MINUTES
OXNARD CITY COUNCIL
Regular Meeting
September 19, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:31 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. Dee Lai, 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 Valenzuela Zavala arrived at 5:02 p.m. Councilwoman Basua arrived at 5:33 p.m.
Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.
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
No public comments were received.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Roberto Gonzalez v. City of Oxnard
Workers' Compensation Case Nos. ADJ8859935
Legislative Body: Oxnard Housing Authority
There was insufficient quorum to go to closed session at the 4:30 p.m. scheduled time. At the conclusion of agenda item N.3, at 8:21 p.m., the City Council recessed into a closed session. At 8:43 p.m., the City Council reconvened in an open session in the Council Chambers. Ken Rozell, Assistant City Attorney, announced that no reportable actions resulted from the closed session on item C.1.
D. APPOINTMENT ITEMS (5:00 PM)
1. Cultural & Community Services Department
SUBJECT: Reinventing the Library
RECOMMENDATION: That the City Council receive a report on Reinventing the Oxnard Library System
Rence Rakestraw, Cultural & Community Services Assistant Director provided a report on the Oxnard Library System. No public comments were received. Discussion ensued among the council and staff.
E. OPENING CEREMONIES (6:00 PM)
Mayor Pro Tem MacDonald led the pledge of allegiance.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Week of September 17 - 23, 2023 as "Constitution Week."
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Mayor Zaragoza read the Proclamation and delivered it to Ken Rozell, Assistant City Attorney.
2. SUBJECT: Presentation of a Commendation to El Rio 12U All Stars for winning the 2023 12U Western B National Championship.
Mayor Zaragoza read the Commendation and delivered it to the El Rio 12U All Stars team. The El Rio 12U All Stars team joined the Council on the dais to accept the Commendation, thanked the Council, and spoke briefly.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Maria Guadalupe Diaz, Yolanda and Mario Castillo, Carolina Magana, Daniel Juarez, Dulce Tapis, Sofia Vega, and Yanet Maravilla, H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Dernographics.
RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics as compared with other cities in the region.
Alex Nguyen, City Manager, provided community updates.
Michael Wolfe, Public Works Director, spoked about the city's infrastructure.
No public comments were received.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.
Public comment was received from Deirdre Frank.
J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.4 were discussed among the Council and staff.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.
L. INFORMATION/CONSENT AGENDA
1. Housing Department
SUBJECT: Accessibility Remodel Project at Fashion Park and Concord Sites.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize execution of the following firm-fixed price contracts:
1. Agreement number A-8532 in the amount of $1,832,249.88 with MDJ Management using funds previously appropriated from the 2023 Capital Fund grant for Section 504 compliance with the American Disabilities Act for properties located at 234 Fashion Park Place, 251 Fashion Park Place, and 257 Fashion Park Place.
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2. Agreement number A- 8533 in the amount of $1,221,499.92 with MDJ Management using funds previously appropriated from the 2022 Capital Fund grant for Section 504 compliance with the American Disabilities Act for properties located at 2950 Concord Drive and 2956 Concord Drive.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on July 25, 2023 to approve the staff recommendation and to forward the item for Council approval.)
2. Housing Department
SUBJECT: Second Amendment to Agreement 9292-21-HO for Security Services.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize the execution of a Second Amendment to Agreement 9292-21-HO with Alitech Industries, Inc. in the amount of $99,250.80 for a total agreement value of $302,649.12 using funds from the Low Rent Public Housing Operating Funds budget and Housing Choice Voucher Administrative Fees budget.
(This item did not originate in Committee. The terms of the original agreement were considered by Board of Commissioners on September 7, 2021.)
3. City Attorney Department
SUBJECT: Omnibus City Code Update
RECOMMENDATION: That the City Council adopt an Ordinance 3031 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)
4. Housing Department
SUBJECT: Encampment Resolution Grant. (10 minutes)
RECOMMENDATION: That the City Council:
1. Find that there is a need to take immediate action on the following item and that the need for action came to the attention of City staff subsequent to this agenda being posted (2/3 vote required); and
If the City Council makes this finding, that the City Council:
2. Approve receipt of an Encampment Resolution Fund grant from the State of California in the amount of $4,015,638.88 to respond to the continuing need at the homeless encampments located on McWane Boulevard and at Fifth Street east of Harbor Boulevard;
3. Authorize the City Manager, or designee, to execute the Standard Agreement and corresponding documents with the State of California for the receipt and use of the Encampment Resolution Fund grant;
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4. Approve and authorize the City Manager, or designee, to execute an agreement with the County of Ventura and the Ventura County Continuum of Care for partnership with delivery of encampment response in an amount not to exceed $663,448.26;
5. Approve and authorize the City Manager, or designee, to execute a Consultant Professional Services agreement with LeSar Support Services for grant administration in an amount not to exceed $90,000 for one year, with the option to extend the agreement for up to four additional one-year terms; and
6. Authorize the City Manager, or designee, to approve budget appropriations for the use of grant funds.
(This item did not originate in Committee.)
Consent Items L.1 - L.4
Mayor Pro Tem MacDonald requested, and Councilwoman Basua seconded, that staff from the Police Department and the City Attorney's Department evaluate the Homelessness Ordinance and report back to Council with recommendations on a future agenda.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilwoman Basua, to approve the recommended action with a change to Omnibus City Code Update part 6 to read Section 2-136(b), rather than Section 2-136.
VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.
M. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: Continuance of Noticed Public Hearing to Date Certain.
RECOMMENDATION: That the City Council continue the noticed public hearing on Planning & Zoning (PZ) Permit No. 23-580-02 (Zoning Text Amendments (ZTA) to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries and creation of indoor commercial cannabis cultivation regulations) to the October 3, 2023 Council Meeting.
It was moved by Councilwoman 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.
N. REPORTS
1. Public Works Department
SUBJECT: County of Ventura Funding Agreement A-8534 for Channel Islands Harbor Water Quality Remediation. (10 minutes)
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a funding Agreement with the County of Ventura,
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wherein the County shall pay an amount not to exceed $1,300,000 to the City for portions of water quality expenses in Channel Islands Harbor; and
2. Recognize the $1,300,000 funding as a contribution from the County to the General Fund (101), and therefrom appropriate $300,000 to ARPA Harbor Quality Feasibility Project (G2232) and $1,000,000 to the ARPA Harbor Water Quality Mitigation Project (M2211).
This item did not originate in Committee as it is a project previously approved by the City Council through the ARPA project selection process.
Michael Wolfe, Public Works Director, was available to answer questions. A public comment was received from Stephanie (last name unknown). Discussion ensued among the council and staff.
Prior to consideration of this item, Councilmember Teran recused himself and announced his conflict due to his professional relationship with the County of Ventura.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Teran was recused
2. Public Works Department
SUBJECT: Second Amendment to Trade Services Agreement A-8230 with Sweeping Corporation of America of California for Citywide Street Sweeping Services. (10 minutes) RECOMMENDATION: That the City Council approve and authorize:
1. The Mayor to execute a Second Amendment to an Agreement with Sweeping Corporation of America of California (SCA) for citywide street sweeping services, alleyways, parking lots, parking structures and city facilities; extending the term for nine (9) months from October 1, 2023 to June 30, 2024 and increasing the contract total by $2,050,000 for a new contract total not to exceed: $3,850,000 to comply with new State of California mandate for prevailing wage; and
2. A budget appropriation request in the amount of $1,292,312 from the General Fund (101) available fund balance for the Public Works Department for this Amendment in FY 2023-24. (This is a continuation of an agreement that originated in Committee on September 8, 2020, and was approved by Council on October 6, 2020)
Brian Yanez, Assistant Public Works Director, was available to answer questions. No public comments were received. Discussion ensued among the council and staff.
It was moved by Councilmember Teran, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.
3. 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. (10 minutes)
RECOMMENDATION: That the City Council:
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1. Adopt a Resolution No. 15,742 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 did not originate in Committee as it is a project previously approved by the City Council through the ARPA project selection process.
Alex Nguyen, City Manager was available to answer questions. No public comments were received.
Discussion ensued among the council and staff.
Prior to consideration of this item, Councilmember Teran recused himself and announced his conflict due to his professional relationship with the County of Ventura.
It was moved by Mayor Zaragoza, seconded by Councilwoman Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Teran was recused.
O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:43 p.m.
Dinn
DEE LAI The Says
Assistant City Clerk