in the PDR due to missing as-built plans and limited plan view as-builts provided by Southern California Edison.
• Perform additional pavement repair for potholing and geotechnical investigation. 239
• Divide the Project into three separate construction packages in order to spread the construction costs over a longer period of time, consistent with the recent Water Rate Study.

The proposal was reviewed by the Project Manager and the Supervising Civil Engineer.

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 amount of this First Amendment to Agreement A-8491 with Tetra Tech shall not exceed an additional $97,000 for a new, not to exceed contract amount of $947,000, for professional design services. The Kamala and Hobson Cast Iron Pipe Replacement Project No. C2228 has just over $180,000 in available budget to cover this contract increase within the Water Capital Fund (602) to fund this agreement.

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

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. A-8491 Tetra Tech, Inc.

2. Amendment A-8491
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)
Agreement No. A-8491

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 5th day of September, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Tetra Tech, Inc. (“Consultant”). This First Amendment amends the Agreement entered into on October 4, 2022, by City and Consultant.

City and Consultant agree as follows:

1. In Section 6 of the Cover Page of the Agreement, the Total Agreement Amount is hereby amended to state: “$947,000.”

2. All references to the Scope of Work Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Scope of Work Exhibit – July 2023. The Scope of Work Exhibit is hereby disincorporated; instead, the Scope of Work Exhibit- July 2023 is attached hereto and incorporated herein by this reference.

3. All reference to the Rates and Cost Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Rates and Cost – July 2023. The the Rates and Cost Exhibit is hereby disincorporated; instead, the Rates and Cost - July 2023 is attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
1 266
Agreement No. A-8491
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD TETRA TECH, INC.
☐John C. Zaragoza, Mayor1 Date Richard A. Lemmon, Sr. Vice President Date ☐Jennifer Yates, Purchasing Agent 2
Preston Hopson, Secretary 3
Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 7/18/2023
7/18/2023
267
Agreement No. A-8491
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)
SCOPE OF SERVICES EXHIBIT – JULY 2023
Consultant to perform engineering design services for the replacement of approximately 60,150 LF of existing cast iron pipe water distribution mains (ranging from 8” to 12” in diameter) including associated valves, fire hydrants and other appurtenances.

The project shall also include resurfacing/paving of streets for long sections where pipe is to be replaced.

Task 1: Program Management

1. Project Management. Consultant shall coordinate all efforts of the Project Team including representatives from the City of Oxnard’s Public Works Department and Water Division (City).

The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

2. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s engineering and operations staff to discuss the scope and parameters of the Project. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City.

3. Progress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project. As part of the effort, the Consultant is responsible for developing meeting information and an agenda prior to the meeting and meeting minutes within three business days following the meeting with complete action tracking log.

4. Project Schedule. Consultant shall develop a project schedule at the beginning of the project that covers preliminary design, recommendations, design drawings, specifications, construction cost estimate, bid documents, and bid/award support services. Project schedule shall be submitted with the proposal and shall be updated within 2 weeks of the kickoff meeting.

5. Project Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.
3 268
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)

6. Project Coordination. Consultant shall coordinate all of the services of sub-consultants including site visits and site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two weeks of starting the project. The plan shall include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. Monthly Invoicing. The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to [email protected].

Task 2: Preliminary Design
The consultant shall conduct land survey work as necessary to adequately complete the design, file permit applications, and provide reference points for construction layouts. As a minimum, property lines, right-of-ways, easements, topographic information, location of existing landmarks (e.g. edge of road, sidewalks, buildings, trees, valves, meter boxes, etc.) and underground utility locations are to be included. The engineer shall coordinate with the City and other utility owners to obtain underground utility information prior to the survey. If deemed necessary, the consultant shall conduct subsurface utility engineering locates to determine the location of important underground facilities.

The Consultant shall determine which permits are required for the project, including CEQA documentation, prepare and submit the necessary applications, and provide technical input as required in securing these permits. The consultant shall also provide the City with information regarding the approximate length of review time for each permit, and any special requirements that could delay this process.

The Consultant shall develop a project phasing plan to ensure utility service is maintained throughout the course of the construction project and construction impacts are minimized.

Agreement No. A-8491
4 269
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)

1. Site Survey: The Consultant shall include an allowance in its proposal to perform topographic and/or aerial surveys along the pipelines to be replaced. Aerial photography shall be at a minimum of 1-foot intervals to be used on a 1” = 40’ scale plan and profile drawings. Survey information shall include, at a minimum, elevations, northings and eastings of existing street infrastructure and all appurtenances (i.e. sidewalks, curb and gutter, utility boxes, catch basins, utility covers, manholes, fences, driveways, medians, trees, vegetation, etc.). A benchmark and line of bearing shall be established and shall be tied to existing survey control. Electronic CAD files (.DWF) of each topographic survey shall be transmitted to the City and provided as a base map for the project.

2. Geotechnical Borings: The Consultant shall engage a geotechnical service firm to take 25 bore log samples to a minimum depth of six feet and determine the characteristics of the formation. A geotechnical analysis shall be completed by the Consultant and include the determination of needing imported backfill material and removal of unsuitable soil.

3. Potholing: The Consultant shall include an allowance in its proposal to perform exploratory excavations (i.e. “potholing”) at 66 locations, at a minimum depth of 6 feet.

4. Preliminary Drawings: Develop plan and profile drawings equivalent to the 30-percent design level.

5. List of Specification: The preliminary design submittal shall include a list of anticipated technical specifications for all aspects of the facilities construction.

Deliverable
The Consultant shall submit the preliminary design electronically in the appropriate format (dwg & pdf).

Task 3: Pipeline 75% Design Services
The Consultant shall create a design, equivalent to the 75-percent design level, including various components such as design criteria, plan and profile drawings, connection details and cross sections. The Consultant shall produce the following 75% design deliverables:

1. General/Civil Design:
a. Title Sheet
b. Vicinity and location maps with contacts
c. Drawing index, general notes, symbols, abbreviations, and legends d. Referenced Standards and Specifications
Agreement No. A-8491
5 270
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)

2. Pipeline Design:
a. Plan and Profile Drawings: The Consultant shall prepare plan and profiles drawings to the 75% design level.
b. Pipeline and Utility Key Map.
c. Details: Consultant shall design connection details. d. Backfill: Consultant shall provide design mix for all backfill material per the geotechnical report.
e. Temporary Water Service: Consultant shall provide plans and details maintaining water service for alignments requiring the existing water main to be replaced in place.

3. Paving and Resurfacing:
a. Develop trenching, backfill, paving and resurfacing drawings. b. Striping plan
c. Provide a standard design pavement section that adheres to the City Standards.

The design shall consider and include limits of replacement.

4. Traffic Control:
a. Stipulate traffic control requirements per the City of standards and permitting requirements. Include requirements as a line item on the bid documents for the Contractor to complete.

5. Specifications:
a. Preliminary technical specification with draft text in all sections.

6. Prepare Preliminary Construction Cost Estimate:
a. Consultant shall prepare a preliminary construction estimate (Level 4 standard per the Association of Construction Cost Estimators) based on the PDR. This initial cost estimate will be updated throughout the final design process. Cost estimates shall include operating costs.

Deliverable
The Consultant shall provide the 75% design package containing drawings and specifications electronically and four (4) sets of 22”x34” (D Size) drawings.

Task 5: Pipeline Final Design Services
Consultant shall provide final design services that include full preparation of drawings, specifications, general and special provisions. The Consultant shall incorporate the review Agreement No. A-8491
6 271
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)
comments from the preliminary design phase into the 100% design package with the intermediate 90% submittal. The 100% design package shall include all bid documents, front-end documents, technical specifications, and drawings suitable for public bid. Subtasks include:

1. 90% Design Submittal: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the preliminary (75%) design review. At the end of the 90 percent design phase, drawings and specifications shall be complete. The following tasks are to be completed:
a. Civil drawings and details
b. Pipeline drawings and details
c. Paving and trench repair plans
d. Traffic control drawings (as required)
e. Specifications
f. Construction cost estimate
g. Construction schedule
Deliverable
The Consultant shall provide the 90% design package (electronically).

2. Final Design Submittal: During the final design phase, minor comments from the 90 percent design submittal shall be incorporated into the drawings and specifications. This final submittal will not be reviewed by the City and will be considered the bid set. Tasks include:
a. Production of final engineering drawings
b. Production of final engineering specifications
c. The Consultant shall prepare a probable construction cost estimate to be transmitted along with the final 100% design package.
d. The Consultant shall divide the project into three (3) separate construction bid packages consisting of the following:
• Hobson Cast Iron Pipe Replacement Project (approximately 15,000 LF) • Kamala Cast Iron Pipe Replacement Project West Phase (approximately 19,000 LF)
Agreement No. A-8491
7 272
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)
• Kamala Cast Iron Pipe Replacement Project East Phase (approximately 21,000 LF)
Deliverable
The Consultant shall provide the final design package (electronically). All drawings shall be prepared using AutoCAD 2018 or later.

Agreement No. A-8491
8 273
Price Summary / Totals
Task Pricing Totals 947,000
Specify Add'l Fees on Setup 0
Technology Use Fee
Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech Traffic CEQA CEQA CEQA Civil/Mech 947,000 Contract Type: T&M
Project Phases / Tasks 5,024 44 124 29 392 204 916 1,550 1,496 170 42 26 4 11 16 0.00% 632,525 299,817 5,752 8,906 947,000 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Task 1 - Project Management 120 42 50 28 29,480 520 30,000 General Administration (12 months) 30 30 6,600 6,600
Quality Control 40 40 13,200 13,200
Kick-Off Meeting 6 2 2 2 1,430 60 1,490
30%, 75% and 90% Design Review Meetings 12 6 6 2,310 219 2,529 Monthly Meetings (10) 32 12 20 5,940 242 6,182
Task 2 - Preliminary Design 935 12 102 20 194 278 242 42 26 4 11 4 118,180 299,817 5,752 3,451 427,200 Utility Research 40 20 20 4,400 1,726 6,126
Basemap Preparation 200 40 80 80 22,800 22,800
Site Visit 128 32 32 32 32 16,480 5,750 22,230
Survey Services 8 4 4 880 94,185 95,065
Geotechnical Investigation (25 Borings) 8 4 4 880 64,170 65,050 AMENDMENT 1 - Revised City Requirements 6 2 4 770 19,320 20,090 Potholing Services (25 Potholes) 24 20 4 3,040 31,964 35,004 AMENDMENT 1 - 25 Potholes Revised City Requirements 6 2 4 770 14,904 15,674 AMENDMENT 1 - Additional 41 Potholes 48 16 24 8 6,160 75,273 2 81,436 30% Plan and Profile 290 20 20 70 90 90 35,500 35,500
Preliminary Technical Memorandum 28 8 16 4 4,880 4,880
Specification List 2 2 330 330
Phasing Plan and Isolation Valves 32 4 12 16 4,620 4,620 Permitting 115 32 42 26 4 11 16,670 1,725 18,395
CEQA 99 16 42 26 4 11 14,590 1,725 16,315
City of Oxnard 16 16 2,080 2,080
Task 3 - Pipeline 75% Design Services 3,519 54 1 260 172 690 1,072 1,088 170 12 431,095 4,705 435,800 Plans 3,342 40 204 166 666 1,040 1,056 170 406,020 60 406,080 Title Sheet (1) 8 2 6 990 990
General Sheets (2) 25 1 2 2 4 8 8 3,160 3,160
Horizontal Control Plan (6) 50 2 4 4 20 20 6,160 6,160
Plan and Profile Sheets - Hobson East (23 ) 692 8 32 32 180 220 220 84,120 84,120 Plan and Profile Sheets - Kamala Park (54) 1,532 12 110 110 400 450 450 189,940 189,940 Connection Details - Hobson East (3 ) 70 2 4 4 12 24 24 8,600 8,600 Connection Details - Kamala Park (3) 70 2 4 4 12 24 24 8,600 8,600 Fire and Water Service Connection Details (1) 28 2 2 2 6 8 8 3,640 3,640 Miscellaneous Piping Details (3) 50 2 4 4 8 16 16 6,320 6,320 Abandonment Details (1) 24 2 2 4 8 8 2,940 2,940
Paving and Resurfacing Plans (11) 70 2 2 24 22 20 8,400 8,400 AMENDMENT 1 - Temporary Water Service Plans and Details (9) 207 9 36 144 18 25,740 60 25,800 Traffic Control Plans (40) 516 16 90 240 170 57,410 57,410 Billable 434 16 8 240 170 57,410 57,410
Non-Billable 82 82 -
Project Specifications 72 12 48 12 12,000 12,000
Front Ends Edits 16 4 8 4 2,680 2,680
Technical Specifications 56 8 40 8 9,320 9,320
Construction Cost Estimate and Schedule 60 2 6 4 16 16 16 7,690 7,690 Construction Costs (Level 4) 49 1 4 4 8 16 16 6,100 6,100 Construction Schedule 11 1 2 8 1,590 1,590
Submittals 45 1 2 2 8 16 16 5,385 4,645 10,030
75% Design Submittal 45 1 2 2 8 16 16 5,385 4,645 10,030 Task 4 - Pipeline Final Design Services 450 2 8 30 12 32 200 166 53,770 230 54,000 90% Design Submittal 298 10 8 20 130 130 34,170 230 34,400 Final Design Submittal 60 4 4 12 20 20 7,280 7,280
AMENDMENT 1 - Revised City Requirements 92 2 8 16 50 16 12,320 12,320 Task 5 - Bid Phase Services (AMENDMENT 1 - Removed From Scope) - Task 6 - Pipeline Construction Phase Services (AMENDMENT 1 - Removed From Scope) Preparation of As-Built Drawings - Totals 5,024 44 124 29 392 204 916 1,550 1,496 170 42 26 4 11 16 0.00% 632,525 299,817 5,752 8,906 947,000 Price Proposal 14 Resource
Labor Plan
Hobson and Kamala Cast Iron Pipe Replacement Project
Pipeline Replacement Project - Amendment No. 1 Total Price Pricing by Resource
Civil/MechProgram Manager
Submitted to: City of Oxnard (Attn: Jorge Espinoza, Project Manager) Senior Project ManagerProject CoordinatorProject Engineer 2Project Engineer 2Engineer 3Engineer 2Planner 2Engineer 3Project Engineer 1 Task
Pricing
Totals
Total
Labor Hrs Subs Travel ODCs
Labor
Engineer 2Traffic EngineerSr Planner 3Sr Project Administrator Rate Esc. Labor
Tetra Tech - Confidential and Proprietary Printed 7/12/2023 Rates and Cost Exhibit - July 2023
9 Agreement No. A-8491
274

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: September 5, 2023
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Resolution Declaring Results of Majority Protest Proceedings, adoption of Resolution and Second Reading and Adoption of the Ordinance to Renew the Oxnard Tourism Marketing District. (10 minutes)

RECOMMENDATION
That the City Council:

1. Hold a final public hearing, declare results of the majority protest proceeding, and adopt a resolution renewing the Oxnard Tourism Marketing District; and

2. Adopt Ordinance No. 3030 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.
(This item did not originate in Committee. Related items were heard at the June 29, 2023 and July 18, 2023 Council meetings.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/cWPvnEm9Qg

BACKGROUND
The Oxnard Tourism Marketing District (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 & Visitors Bureau dba Visit Oxnard (VO), 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 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 275
for the renewal processes. On July 18, 2023 the City Council conducted a Public Meeting and approved the first reading of an ordinance to renew the OTMD.

TOURISM MARKETING DISTRICTS
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 on 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 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 276
City Council (Council) may initiate proceedings to renew the OTMD by the adoption of a resolution expressing its intention to renew the OTMD.

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 (COMPLETED) Allow public testimony on the renewal of the OTMD and levy of assessments. At the public meeting, the Council introduced the Ordinance renewing the OTMD, and levying the assessment.

Sept. 5, 2023 FINAL PUBLIC HEARING AND ADOPTION OF THE RESOLUTION AND ORDINANCE (CURRENT STEP)
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 a resolution and an ordinance renewing the OTMD and levying the assessment. Upon successful adoption of the resolution and 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 the Economic Development Strategy. The purpose of the 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. The City Council authorized this OTMD in 2019, and this extension does not substantially change the OTMD. Additionally, the matter of the OTMD was heard at the June 29, 2023 and July 18, 2023 Council meetings.

Prepared by: Ashley Golden, Assistant City Manager

ATTACHMENTS

1. Management District Plan

2. Resolution of Intent

3. Resolution of Formation Renewing the OTMD
277

4. Ordinance Renewing the OTMD and Levying the Assessments

5. Presentation
278
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
279
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
280
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 renew 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 market 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 local, 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. The 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) months, 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 281
OTMD Management District Plan 4
June 8, 2023
implementing programs in accordance with this Plan, and must provide annual reports to the City Council.
282
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 specific 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
283
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, and 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 and 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. 284
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 cost 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 below. 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
285
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 awareness 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 promotional 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
286
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 to retain a fee equal to one percent (1%) of the amount of assessments 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 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. 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. 287
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 expended 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 Plan 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 ability 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 not 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 businesses. 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)
288
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 265. 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 OTMDfunded services. Non-assessed lodging businesses will not receive these, nor any other, OTMDfunded 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 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 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)
289
OTMD Management District Plan 12
June 8, 2023
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 the 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 with 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 290
OTMD Management District Plan 13
June 8, 2023
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. 291
OTMD Management District Plan 14
June 8, 2023
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 Owners’ Association of the OTMD as defined in Streets 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 limited 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. Brown 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.
292
OTMD Management District Plan 15
June 8, 2023
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 businessesin a business district are not taxesfor 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. 293
OTMD Management District Plan 16
June 8, 2023
(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 assessmentsthey may levy and the proper determination ofspecial 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 citiesto 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 acquiring, 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.
294
OTMD Management District Plan 17
June 8, 2023
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 agencies 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’ association 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.
295
OTMD Management District Plan 18
June 8, 2023
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
36620. Establishment of property and business improvement district 296
OTMD Management District Plan 19
June 8, 2023
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 assessments 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 business 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 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 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 determine 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 297
OTMD Management District Plan 20
June 8, 2023
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 the 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 expended 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 are 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 shall 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
298
OTMD Management District Plan 21
June 8, 2023
(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 property, 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 improvements, 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 299
OTMD Management District Plan 22
June 8, 2023
levy of assessments within a district shall not be used to provide improvements, maintenance, 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, improvements 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 that 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 the 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, maintenance, and activities, provided that any propertybased 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 300
OTMD Management District Plan 23
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 within 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 residential 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 funded 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 301
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 describe 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.
302
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 or 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 without 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 303
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.
304
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 305
306
307
308
309
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE OXNARD OF

OXNARD DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS AND RENEWING THE OXNARD TOURISM

MARKETING DISTRICT (OTMD)
WHEREAS, the City of Oxnard (City) created the OTMD on March 5, 2019 by Resolution No.15,200; and
WHEREAS, the OTMD was created for a five (5) year term which ends on March 31, 2024, and
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) authorizes the Oxnard to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and
WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the OTMD have petitioned the City Council to renew the OTMD; and
WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on certain lodging businesses existing and in future within the OTMD to pay for sales and marketing programs, and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the OTMD will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on June 29, 2023 at 6:00 PM at 305 West Third Street, Oxnard, CA 93030, the City Council adopted a Resolution of Intention, Resolution No. 15,722; and WHEREAS, the public meeting and public hearing to consider the renewal of the OTMD have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on July 18, 2023 at 6:00 PM at 305 West Third Street, Oxnard, CA 93030, the City Council held a public meeting and introduced and conducted a first reading of the Ordinance regarding the renewal of the OTMD and the levy of the proposed assessment, and the City Council heard and received objections and protests, if any, to the renewal of the OTMD and the levy of the proposed assessment; and
WHEREAS, on September 5, 2023 at 6:00 PM at 305 West Third Street, Oxnard, CA 93030, the City Council held a public hearing regarding the renewal of the OTMD, and the City 1 310
Council heard and received all objections and protests, if any, to the renewal of the OTMD and the levy of the proposed assessment; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed OTMD which would pay fifty percent (50%) or more of the assessments proposed to be levied.

Protests are weighted based on the assessment proposed to be levied on each lodging business; and
WHEREAS, following the public hearing, at the same City Council meeting on September 5, 2023, held at the Council Chambers located at 305 West Third Street, Oxnard, CA 93030, the City Council adopted the Ordinance to renew the OTMD and to continue the levy of assessments.

WHEREAS, Adoption of this Resolution does not diminish the legal effect of the adoption of the Ordinance adopted at the final hearing; and WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.

2. The OTMD is hereby renewed for a nine (9) years and three (3) months year term, beginning April 1, 2024 or as soon as possible thereafter, and ending on June 30, 2033

3. The Plan dated June 8, 2023 is hereby adopted and approved.

4. The activities to be provided to benefit lodging businesses in the OTMD will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the OTMD; to provide activities or improvements outside the OTMD; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, the Ordinance, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the OTMD boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the OTMD.

5. The City Council finds as follows:
2 311
a) The activities funded by the assessment will provide a specific benefit to assessed lodging businesses within the OTMD that is not provided to those not paying the assessment.
b) The assessment is a charge imposed for 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.
c) The assessment is a charge imposed for 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.
d) Assessments imposed pursuant to the OTMD are levied solely upon the assessed lodging business, and the lodging business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “OTMD Assessment” or “Tourism Assessment” as specified in the Plan.

6. The assessments levied for the OTMD shall be applied towards sales and marketing programs to market assessed lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan.

7. Assessments levied on lodging businesses pursuant to this Resolution shall be levied on the basis of benefit. Because the services provided are intended to increase demand for sleeping room rentals, an assessment based on gross short-term sleeping room rental revenue is the best measure of benefit.

8. 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.

9. Bonds shall not be issued to fund the OTMD.

10. The OTMD shall include all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard. A boundary map is attached hereto and incorporated herein by reference.

11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the OTMD assessment is levied as long as they are used consistent with the requirements set forth herein. 3 312

12. The assessments to fund the activities and improvements for the OTMD will be collected by the City on a monthly basis, and in accordance with Streets and Highways Code §36631.

13. The City Council, through adoption of this Resolution and the 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 Owners’ Association of the OTMD as defined in Streets and Highways Code §36612. The City Council has determined that Oxnard Convention & Visitors Bureau dba Visit Oxnard (VO) shall continue to be the OTMD Owners’ Association.

14. VO, pursuant to Streets and Highways Code §36650, 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 and activities described in the report. The first report shall be due after the first year of operation of the OTMD.

15. The OTMD renewed pursuant to this Resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).

16. The City Clerk, or their designee, is directed to take all necessary actions to complete the renewal of the OTMD and to levy the assessments.

17. This Resolution shall take effect immediately upon its adoption by the City Council.

I HEREBY CERTIFY that the foregoing Resolution of Formation was introduced and adopted at a regular meeting of the City Council on the __________ day of ______________________, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
John C. Zaragoza, Mayor
Attest Approved as to Form:

Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 4 313
Boundary Map
5 314

CITY OF OXNARD
ORDINANCE NO. 3030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE 1.5 TO CHAPTER 13 OF THE OXNARD CITY CODE REGARDING THE OXNARD TOURISM MARKETING DISTRICT AND AMENDING THE TITLE OF ARTICLE 1 OF CHAPTER 13 OF THE OXNARD CITY CODE FROM “ASSESSMENTS, FEES AND TAXES” TO “ASSESSMENTS AND TAXES”
WHEREAS, the City of Oxnard (City) created the Oxnard Tourism Marketing District (OTMD) on March 5, 2019 pursuant to Resolution No. 15,200, with the OTMD beginning on April 1, 2019; and WHEREAS, the OTMD was created for a five (5) year term, which ends on March 31, 2024, and WHEREAS, lodging businesses with fifty five (55) rooms or more located within the boundaries of the City of Oxnard that will pay more than fifty percent (50%) of the proposed assessment have petitioned the City Council (Council) to renew the OTMD; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on certain lodging businesses to pay for sales and marketing programs, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the OTMD will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on June 29, 2023, at 6:00 PM at the Council Chambers located at 305 West Third Street, Oxnard, CA 93030 (Council Chambers), the Council adopted a Resolution of Intention, Resolution No. 15,722; and
WHEREAS, the public meeting and public hearing to consider the renewal of the OTMD have been properly noticed in accordance with Streets and Highways Code Section 36623; and WHEREAS, on July 18, 2023, at 6:00 PM at the Council Chambers, the Council held a public meeting regarding the renewal of the OTMD, introduced this Ordinance to renew the OTMD and continue the levy of assessments, and the Council heard and received objections and protests, if any, to the renewal of the OTMD and the levy of the proposed assessments; and WHEREAS, on September 5, 2023 at 6:00 PM at the Council Chambers, the Council held a public hearing to renew the OTMD and continue the levy of assessments, and the Council heard and received all objections and protests, if any, to the renewal of the OTMD and the levy of the proposed assessment; and
WHEREAS, on September 5, 2023, following the receipt of all objections and protests and the adoption of the Resolution of Formation the City Council considered adoption of this Ordinance to renew the OTMD and continue the levy of the assessments; and 315
Ordinance No. 3030
2 WHEREAS, the City Clerk has determined that there was no majority protest, defined as written protests received from owners of lodging businesses in the renewed OTMD who would pay fifty percent (50%) or more of the assessments proposed to be levied; and WHEREAS, the OTMD is a tourism marketing district formed under the provisions of the Property and Business Improvement District Law of 1994, as set forth in the Streets and Highways Code Section 36600 et seq.; and
WHEREAS, the amount of the proposed assessment for the OTMD will total approximately $1,000,000 for each full fiscal year (July 1 – June 30) of operations. The initial year of operations will be a partial year consisting of three (3) months, with an anticipated assessment budget of $250,000; and
WHEREAS, adoption of this Ordinance does not diminish the legal effect of the adoption of the Resolution of Formation.

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

Section 1. The title of Article I of Chapter 13 of the Oxnard City Code is amended to read as follows:
“ARTICLE 1. ASSESSMENT AND FEES”.

Section 2. Article 1.5 is added to Chapter 13 of the Oxnard City Code to read as follows:
“ARTICLE 1.5: OXNARD TOURISM MARKETING DISTRICT
SEC. 13-3. RENEWAL OF OXNARD TOURISM MARKETING DISTRICT.

Pursuant to the provisions of the Property and Business Improvement District Law of 1994 (Streets and Highways Code Section 36600 et seq.), the Oxnard Tourism Marketing District (OTMD) is hereby renewed effective April 1, 2024 or as soon as possible thereafter, and shall end on June 30, 2033.

SEC. 13-4. MANAGEMENT DISTRICT PLAN.

The Management District Plan (Plan) for the OTMD dated June 8, 2023 is hereby adopted and approved.

SEC. 13-5. ACTIVITIES AND IMPROVEMENTS.
(A) The activities to be provided to benefit businesses in the OTMD shall be funded by the levy of assessments. The revenue from the assessment levy shall not be used to provide activities or improvements outside the OTMD unless the activities or improvements are marketing or signage pointing to the OTMD; or for any purpose other than the purposes specified in this Ordinance, the Resolution of Intention, the Resolution of Formation, and the Plan. (B) The Council finds as follows:
(1) The activities funded by the assessment will provide a specific benefit to assessed 316
Ordinance No. 3030
3 lodging businesses within the OTMD that is not provided to those not paying the assessment.
(2) The assessment is a charge imposed for 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.
(3) The assessment is a charge imposed for 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) Assessments imposed pursuant to the OTMD are levied solely upon the assessed lodging business, and the lodging business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient or customer, that portion shall be specifically called out and identified for the transient or customer in any and all communications from the business owner as the “OTMD Assessment” or the “Tourism Assessment” as specified in the Plan.
(C) The assessments levied for the OTMD shall be applied toward sales and marketing programs, and other improvements and activities as set forth in the Plan. (D) Assessments levied on certain lodging businesses within the OTMD pursuant to this Ordinance shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on gross short term room rental revenue is the best measure of benefit.

SEC. 13-6. BUDGET.

The assessments for the OTMD will total approximately $1,000,000 for each full fiscal year (July 1 – June 30) of operations. The initial year of operations will be a partial year consisting of three (3) months, with an anticipated assessment budget of $250,000.

SEC. 13-7. NO ISSUANCE OF BONDS.

Bonds shall not be issued to fund the OTMD.

SEC. 13-8. BOUNDARIES.

The renewed OTMD includes all lodging businesses with fifty-five (55) rooms or more located within the boundaries of the City of Oxnard as described in the Management District Plan.

SEC. 13-9. ASSESSMENTS.
(A) The annual assessment rate of the OTMD 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, 317
Ordinance No. 3030
4 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.
(B) The assessments shall be used for the purposes set forth herein and any funds remaining at the end of any year may be used in subsequent years in which the OTMD assessment is levied as long as they are used consistent with the requirements set forth herein.

SEC. 13-10. COLLECTIONS.

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. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

SEC. 13-11. OWNERS’ ASSOCIATION.

Through adoption of this Ordinance and the Plan, the Council has the right pursuant to Streets and Highways Code Section 36651 to identify the body that shall implement the proposed program. As defined in Streets and Highways Code Section 36612, the Council hereby designates the Owners’ Association of the OTMD as that body. The Oxnard Convention & Visitors Bureau dba Visit Oxnard (VO) shall continue to be the OTMD Owners’ Association. The Council is authorized to contract with VO to administer the OTMD.

SEC. 13-12. ANNUAL REPORT.

Pursuant to Streets and Highways Code Section 36650, VO 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 improvement and activities described in the report. The first report shall be due after the first year of operation of the OTMD.

SEC. 13-13. AMENDMENTS TO ENABLING LEGISLATION.

The renewed OTMD shall be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et. seq.).” Section 2. Severability. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Oxnard declares that it would have passed and adopted this Ordinance and each and all provisions irrespective of the fact that any one or more of said provisions may be declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

Section 3. Publication. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City 318
Ordinance No. 3030
5 Council’s adoption of this Ordinance. The City Clerk shall certify as to the adoption and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

Section 4. Effective Date. Ordinance No. 3030 was first read on July 18, 2023, finally adopted on September 5, 2023, to become effective thirty (30) days after adoption.

PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER 2023, BY THE FOLLOWING VOTE: :

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
ATTEST: John C. Zaragoza, Mayor
________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_________________________________
Stephen M. Fischer, City Attorney
319
Renewal of Oxnard Tourism Marketing
District (OTMD)
City Council
Ashley Golden, Assistant City Manager
September 05, 2023
320
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.
321

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 (COMPLETED) • 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 (CURRENT 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 and resolution.
3 322
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.
4 323

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 and July 18, 2023 Council meetings.
5 324
Staff’s Recommendation
That the City Council:
• Hold a final public hearing, declare results of the
majority protest proceeding, and adopt a resolution
renewing the Oxnard Tourism Marketing District; and
• Adopt 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.
6 325
QUESTIONS?
326

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1
DATE: September 5, 2023
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Omnibus City Code Update. (10 minutes)

RECOMMENDATION
That the City Council approve the introduction and first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING VARIOUS SECTIONS OF

THE OXNARD CITY CODE TO ADDRESS CHANGES IN STATE LAW, CORRECT ERRORS, AND UPDATE GENDER-NEUTRAL REFERENCES."
(The Finance & Governance Committee approved 3-0 on July 25, 2023) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/U2QlNGaOLQ

BACKGROUND
Over the years, the OCC has been amended many times to address clerical errors and updates to legal citations. The ordinance before the City Council proposes non-substantive updates to address changes in state law, corrects minor errors, and updates gender-neutral references.

The proposed changes to the OCC include, but are not limited to, the following:

1. Updating the names of the City Council committees;

2. Clarifying that commissioners of the City's CAGs are appointed by the Mayor with the approval of the City Council;

3. Changing references from Rosenberg's Rules of Order to Robert's Rules of Order;

4. Updating the code to include changes in City employee titles (Chief Assistant City Attorney, Chief Financial Officer);

5. Updating gender-neutral language;

6. Modifying the number of days for which the City Council must reconsider a local emergency from 30 days to 60 days;

7. Updating state law references; and

8. Modifying chapter titles.

The City Attorney's Office intends to update the OCC as needed periodically.

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 327
modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
The Finance & Governance Committee approved 3-0 on July 25, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Redline_Omnibus City Code Update Ordinance_ 8.14.23

2. Clean_Omnibus City Code Update Ordinance_ 8.14.23

3. Omnibus City Code Update City Council Presentation
328

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING VARIOUS SECTIONS OF THE OXNARD CITY CODE TO

ADDRESS CHANGES IN STATE LAW, CORRECT ERRORS, AND UPDATE

GENDER-NEUTRAL REFERENCES
WHEREAS, the Oxnard City Code (“OCC”) needs to be reviewed and amended periodically to address changes in state law, and correct clerical errors; and WHEREAS, this omnibus code cleanup is not intended to be a comprehensive or substantive update to the OCC; and
WHEREAS, this omnibus code cleanup is meant to make relatively minor changes to maintain the OCC.

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

Part 1. Section 1-20 of the Oxnard City Code is hereby amended to read as follows:
“The city council hereby declares that in order to ensure that the citizens residents of the city are given an administrative review opportunity, the following hearing procedures, sections 1- 21 through 1-25, are adopted which shall be complied with prior to termination of utility services by the city for nonpayment of bills by customers.”
Part 2. Section 2-1.1(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The following city council committees shall consist of three city council members per committee, appointed by the mayor and approved by at least four city councilmembers:
(1) The finance and governance committee;
(2) The public works and transportation committee;
(3) The public safety committeeThe community services, public safety, housing & economic development committee.;”
(4) The housing and economic development committee; and (5) The community services committee.”
Part 3. Section 2-36(C) of the Oxnard City Code is hereby amended to read as follows:
“(C) A commissioner may be reappointed by the mayor, with the approval of the city council.

However, no member of the commission may be appointed to serve more than two consecutive terms. This provision applies prospectively to all commissions. If a member serves less than half of a term, that member shall be eligible to serve two full consecutive terms thereafter.” Part 4. Section 2-39(A) of the Oxnard City Code is hereby amended to read as follows:
329
“(A) Each commission shall follow Rosenberg's Robert’s Rules of Order.” Part 5. Section 2-96(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The commission shall consist of seven members appointed by the city council. Members of the commission shall serve and may be removed and replaced at the pleasure of the city council. Members shall serve without compensation, shall reside in the city, and shall be at least 18 years of age.”
Part 6. Section 2-136 of the Oxnard City Code is hereby amended to read as follows:
(B) The terms used in subsection (A) shall be defined as follows:
(1) “City employee designated herein” shall mean any city officer or employee in any of the following classifications:
(a) City council member;
(b) City manager;
(c) Assistant city manager;
(d) Deputy city manager;
(e) City attorney;
(f) Assistant city attorney;
(g) Chief assistant city attorney;
(gh) Deputy city attorney;
(hi) Development services director;
(ij) Community development director;
(jk) City planner;
(kl) Principal planner;
(lm) Building official;
(mn) Plan check engineer;
(no) Supervising building inspector;
(op) Code enforcement official;
(pq) Finance and management services directorChief financial officer; (qr) Housing director;
(rs) Public works director.

Part 7. Section 2-177 of the Oxnard City Code is hereby amended to read as follows:
“The director of financechief financial officer shall file with the city clerk a bond covering the faithful performance of his/herthe chief financial officer’s duties, in the penal sum of not less than $20,000. The bond shall conform to the provisions of Chapter 3, Division 4, Title 1 of the Cal. Gov't Code. The premium on the bond shall be paid by the city.” Part 8. Section 2-180 of the Oxnard City Code is hereby amended to read as follows:
“After the end of each fiscal year, the director of financechief financial officer shall cause an audit of the city's financial reports for the previous fiscal year to be prepared promptly by a 330
certified public accountant. Within a reasonable time, the director of financechief financial officer shall present the audit to the city council at a public meeting.” Part 9. Section 2-184 of the Oxnard City Code is hereby amended to read as follows:
“The finance directorchief financial officer shall prepare a written form of demand and proposed check for each approved invoice and claim. Supporting documents such as the purchase order, and invoice or claim for payment shall be attached thereto. Demands shall be individually audited by the finance directorchief financial officer or designee, who shall certify as to the accuracy of each demand and the availability of funds for payment thereof. Such demands may be in the form of check-warrants and when approved by all officers as required by this code, shall be delivered to the assistant city treasurer. The assistant city treasurer shall subscribe a direction to the depository of funds to pay the funds to the order of the payee, which action shall convert the warrant, or demand, to a bona fide check.”
Part 10. Section 2-186 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-186. APPROVAL OF WARRANTS BY DIRECTOR OF FINANCE; REGISTERED WARRANTS; PAYMENT OF BONDS AND COUPONS.
(A) All demands approved by the proper board, commission or officers shall be presented to the city's finance directorchief financial officer, who shall examine the same; and if the amount thereof is legally due and there remains on the books an unexhausted balance or an appropriation against which the same may be charged, the finance directorchief financial officer shall approve such demand and draw and sign the warrant on the city treasury therefor, payable out of the proper fund.
(B) (1) Objections of the finance directorchief financial officer to any demand may be overruled by the city council, and the finance directorchief financial officer shall thereupon draw the warrant as directed by the city council.
(2) Such warrants, when presented to the assistant city treasurer, shall be paid by the finance directorchief financial officer out of the fund therein designated if there be sufficient money in such fund for that purpose.
(3) A warrant not paid for lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor. (C) The finance directorchief financial officer shall draw warrants for payment of municipal or other bonds payable out of funds in the treasury upon presentation and surrender of the proper bonds and coupons, without approval of any body or officer.” Part 11. Section 2-180(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) The department director or designee may authorize payment of a claim for refund of a fee or charge if he/shethe department director or designee determines that the fee or charge was overpaid or that the service, license or permit for which the fee or charge was paid was not received or used.”
Part 12. Section 2-212(A) of the Oxnard City Code is hereby amended to read as follows:
331
“(A) The city council hereby adopts Oxnard police department Policy Manual Section 708 (the “policy”) which shall govern the use of military equipment by the Oxnard police department.

The policy may be amended by the police chief or his/her the police chief’s designee, subject to city council approval.”
Part 13. Section 2-224(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that he or she the person may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood English.” Part 14. Section 3-3(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) The provisions of the competitive service system shall apply to all appointive officers and employees. Members of the noncompetitive service shall include all the elected officers, the city manager, assistant city manager, deputy city manager, the city attorney, chief assistant city attorney, assistant city attorney, deputy city attorney, department directors, all appointees on boards, commissions, and committees, all part-time employees, all employees paid on an hourly or per diem wage, and seasonal employees.”
Part 15. Section 3-36 of the Oxnard City Code is hereby amended to read as follows:
“The purpose of this article is to implement Cal. Gov't Code, Sections 3500 et seq., captioned “Public Employee OrganizationLocal Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for resolving disputes regarding wages, hours and other terms and conditions of employment.”
Part 16. Section 3-62 of the Oxnard City Code is hereby amended to read as follows:
“The purpose of this article is to implement Cal. Gov't Code, Sections 3500 et seq., captioned “Public Employee OrganizationLocal Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations, except the police and fire appropriate units, and for resolving disputes regarding wages, hours and other terms and conditions of employment of “clerical,” “blue collar” and “miscellaneous” employees.”
Part 17. Section 5-2(A)(4) of the Oxnard City Code is hereby amended to read as follows:
“(4) Threatening behavior by an animal toward any person that occurs in such circumstances as to cause such person reasonably to fear for his/herthe person’s physical safety unless the person who, at the time of the animal's threatening behavior, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal”
332
Part 18. Section 6-2(D) of the Oxnard City Code is hereby amended to read as follows:
“(D) EMERGENCY - Local emergency, state of emergency or state of war emergency, depending of on the context.”
Part 19. Section 6-2(I) of the Oxnard City Code is hereby amended to read as follows:
“(I) LOCAL EMERGENCY - The actual or threatened existence of conditions of disaster or of extreme peril to the safely of persons and property within the city caused by such conditions as air pollution, fire, flood, tsunami, storm, pandemic, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the warning by the governor of the State of an earthquake or volcanic eruption, an earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but not including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other public agencies to combat.”
Part 20. Section 6-4 of the Oxnard City Code is hereby amended to read as follows:
“After a local emergency is proclaimed by the city council or the director, the city council shall review, at least every 30 60 days until the local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.”
Part 21. Section 6-8(A)(2) of the Oxnard City Code is hereby amended to follows:
“(2) Do any act forbidden by any rule, regulation, order or directive issued pursuant to this chapter, including violation of any curfew so established. However, an affirmative defense to violation of such a curfew shall be that the person charged was traveling to or from work or school, was un-housed homeless, or was seeking medical treatment.” Part 22. Section 7-9(B) of the Oxnard City Code is hereby amended to follows:
“(B) The property owner shall first present evidence to justify his or herthe property owner’s failure to comply with the notice to abate nuisance. Thereafter, a representative of the city may present evidence. The burden of proof to justify noncompliance with the notice to abate nuisance is on the property owner.”
Part 23. Section 7-72(E) of the Oxnard City Code is hereby amended to follows:
“(E) In the sidewalk abutting his or herthe minor’s residence or abutting the residence of a nextdoor neighbor if the neighbor did not complain to the city about the minor's presence;” Part 24. Section 7-86(A) of the Oxnard City Code is hereby amended to follows:
333
“(A) It shall be unlawful for any person to have in his or her possession possess any adhesive sticker, etching tool, indelible marker, paint stick, or graffiti stick while in or upon any public facility, park, playground, swimming pool, beach, recreational facility, or other public building owned or operated by the city where signs forbidding such possession without valid authorization are displayed in a reasonable location or locations.” Part 25. Section 11-45(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) A person, institution, or organization exempted by section 11-9 from some of the requirements of this chapter is not exempt from the requirement to provide the collector with a current public health permit issued to the person, institution or organization by the county pursuant to Cal. Health and Safety Code, Section 113923114387. The permit shall be presented to the collector before the person, institution or organization engages in peddling food anywhere in the city.”
Part 26. Section 11-70.1(D) of the Oxnard City Code is hereby amended to read as follows:
“(D) A person whose request to submit an application without paying a fee or surcharge is denied by the alarm administrator may file with the alarm administrator a notice of appeal, stating the reasons why the applicant is entitled to file such application without paying the fee or surcharge. The notice of appeal shall be accompanied by the appeal fee set by resolution of the city council. The appeal procedure is provided in section 11-70.4, excluding subsection (D) thereof. Instead of the procedure provided in subsection 11-70.4(D), the appellant shall first present evidence, by written statement or otherwise, that he or shethe applicant is entitled to exemption from the fee or surcharge, and the alarm administrator may then present evidence that the appellant is not entitled to exemption.”
Part 27. Section 11-381(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) In addition to any other penalty authorized by law, a tobacco retailer permit may be suspended or revoked by the collector, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, for failure of the permittee, or any of the permittee’s agents or employees, to comply with applicable local, State, or federal rules, regulations, or laws concerning tobacco retailing, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.”
Part 28. The Title of Chapter 13 of the Oxnard City Code is hereby amended to read as follows:
“CHAPTER 13: TAXATIONASSESSMENTS, FEES AND TAXES”
Part 29. Section 14-106(J) of the Oxnard City Code is hereby amended to read as follows:
334
“(J) A responsible person may refuse consent to an inspection conducted by the code official.

If consent is refused, the code official may seek an administrative search inspection warrant pursuant to Cal. Code of Civil Procedure, Sections 1822.50 et seq.” Part 30. Section 16-10(A)(69) is hereby added to the Oxnard City Code to read as follows:
“(69) HOTEL HOSPITAL - A health facility having a duly constituted governing body with overall administrative and professional responsibility and having an organized medical staff which provides 24-hour inpatient care including one or more of the following basic services:
medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, dietary services, or psychiatric care and treatment.”
Part 31. Section 15-11(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) Neither a tentative parcel map nor parcel map shall be required in the situations described in Cal. Gov't Code, Section 66428, Subsection (a), Subdivisions (1) and (2); provided, however, that a parcel map shall be required in a situation described in Cal. Gov't Code, Section 66428, Subsection (a), Subdivision (2) and if the decision-making body finds, based on facts in the record, that public policy necessitates a parcel map.”
Part 32. Section 15-267(D) of the Oxnard City Code is hereby amended to read as follows:
“(D) If any lot to be merged was not created in compliance with applicable laws and ordinances in effect at the time of the lot's creation, the application shall be heard by the commission, which may impose on the granting of the application whatever conditions the commission could impose on the issuance of a conditional certificate of compliance pursuant to Cal. Gov't Code, Section 66499.36 Subdivision (B) with respect to such illegally created lot. If one or more of the lots to be merged in is nonconforming at the time of application, the application may be approved if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.”
Part 33. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one of more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

Part 34. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
335
Part 35. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation, published and circulated in the City.

Ordinance No. was first read on _______________________________, 2023, and finally adopted on _______________________________, 2023, to become effective thirty days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
336

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING VARIOUS SECTIONS OF THE OXNARD CITY CODE TO

ADDRESS CHANGES IN STATE LAW, CORRECT ERRORS, AND UPDATE

GENDER-NEUTRAL REFERENCES
WHEREAS, the Oxnard City Code (“OCC”) needs to be reviewed and amended periodically to address changes in state law, and correct clerical errors; and WHEREAS, this omnibus code cleanup is not intended to be a comprehensive or substantive update to the OCC; and
WHEREAS, this omnibus code cleanup is meant to make relatively minor changes to maintain the OCC.

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

Part 1. Section 1-20 of the Oxnard City Code is hereby amended to read as follows:
“The city council hereby declares that in order to ensure that the residents of the city are given an administrative review opportunity, the following hearing procedures, sections 1- 21 through 1-25, are adopted which shall be complied with prior to termination of utility services by the city for nonpayment of bills by customers.”
Part 2. Section 2-1.1(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The following city council committees shall consist of three city council members per committee, appointed by the mayor and approved by at least four city councilmembers:
(1) The finance and governance committee;
(2) The public works and transportation committee;
(3) The community services, public safety, housing & economic development committee.”

Part 3. Section 2-36(C) of the Oxnard City Code is hereby amended to read as follows:
“(C) A commissioner may be reappointed by the mayor, with the approval of the city council.

However, no member of the commission may be appointed to serve more than two consecutive terms. This provision applies prospectively to all commissions. If a member serves less than half of a term, that member shall be eligible to serve two full consecutive terms thereafter.” Part 4. Section 2-39(A) of the Oxnard City Code is hereby amended to read as follows:
337
“(A) Each commission shall follow Robert’s Rules of Order.” Part 5. Section 2-96(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The commission shall consist of seven members. Members of the commission shall serve and may be removed and replaced at the pleasure of the city council. Members shall serve without compensation, shall reside in the city, and shall be at least 18 years of age.” Part 6. Section 2-136 of the Oxnard City Code is hereby amended to read as follows:
(B) The terms used in subsection (A) shall be defined as follows:
(1) “City employee designated herein” shall mean any city officer or employee in any of the following classifications:
(a) City council member;
(b) City manager;
(c) Assistant city manager;
(d) Deputy city manager;
(e) City attorney;
(f) Assistant city attorney;
(g) Chief assistant city attorney;
(h) Deputy city attorney;
(i) Development services director;
(j) Community development director;
(k) City planner;
(l) Principal planner;
(m) Building official;
(n) Plan check engineer;
(o) Supervising building inspector;
(p) Code enforcement official;
(q) Chief financial officer;
(r) Housing director;
(s) Public works director.

Part 7. Section 2-177 of the Oxnard City Code is hereby amended to read as follows:
“The chief financial officer shall file with the city clerk a bond covering the faithful performance of the chief financial officer’s duties, in the penal sum of not less than $20,000. The bond shall conform to the provisions of Chapter 3, Division 4, Title 1 of the Cal. Gov't Code. The premium on the bond shall be paid by the city.”
Part 8. Section 2-180 of the Oxnard City Code is hereby amended to read as follows:
“After the end of each fiscal year, the chief financial officer shall cause an audit of the city's financial reports for the previous fiscal year to be prepared promptly by a certified public accountant. Within a reasonable time, the chief financial officer shall present the audit to the city council at a public meeting.”
338
Part 9. Section 2-184 of the Oxnard City Code is hereby amended to read as follows:
“The chief financial officer shall prepare a written form of demand and proposed check for each approved invoice and claim. Supporting documents such as the purchase order, and invoice or claim for payment shall be attached thereto. Demands shall be individually audited by the chief financial officer or designee, who shall certify as to the accuracy of each demand and the availability of funds for payment thereof. Such demands may be in the form of check-warrants and when approved by all officers as required by this code, shall be delivered to the assistant city treasurer. The assistant city treasurer shall subscribe a direction to the depository of funds to pay the funds to the order of the payee, which action shall convert the warrant, or demand, to a bona fide check.”
Part 10. Section 2-186 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-186. APPROVAL OF WARRANTS BY DIRECTOR OF FINANCE; REGISTERED WARRANTS; PAYMENT OF BONDS AND COUPONS.
(A) All demands approved by the proper board, commission or officers shall be presented to the city's chief financial officer, who shall examine the same; and if the amount thereof is legally due and there remains on the books an unexhausted balance or an appropriation against which the same may be charged, the chief financial officer shall approve such demand and draw and sign the warrant on the city treasury therefor, payable out of the proper fund. (B) (1) Objections of the chief financial officer to any demand may be overruled by the city council, and the chief financial officer shall thereupon draw the warrant as directed by the city council.
(2) Such warrants, when presented to the assistant city treasurer, shall be paid by the chief financial officer out of the fund therein designated if there be sufficient money in such fund for that purpose.
(3) A warrant not paid for lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor. (C) The chief financial officer shall draw warrants for payment of municipal or other bonds payable out of funds in the treasury upon presentation and surrender of the proper bonds and coupons, without approval of any body or officer.”
Part 11. Section 2-180(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) The department director or designee may authorize payment of a claim for refund of a fee or charge if the department director or designee determines that the fee or charge was overpaid or that the service, license or permit for which the fee or charge was paid was not received or used.” Part 12. Section 2-212(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The city council hereby adopts Oxnard police department Policy Manual Section 708 (the “policy”) which shall govern the use of military equipment by the Oxnard police department. 339
The policy may be amended by the police chief or the police chief’s designee, subject to city council approval.”
Part 13. Section 2-224(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that the person may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood English.” Part 14. Section 3-3(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) The provisions of the competitive service system shall apply to all appointive officers and employees. Members of the noncompetitive service shall include all the elected officers, the city manager, assistant city manager, deputy city manager, the city attorney, chief assistant city attorney, assistant city attorney, deputy city attorney, department directors, all appointees on boards, commissions, and committees, all part-time employees, all employees paid on an hourly or per diem wage, and seasonal employees.”
Part 15. Section 3-36 of the Oxnard City Code is hereby amended to read as follows:
“The purpose of this article is to implement Cal. Gov't Code, Sections 3500 et seq., captioned “Local Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for resolving disputes regarding wages, hours and other terms and conditions of employment.” Part 16. Section 3-62 of the Oxnard City Code is hereby amended to read as follows:
“The purpose of this article is to implement Cal. Gov't Code, Sections 3500 et seq., captioned “Local Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations, except the police and fire appropriate units, and for resolving disputes regarding wages, hours and other terms and conditions of employment of “clerical,” “blue collar” and “miscellaneous” employees.”
Part 17. Section 5-2(A)(4) of the Oxnard City Code is hereby amended to read as follows:
“(4) Threatening behavior by an animal toward any person that occurs in such circumstances as to cause such person reasonably to fear for the person’s physical safety unless the person who, at the time of the animal's threatening behavior, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal”
Part 18. Section 6-2(D) of the Oxnard City Code is hereby amended to read as follows:
340
“(D) EMERGENCY - Local emergency, state of emergency or state of war emergency, depending on the context.”
Part 19. Section 6-2(I) of the Oxnard City Code is hereby amended to read as follows:
“(I) LOCAL EMERGENCY - The actual or threatened existence of conditions of disaster or of extreme peril to the safely of persons and property within the city caused by such conditions as air pollution, fire, flood, tsunami, storm, pandemic, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the warning by the governor of the State of an earthquake or volcanic eruption, an earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but not including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other public agencies to combat.”
Part 20. Section 6-4 of the Oxnard City Code is hereby amended to read as follows:
“After a local emergency is proclaimed by the city council or the director, the city council shall review, at least every 60 days until the local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.”
Part 21. Section 6-8(A)(2) of the Oxnard City Code is hereby amended to follows:
“(2) Do any act forbidden by any rule, regulation, order or directive issued pursuant to this chapter, including violation of any curfew so established. However, an affirmative defense to violation of such a curfew shall be that the person charged was traveling to or from work or school, was un-housed, or was seeking medical treatment.” Part 22. Section 7-9(B) of the Oxnard City Code is hereby amended to follows:
“(B) The property owner shall first present evidence to justify the property owner’s failure to comply with the notice to abate nuisance. Thereafter, a representative of the city may present evidence. The burden of proof to justify noncompliance with the notice to abate nuisance is on the property owner.”
Part 23. Section 7-72(E) of the Oxnard City Code is hereby amended to follows:
“(E) In the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the city about the minor's presence;” Part 24. Section 7-86(A) of the Oxnard City Code is hereby amended to follows:
“(A) It shall be unlawful for any person to possess any adhesive sticker, etching tool, indelible marker, paint stick, or graffiti stick while in or upon any public facility, park, playground, swimming pool, beach, recreational facility, or other public building owned or operated by the 341
city where signs forbidding such possession without valid authorization are displayed in a reasonable location or locations.”
Part 25. Section 11-45(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) A person, institution, or organization exempted by section 11-9 from some of the requirements of this chapter is not exempt from the requirement to provide the collector with a current public health permit issued to the person, institution or organization by the county pursuant to Cal. Health and Safety Code, Section 114387. The permit shall be presented to the collector before the person, institution or organization engages in peddling food anywhere in the city.”
Part 26. Section 11-70.1(D) of the Oxnard City Code is hereby amended to read as follows:
“(D) A person whose request to submit an application without paying a fee or surcharge is denied by the alarm administrator may file with the alarm administrator a notice of appeal, stating the reasons why the applicant is entitled to file such application without paying the fee or surcharge. The notice of appeal shall be accompanied by the appeal fee set by resolution of the city council. The appeal procedure is provided in section 11-70.4, excluding subsection (D) thereof. Instead of the procedure provided in subsection 11-70.4(D), the appellant shall first present evidence, by written statement or otherwise, that the applicant is entitled to exemption from the fee or surcharge, and the alarm administrator may then present evidence that the appellant is not entitled to exemption.”
Part 27. Section 11-381(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) In addition to any other penalty authorized by law, a tobacco retailer permit may be suspended or revoked by the collector, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, for failure of the permittee, or any of the permittee’s agents or employees, to comply with applicable local, State, or federal rules, regulations, or laws concerning tobacco retailing, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.”
Part 28. The Title of Chapter 13 of the Oxnard City Code is hereby amended to read as follows:
“CHAPTER 13: ASSESSMENTS, FEES AND TAXES”
Part 29. Section 14-106(J) of the Oxnard City Code is hereby amended to read as follows:
“(J) A responsible person may refuse consent to an inspection conducted by the code official.

If consent is refused, the code official may seek an administrative inspection warrant pursuant to Cal. Code of Civil Procedure, Sections 1822.50 et seq.” Part 30. Section 16-10(A)(69) is hereby added to the Oxnard City Code to read as follows:
342
“(69) HOSPITAL - A health facility having a duly constituted governing body with overall administrative and professional responsibility and having an organized medical staff which provides 24-hour inpatient care including one or more of the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, dietary services, or psychiatric care and treatment.”
Part 31. Section 15-11(B) of the Oxnard City Code is hereby amended to read as follows:
“(B) Neither a tentative parcel map nor parcel map shall be required in the situations described in Cal. Gov't Code, Section 66428, Subsection (a), Subdivisions (1) and (2); provided, however, that a parcel map shall be required in a situation described in Cal. Gov't Code, Section 66428, Subsection (a), Subdivision (2) if the decision-making body finds, based on facts in the record, that public policy necessitates a parcel map.”
Part 32. Section 15-267(D) of the Oxnard City Code is hereby amended to read as follows:
“(D) If any lot to be merged was not created in compliance with applicable laws and ordinances in effect at the time of the lot's creation, the application shall be heard by the commission, which may impose on the granting of the application whatever conditions the commission could impose on the issuance of a conditional certificate of compliance pursuant to Cal. Gov't Code, Section 66499.36 Subdivision (B) with respect to such illegally created lot. If one or more of the lots to be merged is nonconforming at the time of application, the application may be approved if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.”
Part 33. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one of more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

Part 34. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 35. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation, published and circulated in the City.

Ordinance No. was first read on _______________________________, 2023, and finally adopted on _______________________________, 2023, to become effective thirty days thereafter.
343
AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
344
Omnibus City Code Update
City Council
September 5, 2023
Jason Zaragoza, Deputy City Attorney
345
That the City Council approve the introduction and first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

OXNARD AMENDING VARIOUS SECTIONS OF THE OXNARD CITY

CODE TO ADDRESS CHANGES IN STATE LAW, CORRECT
ERRORS, AND UPDATE GENDER-NEUTRAL REFERENCES."
RECOMMENDATION 2
346
On March 10, 1962, the Oxnard City Council adopted Ordinance No. 872, adopting the Oxnard City Code ("OCC"). Over the years, the OCC has been amended many times to address clerical errors and updates to legal citations. The ordinance before the Committee, proposes non-substantive changes to address changes in state law, corrects minor errors and updates gender-neutral references.

BACKGROUND 3
347
The proposed changes to the OCC include, but are not limited to, the following:
• Updating the names of the City Council committees;
• Clarifying that commissioners of the City's CAGs are appointed by the Mayor with the approval of the City Council;
• Changing references from Rosenberg's Rules of Order to Robert's Rules of Order; • Updating the code to include changes in City employee titles (Chief Assistant City Attorney, Chief Financial Officer);
• Updating gender-neutral language;
• Modifying the number of days for which the City Council must reconsider a local emergency from 30 days to 60 days;
• Updating state law references; and
• Modifying chapter titles.

PROPOSED CHANGES 4
348

QUESTIONS
5 349

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: September 5, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Draft Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement A-8537. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to sign, once finalized, the Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement (Agreement) with the County of Ventura, the Ventura County Watershed Protection District, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks.
(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/hsCCDxXgrNQ

BACKGROUND
Municipal Separate Storm Sewer System (MS4)
A Municipal Separate Storm Sewer System (MS4) is a collection of structures, including ditches, roadside inlets and underground pipes, designed to gather stormwater from developed areas and discharge it into local streams, rivers and the ocean. Watersheds are land areas that channel rainfall and snowmelt to creeks, streams, and rivers and outflow points to the ocean. “Municipal" refers to the local government responsible for the administration of the developed areas that cover the MS4’s areas. The City of Oxnard is responsible for maintaining most of the MS4 in its areas of jurisdiction. The County has some MS4 facilities within the City’s boundaries, mostly regional storm drain facilities, which they are responsible for.

National Pollutant Discharge Elimination System (NPDES) Permit NPDES is a permit based system that regulates the discharges of pollutants from MS4’s into Waters of the United States (WOTUS). NPDES was created by the 1972 Clean Water Act and prohibits MS4 responsible agencies from discharging into WOTUS unless they have a NPDES Permit. The NPDES Permit contains limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not impair water quality or people's health. The California’s State Water Resources Control Board oversees the NPDES program and the Los Angeles Regional Water Quality Control Board (Regional Board) administers NPDES permits and enforces regulations.

Consolidated NPDES Permit
Historically, each responsible party that owned and operated an MS4 that discharged stormwater and urban runoff into WOTUS, held their own individual NPDES Permit.

In 1992, the individual Ventura County MS4 jurisdictions consisting of the County of Ventura, Ventura County 350
Watershed Protection District, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks (Parties) jointly filed and received a joint NPDES Permit with the Regional Board.

On September 11, 2021, Regional Board Order No. R4-2021-0105 became the current MS4 NPDES permit. The MS4 NPDES permit covers Ventura and Los Angeles Counties and all the incorporated cities therein and supersedes the previous permit. It also designated the individual MS4 Parties listed above as Co-Permittees for the various Ventura County Watersheds.

Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement Since 1992, the Parties have entered into a series of agreements to manage the joint NPDES Permit. The Agreements set forth signatories responsibilities to develop, implement, and fund the Implementation Agreement to manage the Ventura Countywide Stormwater Quality Management Program (VCSQMP). The VCSQMP is an integrated stormwater discharge management program to comply with Environmental Protection Agency and Regional Board regulations and permits governing their MS4s and stormwater discharges and protecting and improving surface water quality in Ventura County.

The current Implementation Agreement expires on September 11, 2023.

Attachment 1 contains the new Draft Final Agreement that will replace the current agreement. It is a draft because it will not be final until approved by the Ventura County Board of Supervisors at their September 12, 2023, meeting. Once approved, the new agreement will end September 11, 2027, one year after the current MS4 NPDES Permit expires on September 11, 2026.

DISCUSSION
Many decisions and actions are required of the Co-Permittees in the first 30 months following the NPDES Permit effective date of September 11, 2021. Some key actions among them were deciding whether to implement a Watershed Management Program (WMP), coordination on a Monitoring Program, and filing the corresponding Notices of Intent.

Many of the other requirements are essentially the same as the ones listed in the previous Permit.

To comply with the new NPDES Permit, the County and cities embarked on the development of a draft WMP. As part of this process, the Ventura County MS4 Management Committee selected a consultant (Craftwater) to facilitate the development and approval of the WMP. The WMP is to be submitted to the Regional Board by September 11, 2023, along with a Monitoring Program. Attachment 2 contains a map that shows the watersheds in Ventura County.

The WMP is a combination of rigorous data analysis and modeling, technical engineering, and robust stakeholder coordination to provide a clear pathway towards compliance with MS4 permittees’ requirements for improved stormwater quality.

City staff have been working closely with the Co-Permittees on a common approach for compliance. The proposed multiparty approach provides cost savings, access to subject matter expertise, and regional cooperation. As such, staff recommends approving Agreement A-8537.

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
Current MS4 compliance strategies include minimum control measures (MCM’s) such as street sweeping, low impact development (LID) required by new private developments, and trash capture through stormwater catch basin trash excluders. Current funding for the City’s program consists of the Countywide Benefit Assessment (BA) program and the City’s General Fund. The current annual cost of participating in the VCSQMP is between $300,000 - $400,000 per year, which is covered by a portion of the BA collected by the County. In addition to this program, the City has a specific Stormwater budget (Fund 114) that covers the annual costs of the stormwater program the City provides. 351
The Agreement does not include specific cost information. As part of the WMP conducted by Craftwater, potential pollution control measures were identified in each watershed to meet NPDES discharge requirements. The cost estimations at this time are rough order magnitude (ROM) estimates and are not meant to provide a set minimum or maximum amount. The estimated costs will become more accurate after the Regional Board reviews and approves the WMP. The true cost of implementing the programs and projects will be known after the specific programs and projects are confirmed. Staff will then return to Council with actual financial impacts and potential budget appropriation requests.

Future cost projections, above what the City currently budgets in a Fiscal Year, for the new permit and WMP implementation (if accepted by the Regional Board as submitted), are estimated to be between $939,000 - $1,659,000 per year for enhanced management, operation and maintenance, and source contamination investigations (see table below). Additionally, there may be one-time costs to construct improvements necessary to meet Permit requirements (e.g. retention/detention basins). The current one-time ROM cost estimate is nearly $5M for the City.

The following table contains a breakdown of ROM cost estimates by watershed:

Watershed City Estimated Annual
Contributions
City One-Time
Payments
Calleguas Creek $421,000-$625,000 $4,782,000
Santa Clara River $158,000-$314,000 $0
Ventura County
Coastal $360,000-$720,000 $0
Total $939,000-$1,659,000 $4,782,000
Because it is anticipated that the cost of the current and future program costs will increase, the Agreement states that the Parties will work to identify and evaluate programs and opportunities to secure additional funding to implement programs and projects to satisfy their individual and collective compliance obligations under the Permit.

Because the estimated annual contributions listed above are projected future costs, there is no specific fiscal impact to approving this Agreement. Staff will return to Council at a future date when final costs are determined and with a request for a budget appropriation from the General Fund to consider for approval.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Jan Hauser, Wastewater Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. DRAFT FINAL Agreement A-8537

2. VC Regional Wwatershed Map

3. Presentation
352