Agenda packet — Oxnard City Council, November 21, 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 November 21, 2023
Closed Session - 4:45 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM

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IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 2

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

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

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

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

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

A. ROLL CALL, POSTING OF AGENDA

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

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 (4:45 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)).

Name of case: City of Camden, et al. v. 3M Company United States District Court Case No. 2:23-cv-03147-RMG
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)).

Name of case: City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al. United States District Court
Case No. 2:23-cv-03230-RMG
Legislative Body: City Council

D. APPOINTMENT ITEMS (5:30 PM)

1. City Manager Department
SUBJECT: Ventura County Civic Alliance State of the Region Report. (30 minutes) RECOMMENDATION: That the City Council receive the State of Region Report from the Ventura Civic Alliance.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
E. OPENING CEREMONIES (6:00 PM)
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 3

Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of November, 2023 as "Family Caregivers Month."

2. SUBJECT: Presentation of a Proclamation Designating December 1, 2023 as "World AIDS Day."

3. SUBJECT: Special Guest from the North Pole.

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: Homeless Crisis.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion:
putting the State of California's Homeless Crisis in Perspective.

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
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

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1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of October 17, 2023, regular meetings as presented.

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

2. Public Works Department
SUBJECT: Purchase Order with Rush Truck Centers for a Vacuum Truck for the Wastewater Division.

RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Purchase Order with Rush Truck Centers in the amount of $471,762.84 for the purchase of a vacuum truck for the Wastewater Division.

(Public Works and Transportation Committee approved 3-0 on October 24, 2023) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Fire Department
SUBJECT: Authorize reappropriation of budgeted Measure O Funds in the amount of $102,000 to fund the replacement of a breathing air compressor at Fire Station One

RECOMMENDATION: That the City Council approve reappropriating a portion of funds ($102,000) budgeted for grant matches in Fiscal Year 2023-24 Measure O Fund (Fund 104) and the corresponding Capital Outlay Fund (301) to instead, utilize those funds to replace a 20-year-old breathing air compressor used in refilling firefighter self-contained breathing apparatuses (SCBA).

(This item did not originate in Committee.)
Legislative Body: The City Council
Contact: Alexander Hamilton, (805) 385-7700

4. City Attorney Department
SUBJECT: Ordinance of the City Council Prohibiting Single-Use Plastic Foodware

RECOMMENDATION: That the City Council adopt the Ordinance No. 3033 entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single-Use Plastic Foodware."

(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))

(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
M. REPORTS

1. Community Development Department
SUBJECT: Commercial Cannabis Financial Auditing Services Agreement with Avenu Insights & Analytics, LLC (10 minutes).

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a 3-year 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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agreement (with an option for two 1-year extensions) (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.

(The Finance and Governance Committee approved 2-0 (Council member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/qFoNxUzFZ4A
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

2. Community Development Department
SUBJECT: Revision to the Planning Commission Rules and Procedures (Bylaws) (20 minutes)

RECOMMENDATION: That the City Council approve a Resolution adopting proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.

(The Finance & Governance Committee approved 2-0 (Council Member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/YZQEF_GXtXg
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
N. ADJOURNMENT

5 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1

DATE: November 21, 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 October 17, 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. 10 17 2023 Council Minutes

6 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
October 17, 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. 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, Mayor Pro Tem Bryan A.

MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Valenzuela Zavala was absent. Councilwoman Basua arrived at 4:45 p.m.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

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)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in two potential cases.

Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. Rio School District; et al.

Ventura County Superior Court Case No. 56-2023-00575575-CU-WM-VTA Legislative Body: City Council
At 4:32 p.m., the City Council recessed into a closed session. At 5:59 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney, announced that for closed session item C.2, the council approved the settlement entitled City of Oxnard versus Rio School District by a vote of 5-0.

Mayor Zaragoza, Mayor Pro Tem MacDonald, Councilmember Perello, Councilmember Madrigal, and Councilwoman Basua voted in favor. Councilmember Teran recused himself due to his professional working relationship with the school district. Councilmember Valenzuela Zavala was absent. Under the terms of the settlement, the Rio School District will prepare an appropriate supplemental environmental review of its project to expand the Rio Del Valle Middle School under a modified project description, including a requirement that the northern 10-acre parcel remain agricultural for the duration of the existing Save Open Space and agricultural resources restrictions.

D. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance followed by a moment of silence.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2023 as "Domestic Violence Awareness Month."
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Mayor Zaragoza read the Proclamation and delivered it to Dale McAlpine, Police Sergeant. Dale McAlpine and staff joined the Council on the dais to accept the Proclamation, thanked the Council, and spoke briefly.

No public comments were received.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Paul Sanaston, Mechael Wright-Hodges, Gary Davis, and Karla Alejandra.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Local Government Fun Fact: Investments in South Oxnard.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's investments in south Oxnard in recent years.

Alex Nguyen, City Manager, provided summary of investments and projects in South Oxnard.

Public comments were received by Carolina Magana, Sofia Vega, Carlos Quiroz, Manuel Herrera, and Deirdre Frank.

H. 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 Mandy Torres.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K.7 were discussed among the Council and staff.

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of September 19, 2023, regular meetings as presented.

2. Community Development Department

SUBJECT: Adoption of Ord. No. 3032 - 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.

RECOMMENDATION: That the City Council adopt Ordinance No. 3032 amending Chapters 11 and 16 of the Oxnard City Code pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and amending Oxnard City Code Chapters 11 and 16 to allow up to 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 17, 2023 PAGE 3

five (5) indoor cannabis cultivators and eight (8) identified areas in the City where indoor cannabis cultivation is permitted.

(Council and Council Committee provided feedback in 2020 and 2023, respectively. That feedback and the Committee’s 3:0 support of cultivation was incorporated into a draft indoor cultivation ordinance and presented to the Planning Commission for the subject item before the City Council).

3. Public Works Department
SUBJECT: Grant Application Resolution for California Department of Fish and Wildlife Watershed Grants Program.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,747:

1. Authorizing the City Manager or designee to submit a grant application to the California Department of Fish and Wildlife for an amount not to exceed $300,000 (no local match) in Watershed Grants Program Funding for the Perkins Road Area Restoration and 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.)

4. City Manager Department
SUBJECT: Resolution Updating Grant Application Procedures.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,748 updating procedures to submit grant applications.

(The Finance and Governance Committee approved this item by a vote of 3-0 on September 26, 2023)

5. Public Works Department
SUBJECT: Agreement 32400183 with Black Gold Industries for On-Call Citywide Hazardous and Unknown Waste Identification, Collection, and Disposal Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Black Gold Industries for citywide known and unknown hazardous waste identification, collection, and disposal services for a total amount not to exceed $500,000, beginning with a one-year term ending October 17, 2024, with the option for two consecutive one-year extensions. If extended, the final term date will be October 17, 2026.

(Public Works and Transportation Committee approved 3-0)

6. Public Works Department
SUBJECT: Amend Department-Wide Contracts and Blanket Purchase Orders for a Not to Exceed Amount Greater than $200,000 Each.
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RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to amend the following:

1. Contract #32400034 with Amazon.com Services LLC for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2024;

2. Purchase Order #22400103 with Consolidated Electrical Distributors DBA Royal Industrial Solutions for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2024;

3. Contract #32400031 with Famcon Pipe & Supply Inc. for an additional $500,000 for a new not to exceed amount of $700,000 through June 30, 2024;

4. Contract #32400092 with Ferguson Enterprise, LLC for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2024;

5. Contract #32
400048 with W.W. Grainger, Inc. for an additional $250,000 for a new not to exceed amount of $450,000 through June 30, 2024;

6. Contract #32400033 with Hach Company for an additional $135,000 for a new not to exceed amount of $285,000 through June 30, 2024;

7. Contract #32400050 with Home Depot U.S.A., Inc. for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2024;

8. Contract #32400069 with Office Depot, Inc. for an additional $50,000 for a new not to exceed amount of $250,000 through June 30, 2024;

9. Contract #32400045 with Sunbelt Rentals, Inc. for an additional $125,000 for a new not to exceed amount of $325,000 through June 30, 2024;

10. Contract #32400047 with Waxie’s Sanitary Supply, Inc. dba Waxie Sanitary Supply for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2024; and

11. Contract #32400146 with Vista Paint Corporation for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2024.

(Public Works and Transportation Committee approved 3-0)

Consent Items K.1 – K.6

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

L. REPORTS

1. Housing Department
SUBJECT: Approval of the Downtown Oxnard Improvement Association Annual Work Plan and Budget for Fiscal Year 2023-24. (10 minutes)

RECOMMENDATION: That the City Council approve the Downtown Oxnard Improvement Association annual work plan and budget for fiscal year 2023-24.

(This item did not originate in Committee.)

Emilio Ramirez, Housing Director, was available to answer questions. No public comments were received.

Discussion ensued among the council and staff.

It was moved by Councilwoman Basua, seconded by Councilmember Madrigal, to approve the recommended 10 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Valenzuela Zavala was absent.

2. Public Works Department
SUBJECT: Update on the Speed Hump Program (15 minutes)

RECOMMENDATION: That the City Council receive and file an update on the Speed Hump Program to include amendments to the Program’s eligibility criteria as outlined in this staff report.

(This item did not originate in Committee. This is a continuation of an item approved by Council on October 18, 2022.)

Michael Wolfe, Public Works Director, was available to answer questions. Public comment was received from Dan Pinedo. Discussion ensued among the council and staff.

The report was received and file. No action was taken.

3. Public Works Department

SUBJECT: Public Project Agreement 32400201 with Toro Enterprises, Inc. for Etting Road Sidewalk And Bicycle Lane Improvement Project (Rebid), Specification No. PW 21-34R, State Project No. ATPL-5129(098). (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $2,864,373.45 in Project funds for the Etting Road Sidewalk And Bicycle Lane Improvement Project (Rebid), Specification No. PW 21-34R (C2005);

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $2,386,979.45 for the Project;

3. A Project contingency amount of $238,697 (10%) with Toro Enterprises, Inc. for the Project;

4. A Project allocation amount of $238,697 (10%) for engineering, inspection, survey and project management for the Project; and

5. Budget appropriations of $1,000,000 from the Air Pollution Buydown Fee Fund (360) and $411,147 from the Circulation System Improvement Fees Fund (350) available fund balances 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.)

Michael Wolfe, 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 Perello, seconded by Councilwoman Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor ; the
motion passed 6-0. Councilmember Valenzuela Zavala was absent.

4. City Attorney Department
SUBJECT: Resolution of the City Council of the City of Oxnard Adopting a Conflict Policy and Procurement Procedures for Design-Build Projects (15 minutes).

RECOMMENDATION: That the City Council adopt a Resolution No. 15,749 entitled:

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"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,

ADOPTING A CONFLICT POLICY AND PROCUREMENT PROCEDURES TO ALLOW THE

CITY TO USE THE DESIGN-BUILD METHOD FOR CERTAIN ELIGIBLE PUBLIC PROJECTS IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTIONS 22160 THROUGH 22169."

(As of the date of this City Council agenda being posted, there is not yet an outcome from the October 10, 2023 Public Works and Transportation Committee.)

Michelle McCarron, Assistant City Attorney, was available to answer 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, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor ; the
motion passed 6-0. Councilmember Valenzuela Zavala was absent.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:14 p.m.

______________________________ _____________________________ DEE LAI JOHN C. ZARAGOZA Assistant City Clerk Mayor

12 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2

DATE: November 21, 2023

TO: City Council

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

SUBJECT: Purchase Order with Rush Truck Centers for a Vacuum Truck for the Wastewater Division.

RECOMMENDATION

That the City Council approve and authorize the City Manager to execute a Purchase Order with Rush Truck Centers in the amount of $471,762.84 for the purchase of a vacuum truck for the Wastewater Division.

(Public Works and Transportation Committee approved 3-0 on October 24, 2023)

BACKGROUND

The Wastewater Division desires to replace vehicle 3698, a 2003 International model 7400 vacuum truck with over 20 years of use. The truck is equipped with a storage tank and pump sized to pump out deep sewer lift station wet wells and is vital during lift station failures and power outages. In addition to responding to emergencies, the vehicle is also used for vault cleaning, underground utility cleaning, wastewater plant maintenance and sewage spill cleanup.

This type of vehicle requires regular DOT inspections to maintain the certification required to be functionally safe and reliable. The last two annual inspections have shown the tank portion of vehicle 3698 is in need of costly repairs to maintain certification. Furthermore, this vehicle is past its useful life and has required increasingly costly repairs to keep it road-worthy. The vehicle is regularly exposed to harsh environments, which has deteriorated the mechanical components and rendered it unreliable. Vehicle 3698 has reached a point where maintenance costs have escalated significantly. Regular repairs, spare parts, and downtime due to breakdowns puts the Division’s ability to respond promptly to emergencies at risk.

DISCUSSION

The Wastewater Division recommends replacing vehicle 3698 with a 2024 Peterbilt Model 567 Diesel Truck with a Thompson Tank attachment. This vacuum truck is equipped with improved technology and suction capabilities that enable faster and more efficient wastewater operation. Vehicle 3698 lacks these features, resulting in longer operational times and increased labor costs. The reliability of our wastewater operations is critical to maintaining public health and safety. An aging truck is more prone to breakdowns, which can lead to service interruptions and potential health hazards.

Rush Truck Centers is an authorized participating dealer of Peterbilt Motors Company for the California region. The City of Oxnard can take advantage of the Sourcewell cooperative agreement 060920-PMC to receive a 25% discount off the list price for the model 567 truck. The lead time for this purchase is 7 months upon Rush Truck Centers’ receipt of the City’s Purchase Order.

STRATEGIC PRIORITIES

13 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 of this Purchase Order with Rush Truck centers shall not exceed $471,762.84. This purchase was included in the Council-approved FY 2023-24 Wastewater operating budget (Operations Fund 6113615-56040). There are sufficient funds in the account to fund this purchase.

Equipment Account Cost
Vacuum Truck 6113615-56040 $471,762.84

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Quote & Coop Agreement- Vacuum Truck

14 SW0828231013
Date: August 28, 2023
To: City of Oxnard
Address: 6001 Perkins Road. Oxnard, CA 93033
Member ID# : 25781
Name: Miguel Diaz
Email: [email protected]
Phone: (805) 271-2213
Quote Expire: December 31, 2023
Sourcewell: Cont ract # 060920-PMC
YEAR: 2024 TRANS.: Allison 4000 RDS-P
MAKE: Peterbilt R. AXLE: 40K
MODEL: 567 F. AXLE: 20K
Body Type: Thompson Tank Model STN 3000-50000 PINTLE HITCH: None GVWR: 60,000 lbs PUSHER AXLE: None
ENGINE: Cummins X15 ( DIESEL ) Wheels: Aluminum
H/P: 500 hp @ 1850 ft/lbs torque FUEL TANKS: 70 Gal Frame Mounted DŽĚĞůϱϲϳĂďΘŚĂƐƐŝƐ
>ŝƐƚWƌŝĐĞ͗;WĞƌ^ƉĞĐŝĨŝĐĂƚŝŽŶƐŽĨKǆŶĂƌĚͿ $285,341.00 DŽĚĞů^ŽƵƌĐĞǁĞůůŝƐĐŽƵŶƚ͗;^ĞĞWŐ͘ϮͿ Ϯϱ͘ϬϬй -$71,335.25 ƵƐƚŽŵĞƌWƌŝĐĞ $214,005.75
^ŽƵƌĐĞĚ'ŽŽĚƐ
dŚŽŵƉƐŽŶDK
>^dEͲϯϬϬϬͲϱϬϬϬϬsĂĐƵƵŵͲWƌĞƐƐƵƌĞhŶŝƚ $191,961.90
DĂŶƵĂůƐͲ;ƵƐƚŽŵDĂŝŶƚŝŶĂŶĐĞͬWĂƌƚƐŽŽŬͬ
ŶŐŝŶĞͬdƌĂŶƐŵŝƐƐŽŶͿ $1,250.00
ĂďďůŽǁŽƵƚƵǆŝůŝĂƌǇŚŽƐĞ $98.00
dŽƚĂů $193,309.90
ĞĂůĞƌ&ĞĞƐͬ^ĞƌǀŝĐĞƐ
hƉĨŝƚĂŶĚĐĐĞƐƐŽƌŝĞƐWƌŽĚ͘&ůŽŽƌŝŶŐWůĂŶĂƚΨϰϯƉĞƌĚĂǇĨŽƌϭϴϴĚĂǇƐ $8,084.00 ŚĂƐƐŝƐ
ŶŐŝŶĞĞƌŝŶŐ&ƌĂŵĞ>ĂǇŽƵƚ $1,500.00
ĚĚŝƚŝŽŶĂů<ĞǇƐǁŝƚŚ/ĚĞŶƚŝĨŝĐĂƚŝŽŶ;ϱ^ĞƚƐͿ $95.00
tĞŝŐŚƚƐůŝƉĐĞƌƚŝĨŝĐĂƚŝŽŶǁͬƌŽĂĚƚĞƐƚĂŶĚĨƵĞů&ŝůůĞĚĨƵůů $465.10 &ĂĐƚŽƌǇͲŽEŽƚƌŝǀĞ $750.00
YƵĂůŝƚǇ/ŶƐƉĞĐƚŝŽŶƐĞƌǀŝĐĞƌĞƉŽƌƚΘtĂƐŚĚĞƚĂŝů $1,450.00 dƌĂŶƐƉŽƌƚDŽǀĞͲddƚŽEŝǆŽŶ $211.00
dƌĂŶƐƉŽƌƚDŽǀĞͲEŝǆŽŶƚŽZd> $211.00
dƌĂŶƐƉŽƌƚĞůŝǀĞƌǇͲZd>ƚŽKǆŶĂƌĚ $1,000.00
dŽƚĂů $13,766.10
DŽĚĞůϱϲϳĂďΘŚĂƐƐŝƐ $214,005.75
^ŽƵƌĐĞĚŐŽŽĚƐ $193,309.90
ĞĂůĞƌ&ĞĞƐͬ^ĞƌǀŝĐĞƐ $13,766.10
dĂǆĂďůĞ&ĞĞƐ;ŽĐƵŵĞŶƚ&ĞĞ͕ĚŵŝŶ&ĞĞͿ $330.00
$421,411.75
$38,980.59
$33.00
$9,000.00
$2,320.00
$0.00
dŽƚĂů
^ĂůĞƐdĂǆ;ϵ͘ϮϱйͿ
ĚŵŝŶWƌŽĐĞƐƐͲ;>ŝĐĞŶƐĞͬdŝƚůĞͬZĞŐ
ǆĞŵƉƚͬ
ůĞĐƚƌŽŶŝĐ&ŝůŝŶŐͿ
ZĞƋƵŝƌĞĚZ^ƚĂƚĞŽĨZĞŐŝƐƚƌĂƚŝŽŶͲůĞĂŶ^ƚŝĐŬĞƌͲd^ηϮϯͲϲϲ;^ĞĞWŐ͘ϴ Ϳ ZĞƋƵŝƌĞĚtĂƌƌĂŶƚŝĞƐͲZ
ŵŝƐƐŝŽŶƐϱǇƌͬϯϱϬ<DŝůĞƐ
KƉƚŝŽŶĂůtĂƌƌĂŶƚŝĞƐ
dŝƌĞZĞĐǇĐůŝŶŐ&ĞĞ
$17.50
dŽƚĂůWƌŝĐĞ $471,762.84
* 12% Ferderal ExciseTaxes Apply to State/Local Govt who are NOT Exempt * Contact: Jeff Quemada Phone: (626) 905-1799
Diesel Engine with Allison Transmission
2024 Peterbilt 567

DESCRIPTION
Sourcewell Quote Sheet
8830 E. Slauson Ave. Pico Rivera, CA 90660
Email: [email protected]
Rush Truck Centers
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 1 of 55

15 Peterbilt is excited to announce the following pricing update and extension of the Sourcewell Customer Pricing program for 2023. Sourcewell, formerly NJPA, holds national contracts that offer an easy, time- saving procurement process for all levels of government and education. The discount by model represents the “% Off List” price the customer will pay when ordering units on the Sourcewell program. *Customer price includes cab & chassis, factory-freight, Pre-Delivery-Inspection (PDI), marketing fee, and dealer profit.
*Customer price does not include any flooring/interest charges, any applicable taxes (i.e. FET), and any components/services provided by the Peterbilt dealer after delivery from Peterbilt factory (i.e. body, manuals, training, doc fees, local-delivery, additional fuel/def, extended coverages, etc.) • Due to global supply chain cost increases, all trucks are subject to a commodity surcharge of up to 10% of truck (cab & chassis) price (List price less Sourcewell Discount) • All orders must be submitted at current price leve l. Current price level is 1/1/23. Note, this might change for second half of 2023.
x Canadian Peterbilt Dealers have the option to order chassis in Canadian or US Dollars.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 2 of 55

16 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 3 of 55

17 Joe Curran
National Fleet Sales Manager
11-23-20
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 4 of 55

18 Notice Regarding Security Interest and Payment of Purchase Price

1. BMO Harris Bank N.A. (“Bank”) financed or will finance the acquisition of each vehicle that Rush Enterprises, Inc. and its subsidiaries (“Rush”) will in turn sell to you on deferred payment terms (“Vehicle”). Bank’s agreement w i t h R u s h r e q u i r e s t h a t B a n k ’ s s e c u r i t y interest in each Vehicle continue until Bank receives the full amount that Bank financed for such Vehicle. Based on that agreement, your purchase of a Vehicle will be subject to Bank’s prior, unrelinquished security interest, which will continue until Bank receives the total amount that Bank financed for such Vehicle.

2. By written notice to you, Bank may require you to pay the purchase price for Vehicles directly to Bank. If you pay any portion of the purchase price for a Vehicle directly to Bank, Rush will credit such payment(s) against the amount you owe to Rush.

3. Notwithstanding the foregoing, on full payment for a Vehicle, Rush shall ensure that the Vehicle is free and clear of any liens, mortgages, secu rity interests or other encumbrances of third parties, including BMO, and shall pay all amounts necessary to discharge any such encumbrance.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 5 of 55

19 Rush Truck Centers of California, Inc.
dba Rush Truck Centers, Los Angeles
Principals
The Principals of Rush Truck Centers of California, Inc. are:

Name Title Address
W.M. “Rusty” Rush Sole Director, President and CEO 555 IH35 South, Suite 500 New Braunfels, TX 78130
Derrek R. Weaver VP & Treasurer “
Michael McRoberts Secretary “
Scott Anderson VP Finance & Insurance “
Steven L. Keller Assistant Secretary “
Michael S. Lyons Assistant Secretary “
Hal Meriwether Regional General Manager 14490 Slover Ave.

Fontana, CA 92337
ĂŶŝĞůWĞƌĞǌ General Manager 8830 East Slauson Ave.

Pico Rivera, CA 90660
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 6 of 55

20 FEDERAL EXCISE TAX
Exemption Certificate
for Use by States & Local Governments
Treas. Reg. 48.4221-5
I hereby certify that I am (title of officer) of the (state or local government) (“Purchaser”), that I am authorized to execute this certificate on behalf of Purchaser, and that:
(check applicable type of certificate)
A. the article/articles specified in the accompanying order or below:

Article/Articles (by VIN):
(if more room is needed, attach list of additional articles to this certificate) OR
B. X all orders placed by Purchaser for the period commencing January 1, 202 (date) and ending December 31, 202 (date) (period not to exceed 12 calendar quarters) are, or will be, purchased from Rush Truck Centers of California, Inc. (“ Dealer”) for the exclusive use of Purchaser.

Purchaser understands that this statement is made under penalties of perjury.

Purchaser understands that the exemption from tax in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased for its exclusive use. Purchaser understands that the fraudulent use of this certificate for the purpose of securing this exemption will subject Purchaser and all parties making such fraudulent use of this certificate to a fine of not more than $10,000, or to imprisonment for not more than 5 years, or both, together with costs of prosecution.

PURCHASER
By:

Name:

Title:

RUSH FET FORM 1 – STATE/LOCAL GOVT EXEMPTION
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 7 of 55

21 TSB # 23-66 Page 1 of 4 KB

SUBJECT: 2024 CARB & EPA Emissions Update TSB # 23-66
DATE: 8-4-23

California Air Resources Board (CARB) & Environmental Protection Agency (EPA) have both updated their requirements for new trucks ordered and built in 2024. The following updates to Emission, Clean Idle, and Surcharge codes are to support the new CARB & EPA requirements. In 2024, both California and Oregon are considered CARB States.

These option code requirements and guidelines are governed by a vehicles State of Registration and the state of operation. Vehicles that will operate in a CARB state have different requirements then vehicles that will operate only in EPA states.

Vehicles that will DOT register in an EPA state and operate only in an EPA state, the following EPA rules apply to your order. EPA has developed a new Federal Clean Idle label, Reference TSB 23-65, that will be required on all EPA certified MY24 diesel engines. Vehicles with only an EPA Federal Clean Idle label cannot DOT Register or operate in CARB states. EPA only orders will require an EPA Emission Warranty 5-Year/100,000 Mile and an EPA Engine Idling Compliance label code.

Vehicles that will DOT register in an EPA state and operate in a CARB state, the following EPA and CARB rules apply to your order. All new vehicles that will operate in a CARB state will require a CARB Clean Idle label. CARB also requires extended Emission Warranty of 5-years / 350,000 Mile, or 5-Years / 150,000 for PX engines, on all MY2024 vehicles with a CARB Clean Idle label. To operate in a CARB State, orders will need CARB Emission Warranty, CARB Engine Idling Compliance label, and CARB operating Base Warr: Emissions surcharge code. Vehicles with a Cummins diesel engine, that operate in a CARB State, require both an EPA and CARB Engine Idling Compliance label code.

Vehicles that will DOT Register in a CARB state, the following EPA and CARB rules apply to your order.

All new vehicles that will register in a CARB state will require a CARB Clean Idle label. CARB also requires extended Emission Warranty on all MY2024 vehicles with a CARB Clean Idle label. To register in a CARB State, orders will need a CARB Emission Warranty, CARB Engine Idling Compliance label, CARB State of Registration, and a CARB operating Base Warr: Emissions surcharge code. Vehicles with a Cummins diesel engine, that register in a CARB State, will require both an EPA and CARB Engine Idling Compliance label.

Natural Gas engines are excluded from the CARB Engine Idling Compliance requirement and don’t require a Clean Idle Label.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 8 of 55

22 TSB # 23-66 Page 2 of 4 KB
Scenario Warranty Compliance Label Surcharge Certified Clean Idle MX Engine
DOT Registered in
EPA
State AND DO
NOT Operate in
CARB State
2140670 EPA
Emission Warranty
5yr/100,000mi
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
MX Engine
DOT Registered in
EPA State AND
Operate in CARB
State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
**See Surcharge
Section of Table
Below
MX Engine
DOT Registered in
CARB State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
**See Surcharge
Section of Table
Below
AND
9408640 CARB State
of Registration
Scenario Warranty Compliance Label Surcharge Certified Clean Idle X15 & PX-9/7 Engine
DOT Registered in
EPA State AND DO
NOT Operate in
CARB State
2140670 EPA
Emission Warranty
5yr/100,000mi
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
X15 & PX-9/7 Engine
DOT Registered in
EPA
State AND
Operate in CARB
State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
AND
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
X15 & PX-9/7 Engine
DOT Registered in
CARB State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
AND
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
AND
9408640 CARB State
of Registration
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 9 of 55

23 TSB # 23-66 Page 3 of 4 KB
Orders in the Backlog:

Price protection does not apply. Standard change order policy applies to dealer-initiated changes to orders in the backlog.

DESCRIPTION CODE PRICE
Available Options

CARB/EPA
Compliant Codes
CARB Emission Warranty 2140660
EPA Emission Warranty 2140670
Compliance Label
CARB Engine Idling Compliance 2140200
EPA Engine Idling Compliance 2140700
CARB and EPA Engine Idling Not Required 2140220
CARB
ONLY
State
CARB State of Registration 9408640 $9,000
CARB
Operating
Surcharge
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/100K MI – L9N 9408600 $3,200 CARB Operating
Surcharge
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/150K MI - PX-9 9408701 $3,966 BASE WARR: EMISSIONS (CARB OPERATION) 5YR/150K MI - PX-7 9408702 $2,874 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 10 of 55 State of RegistrationARCARB Sta $9,000

24 TSB # 23-66 Page 4 of 4 KB
BASE WARR: EMISSIONS 5YR/100K MI-EPA ENGINE 9408703 $0
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - MX < 460HP
9408704 $2,320
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - MX > 460HP
9408705 $3,495
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - X15

EFF/PRO
9408706 $5,420
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - X15

PER/PRO
9408707 $9,195
SmartSpec® Notes:

See SmartSpec for price, weight, and footnote information.

Contact your Regional Sales Office with any questions.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 11 of 55 BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - MX < 460HP
$2,320

25 TSB # 23-66 Page 1 of 4 KB

SUBJECT: 2024 CARB & EPA Emissions Update TSB # 23-66
DATE: 8-4-23

Vehicles that will DOT Register in a CARB state, the following EPA and CARB rules apply to your order.

Natural Gas engines are excluded from the CARB Engine Idling Compliance requirement and don’t require a Clean Idle Label.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 12 of 55

26 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 1 of 16 ends

Unit Cha ssis
Model: Model 567 Fr Axle Load (lbs): 20000
Type: Full Truck Rr Axle Load (lbs): 40000
Description 1: 567 VACC Truck X15 G.C.W. (lbs): 60000
Description 2: Update 2024
Application Road Conditions:

Intended Serv.: Tanker, Liquid Bulk Class A (Highway) 90 Commodity: Hazardous Waste Class B (Hwy/Mtn) 10
Class C (Off-Hwy) 0
Body Class D (Off-Road) 0
Type: Tank Maximum Grade: 6
Length (ft): 19 Wheelbase (in): 236
Height (ft): 9 Overhang (in): 60
Max Laden Weight
(lbs):
9000 Fr Axle to BOC (in): 74.1
Cab to Axle (in): 161.9
Trailer Cab to EOF (in): 221.9
No. of Trailer Axles: 0 Overall Comb. Length (in): 343.23 Type:

Length (ft): 0 Special Req.

Height (ft): 0
Kingpin Inset (in): 0
Corner Radius (in): 0
Restrictions
Length (ft): 40
Width (in): 102
Height (ft): 13.5
Rush Pblt Truck Centers (S990)
8830 E Slausen Avenue
Pico Rivera , California 90660
City Of Oxnard
1060 Pacific Avenue Bldg 1
Oxnard, California 93030
United States of America

JEFF QUEMADA
Cell Phone:

Office Phone: (562)566-1800
Email: quemadaj@rus henterpris es .com

MIGUEL DIAZ
Cell Phone: 8052712213
Email: [email protected]
Vehicle Summary
Approved by: Date:

Note: All sales are F.O.B. designated plant of manufacture.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 13 of 55

27 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 14 of 55

28 7/12/23, 4:23 PM pbsalestool.lob.paccar.net/experlogix/site/pages/PACCAR/FrameComponentsWorkscreen/Printscreen.aspx?left=true&right=true&… https://pbsalestool.lob.paccar.net/experlogix/site/pages/PACCAR/FrameComponentsWorkscreen/Printscreen.aspx?left=true&right=true&top=true&hz=… 1/2 Note: The image displayed is representative only. It should not be construed as a layout diagram. Dimensions and components are not to scale.

Note: The image displayed is representative only. It should not be construed as a layout diagram. Dimensions and components are not to scale.

Dtpo: Truck Model: 567 Customer: City Of Oxnard
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 15 of 55

29 7/12/23, 4:23 PM pbsalestool.lob.paccar.net/experlogix/site/pages/PACCAR/FrameComponentsWorkscreen/Printscreen.aspx?left=true&right=true&… https://pbsalestool.lob.paccar.net/experlogix/site/pages/PACCAR/FrameComponentsWorkscreen/Printscreen.aspx?left=true&right=true&top=true&hz=… 2/2 Selected Options
Sales Option Description Width Side
5554100 26" Aluminum 70 Gallon Fuel Tank L… 26 Left
5655019 DEF Tank Small, HD 14 Gal 2.1M M… 23 Left
6010390 Omit Standard Battery Box 18 Center
6040550 Aftertreatment Aluminum Non-Slip C… 18 Right
Available Space: Left: 106.8 in. Center: 121.8 in. Right: 106.2 in.

Dtpo: Truck Model: 567 Customer: City Of Oxnard
7/12/2023, 4:23:03 PM
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30 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 17 of 55

31 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 18 of 55

32 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 19 of 55

33 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 2 of 16 ends

Std/
Opt Description $ List Weight
Base Model
S Model 567
The Model 567 is available in both a set-forward and set- back front axle configuration to provide customers with maximum versatility for their application requirements. For weight -sensitive applications, the set- forward front axle provides optimized weight distribution and compliance with bridge laws. The Model 567 has steer axle ratings up to 22,000 lbs. The 567 also offers single, tandem or tridem drive axles and a variety of lift axles for added versat ility. Available with a 115" or 121" BBC and as a day cab or with a selection of detachable sleeper configurations, the 567 is as versatile as it is reliable. 207,933 14,800
O Ha za rdous W a ste 0 0
O Tanker, Liquid Bulk
General freight (linehaul) service using a liquid bulk tanker body or tanker trailer.
0 0
O Tank
A truck equipped to transport liquefied loads, dru bulk cargo, or gases.

May be insulated or non -insulated; pressurized or non- pressurized; and designed for single or multiple loads (often by means of internal divisions in their tank).
0 0
O California Registry
California RegistryRequired for all vehicles that will be registered in the State of California.
0 0
Configuration
S Not Applicable
Secondary Manufacturer
0 0
Frame & Equipment
O 10-5/8" Steel Rails 326-384"

10.625 x 3.45 x .313 Dimension, 1,776,000 RBM; Yield Strength:
120,000 psi. Section Modulus: 14.8 cubic inches. Weight: 1.44 lbs/inch pair
389 190
O Full Steel Inner Liner 1,827 690
O Heavy-Duty Iron Front Spring Brackets
With Front Air Leaf the front spring bracket is iron but not the shackle bracket
330 35
O Zinc Coated Anti Corros ion Treated Frame Rails
Requires Frame Rail Code. Zinc Phosphate coating w ill replace the standard frame rail primer and provide added corrosion prevention for your customer’s operating in severe conditions or in climates where v ehicle rust is common.
387 4
S Aluminum Frame Rail Crossmembers
Excludes suspension
0 0
O EOF Square without Crossmember
End-of-frame square without crossmember. For use with body builder installed crossmember.
57 -64
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34 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 3 of 16 ends

Std/
Opt Description $ List Weight
O Omit Rear Mudflaps and Hangers -58 -25
Front Axle & Equipment
O PACCAR FX-20 Steer Axle 20,000 lbs. 4" Drop
Axle is designed for applications with a gross axle weight rating (GAWR) of 20,000 pounds. Front axle is designed for demanding applications such as construction, heavy haul, refuse, and other vocational uses. Robust forged steel beam construction for long -lasting performance. It utilizes innovative t apered kingpin roller bearings for more efficient operation and improved steering efficiency.

The PACCAR Steer Axle comes standard with the PACCAR warranty of 5 years, 750,000 miles.
2,631 137
O Taper Leaf Springs, Shocks 20,000 lb
Standard with Heav y Resistance Shocks.
652 119
O Power Steering TRW TAS85 Dual Gear
For use with 20,000-22,000 lb. axle ratings. Glidekote splines on steering shaft extend service life of components.
2,545 73
O Power Steering Reservoir Frame Mounted w/Cooler
A power steering cooler helps reduce the heat of the power steering fluid. This is commonly used with systems that may experience more stress from towing or off-road driving.
213 2
S PHP10 Aluminum PreSet PLUS Hubs Air Disc
PHP10 aluminum PreSet PLUS hubs air disc have a fully integrated spindle nut design, an optimized wheel spacer, magnetic f ill plug, with a seal and bearings. Use with Front Axle.
0 0
S Bendix Air Disc Front Brakes
Bendix air disc front brakes use a floating caliper design to provide foundation braking on all axles and complies with reduced stopping distance regulations.
0 0
S Tenneco Shocks For Steer Axle
Integrated front suspension to suit heavy duty truck market, combining the air spring and the damper into one module.
0 0
O PACCAR FX Wide Track IPO Standard
71in KPI IPO 69in front axle for improved turning radius. 0 15
Rear Axle & Equipment
O Dana Spicer DSH40 40,000 lb, High Performance 40
Interaxle diff lock air rocker occupies space of one gauge. Laser factory axle alignment to improve handling & reduce tire wear. Magnetic rear axle oil drain plug captures & holds any metal fragments in drive axle lube to extend service life. Parking brakes on all drive axles for optimal performance. Cognis EMGARD® FE 75W -90 synthetic axle lube provides over 1% fuel economy improvement. Reduces wear & extends maintenance intervals, resulting in increased uptime. Provides improved fluid flow to protect components in extreme cold conditions & withstand the stress from high temperatures, extending component life. 500 179
O PHP10 Aluminum Preset PLUS Hubs - Air Disc 1,792 0
O Separate Dash Controls, Cont Trac Full Lock 118 2
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35 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 4 of 16 ends

Std/
Opt Description $ List Weight
Dana Spicer or Meritor - Tandem or Tri-Drive Axles (Air Rocker Switch occupies the space of two gauges for tandem axle and three gauges for tri-drive axle)
O SBM Valve
Full trucks require a spring brake m odulation (SBM) system for emergency braking application. This system requires an SBM valve and a relay valve with spring brakes on the rear axles. The SBM valve allows the foot valve to operate the rear axle spring brakes if a failure exists in the rear air system.
285 0
O Tanker Height Less Than 75"
From top of Frame Rail. Bendix ESP Tanker/Pumper/Vacuum 0 0
O Bendix ESP Electronic Stability Program With ATC
Truck, pumper/tanker/vacuum (requires body manufacturer code).

Conventional set -forward front axle and set- back forward axle requires 170"- 311" wheelbase. Model 348 requires 170" - 282" for single axle and 170" - 311" for tandem axle. The system prov ides added stability and traction by applying the brakes when excessive wheel slip or a critical stability threshold is detected. For more information please see Truck Sales Bulletin 10-12.
0 0
S Anti-Lock Braking System (ABS) 6S6M
ABS-6. Includes air braking system.
0 0
O Omit SmarTire TirePressure Monitoring
System Next Gen TPMS
-446 0
S Synthetic Axle Lubricant All Axles
Peterbilt heavy duty models include Fuel Efficient Cognis EMGARD FE75W
-90 which provides customers performance advantages over current synthetic lubricants with reduced gear wear and extended maintenance intervals, resulting in increased uptime. In additio n, the lubricant provides improved fluid flow to protect gears in extreme cold conditions and withstand the stress from high temperatures, extending component life.
0 0
O Air Disc Rear Brakes, Tandem Drive Axle
Includes Automatic Slack Adjusters.
401 0
O Diff Lock Tandem Axles
With Speed Interlock. Automatically Disengages Wheel Diff Lock at Speeds Above 25 mph.
2,005 60
O Ratio 3.90 Rear Axle 0 0
O Peterbilt Air Trac 40,000 lbs, 52in Axle Spacing
Light Weight
552 170
O Air Springs, Internal Bumpers
Air Trac / Air Leaf suspensions
60 0
O Dash Mtd Dump Switch with Indicator Light
Dash mounted dump switch with indicator light for suspension. 59 2
Engine & Equipment
O X15 500V@1900 GOV@2000 1850@950
Productivity Series (2024 Emissions)
13,694 465
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 22 of 55

36 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 5 of 16 ends

Std/
Opt Description $ List Weight
N21350 C121 64....Maximum Accelerator Vehicle
N21370 C128 64....Maximum Cruise Control Speed
N21460 C132 1400..PTO Maximum Engine Speed
N21520 C133 5 .....Idle Shutdown Timer
N21610 C188 39....Idle Shutdown Cold Ambient A
N21620 C189 60....Idle Shutdown In termediate A
N21630 C190 80....Idle Shutdown Hot Ambient Ai
N21550 C206 35....Idle Shutdown Percent Engine
N21340 C209 120...Maximum Vehicle S peed
N21510 C225 YES...Idle Shutdown with Parking B
N21450 C231 NO....Gear Down Protection
N21570 C233 NO....Idle Shutdown Manual Overrid
N21440 C234 NO....Engine Protection Shutdown
N21480 C238 NO....Cruise Control and Engine Br
N21470 C239 NO....Cruise Control Auto -Resume
N21430 C333 0 .....Driv er Initiated Ov errideMax
N21410 C334 0 .....Driv er Initiated Ov erride Ma
N21590 C382 YES...Idle Shutdown Hot Ambient Au
N21500 C395 0 .....Green House Gas Automatic En
N21530 C396 YES...Idle Shutdown Warning Period
N21540 C397 60....Idle Shutdown Warning Period
N21320 C399 120...Green House Gas Vehicle Spee
N21400 C400 252...Driver Initiated Override Re
N21420 C401 10....Green House Gas Vehicle Spee
N21330 C402 0 .....Green House Gas Vehicle Spee
S VMUX Electronics Architecture 0 0
S Engine Idle Shutdown Timer Enabled 0 0
O Enable EIST Ambient Temp Overrule 0 0
Eff EIST NA Expiration Miles 0 0
Effective VSL Setting NA 0 0
O Typical Operating Speed 65 MPH 0 0
O Powertrain Optimized for Balance
Best analysis for vehicles where service includes frequent start and stop cycles.
0 0
O CARB Engine Idling Compliance
PACCAR PX-7, PX-9 and MX, Cummins X15 and ISX diesel engines will include the required factory installed serialized sticker on the drivers door to identify them as meeting the NOx idling standard. 0 0
S Engine Brake Controls Located on RH Column 0 0
O Remote PTO/Throttle, 12-Pin
Eng Bay Remote Control Provision
165 0
O CARB Emission Warranty 0 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 23 of 55

37 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 6 of 16 ends

Std/
Opt Description $ List Weight
S EPA Engine Idling Compliance 0 0
O 200 Amp Alternator, Standard Brush
Bosch Long Haul Extreme, standard brush, 170-200 Amps. Dual internal cooling fans, and externally-mounted rectifier and regulator. 291 0
O PACCAR Premium Starter - X15 Engines Only
PACCAR Premium 12 volt. Better cranking power, lower current draw and improved warranty to 36 months / 350,000 mi / 560,000 km. 464 0
O 3 PACCAR AGM 12V Batteries 2775 CCA 581 0
O Battery Jumper Terminal Mounted Under Hood
LH Frame Rail. Not available with PX-7 engines.
140 4
O Intellitec Battery Disconnect Switch
Mounted in cab.
1,576 4
O 2-Speed Fan Clutch For Frequent Start/Stops
A 2-speed fan clutch is ideal for vocational applications where the fan clutch engagement time exceeds 10% of the engine run time. When the fan clutch is disengaged, the fan still
rotates at 15-25% of the
engine RPM. This fan rotation provides crucial airflow to the engine and draws virtually no horsepower.
537 0
O 18.7 CFM Naturally Aspirated Air Compressor
X15 Onl y
0 0
O Intebrake (Furnished on Engine)
Features a dedicated cam lobe design for optimum power and three- stage engine brake operation.
0 0
O PACCAR Fuel/Water Separator Extended Service
Interval
239 0
O Fuel Heat for Fuel Filter 54 0
O No Electric Heat Option for Fuel Filter 0 0
O Engine Protection Shutdown w/ Label
Includes oil pressure, oil temperature, coolant temperature, and intake manifold temperature.
6 0
S High Efficiency Cooling System
Cooling module is a combination of steel and aluminum components, with aluminum connections to maximize performance and cooling capability. Silic one radiator & heater hoses enhance value, durab ility, & reliability. Constant tension band clamps reduce leaks. Chevron Delo Extended Life Coolant (NOAT) extends maintenance intervals reducing maintenance costs. Anti -freeze effective to - 30 degrees F helps protect the engine. Low coolant level sensor warns of low coolant condition to prevent engine damage. Radiator Size by Model: 367 1325 sq in, 367 HH Fepto 1325 sq in, 365 Fepto 1183 sq in, 365 Full Frame Extension 1000 sq in, 520 1202 sq in, 579 1456.9 sq in, 535/536/537/548 949.3 sq in, 537/548 VOC 1000.3 sq in, 389/367 HH 1604 sq in, 365/567 1379 sq in.
0 0
S (1) Air Cleaner Firewall Mounted 0 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 24 of 55

38 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 7 of 16 ends

Std/
Opt Description $ List Weight
Molded rubber air intake connections with lined stainless steel clamps seal to prevent contaminants in air intake.

S Exhaust Single RH Side of Cab
DPF/SCR RH Under Cab, Single Module
0 0
O Curved Tip Standpipe(s) 43 1
O Chrome Finish Over Elbows for Single Exhaust
Requires stainless steel muffler guard/fairing (3381830), and Aftertreatment right-hand under cab.
105 7
O 36" Ht, 5" Dia Chrome, Clear Coat Standpipe(s ) 139 4 Transmission & Equipment
O Allison 4000 RDS-P Transmission, Gen 6
Rugged Duty Series
23,391 528
O RPL25 Driveline, 1 Midship Bearing
Requires RPL20 Driveline interaxle (option 4210870) for tandem rear axles. Provides a driveline that is permanently sealed and lubricated.

All Meritor drivelines will be primed before painted, improving paint adhesion for longer lasting quality in the field.
832 105
O RPL20 Driveline Interaxle
Requires RPL20 Driveline interaxle (option 4210870) for tandem rear axles. RPL20 series drivelines are built for heavy -duty commericial vehicles and are permanetely lubricated and sealed for life with triple lip seals to protect against contaminants. All Meritor drivelines will be primed before painted, improving paint adhesion for longer lasting quality in the field.
0 0
O (1) Dash Mounted Single Acting EOH PTO Control
Electric-over-hydraulic, spec'ing PTO switch does not ensure the PTO will fit. Sends signal to A llison to engage PTO.
106 0
O Auto Neutral Activates With Parking Brake
Auto Neutral helps improve jobsite safety by reducing the possib ility of the truck moving due to throttle application.
21 0
O Allison FuelSense Not Desired
Dynamic Shift Sensing
0 0
O Allison Neutral At Stop
Neutral at Stop features and benefits: Reduces or eliminates the load on the engine when vehicle is stopped, can help lower fuel consumption and C02 emissions, and is included in FuelSense 2.0 Plus and Max packages only.
0 0
O Allison 6-Speed Configuration, Close Ratio Gears
Allison 4000 transmission only
0 0
O Dash Mounted Push Button Shifter
Available with Allison transmissions
148 0
Air & Trailer Equipment
O Bendix AD-HF EP Air Dryer, Heater
Coalescing filter, extended purge. Bendix AD -HF air filters protects the life of your engine system and com ponents. Proven PuraGuard oil 160 6
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 25 of 55

39 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 8 of 16 ends

Std/
Opt Description $ List Weight
coalescing technonlgy in the the air dryer catridge. This oil coalescing filter ensures the removal of oil and oil ae rosols before they can contaminate the moisture removing desiccant.

O Pull Cords All Air Tanks 4 1
S Nylon Cha ssis Hose 0 0
O Compressor Discharge Line Test Valve 306 0
S Steel Painted Air Tanks
All air tanks are steel with painted finish except when Code 4543330 Polish Aluminum Air Tanks is also selected (then exposed air tanks outside the frame rails will be polished aluminum). Peterbilt will determine the optimal size and location of required air tanks. Narratives requesting a specific air tank size or location will not be accepted for factory installation. See ECAT to determine number or location of air tanks installed.
0 0
O Omit Standard Trailer Connection Package
Omits 12' AE lines, hose tenna, hand valve
-352 -28
Tires & Wheels
O FF: GY 20ply 315/80R22.5 G289 WHA
Diameter = 43.1 inches; SLR = 20.0 inches. Compares to Michelin XZUS 2 and Bridgestone M860 tread.
868 74
O RR: GY 16ply 11R22.5 Fuel Max RTD
Efficiency Rating: Poor
2,364 120
S Code-rear Tire Qty 08 0 0
O FF: Alcoa 89U637 22.5 X 9.00 High Polish
Aluminum, Ultra ONE technology that saves more than 50 lbs. versus a comparable steel wheel. Built for refuse, logging, mining and other heavy haul applications that demand a tough wheel. Each wheel offers a 10,000 lbs. load rating.
506 -36
O RR: Alcoa 885657 22.5X8.25 High Polish
Aluminum wheel severe service.
1,956 -136
S Code-rear Rim Qty 08 0 0
O Wheel Guards , Tandem Axle
Between brake drum and wheel. Wheel guards provide a protective barrier to maintain the integrity between the brake drums and wheels to ensure the maximum life for your polished wheels.
41 0
O Wheel Guards , Steer Axle
Between brake drum and wheel. Wheel guards provide a protective barrier to maintain the integrity between the brake drums and wheels to ensure the maximum life for your polished wheels.
21 0
O Wheel Guards , Tandem Axle Between Wheels
Bewtween wheels. Wheel guards provide a protective barrier to maintain the integrity between the brake drums and wheels to ensure the maximum life for your polished wheels.
41 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 26 of 55

40 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 9 of 16 ends

Std/
Opt Description $ List Weight
Fuel Tanks
O 26" Aluminum 70 Gallon Fuel Tank LH U/C
Includes steps for cab access. Paddle handle f iller cap with thr eadless filler neck. Top draw fuel plumbing reduces chance of introducing air into the fuel system during low fuel lev el c onditions due to the central placement of fuel pickup tube. Wire braid fuel lines increase durability & reduce potential for leaks.
539 18
O Location LH U/C 70 Gallon 0 0
O Fuel Cooler
Required with single fuel tank
185 15
O Polish (1) Non-Slip Fuel Tank Step, U/C Tank Only 29 0 O Polish (1) Aluminum Fuel Tank 261 0
O Polish All Fuel / Hydraulic Tank Straps
Does not apply to rectangular DEF tank straps
83 0
S DEF Tank Mounted LH BOC
Models 220 and 520 mounted left hand back-of-cab.
0 0
O DEF To Fuel Ratio 2:1 Or Greater 0 0
O Polished Stainless Steel Cover For DEF Tank 275 0
S DEF Tank Small, HD 14 Gal 2.1M MD 5.5 Gal 0 0
O RH Tank None Furnished -712 -86
Battery Box & Bumper
O Omit Standard Battery Box
Use with passenger seat/in-cab battery box codes only
-579 -45
O Additional Aluminum Battery Box LH U/C
Non-slip step
879 57
O Polish Battery/Tool Box(s), Aftertreatment Cab
Entry complete
288 0
S Aftertreatment Aluminum Non-Slip Cab Entry
Aftertreatment right -hand under cab step. DPF/SCR for diesel engines, catalyst for natural gas engines. On Models 579 specifying chassis fairings, the box is aerodynamic.
0 0
O Stainles s Steel Bumper Swept Back Polis hed
Without FEPTO
38 40
Cab & Equipment
O Vocational 121" BBC Alum Cab and Metton H ood SBFA
Stainless crown and gr ille with tilt assist.
3,155 30
O Thermal Insulation Package in Cab 21 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 27 of 55

41 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 10 of 16 ends

Std/
Opt Description $ List Weight
The thermal insulation package is designed to make the cab thermally efficient in extreme temperatures. The model 520 adds insulation surrounding the doghouse to reduce engine heat transmitted to the cab.

S No Sleeper Selected 0 0
O Rubber Fender Lips 4.5" Wide 565 6
S Peterbilt ST Driver
Peterbilt ST air seat, high height backrest, adjustable seat track length, 1 chamber lumbar support, suspension with fixed damping, fore -aft isolator with lockout, Vinyl bellows over suspension. Adds 40mm of increased space for steering wheel to chest and improved driver ingress/egress into cab and sleeper (knee sweep) with improved passenger side ingress/egress for personal carog/luggage. Standand vinyl finish - color coordinate with interior color.
0 0
S Peterbilt ST Non-Adjustable Passenger Seat
Standard vinyl, no suspension cover, no seat back recline. 0 0
O Drivers Armrest - RH Only 125 2
O Pas s enger Armres t - LH only
Required with Evolution LX seats, optional with Evolution ST Seats. 125 2
O Black Seat Color IPO Standard Color 0 0
O Seat Belt Color Red IPO Standard Black 11 0
O Battery Box Under Pas s enger Seat
Only available with non -adjustable seat or no furnished passenger seat.

Includes disconnect switch.
2,600 40
O Seat Belt Alarm Sys tem - Driver Seat Only
Seat belt alarm system driv er side only. Radio mute when seat belt warning active and compatible radio.
96 0
S Air Ride Driver 0 0
S High Back Driver 0 0
S Vinyl Driver 0 0
S Non-Air Ride Passenger 0 0
S High Back Passenger 0 0
S Vinyl Passenger 0 0
S Steering Wheel With Multi-Function
Includes Peterbilt logo on horn button , audio volume, seek, mute and mode button on LH pod with cruise control on/off/cancel, set/resume and accelerate/coast on the right pod.
0 0
O High-Visibility Interior Grabhandles, Painted
Bright yellow interior grabhandle for vocational vehicles. 42 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 28 of 55

42 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 11 of 16 ends

Std/
Opt Description $ List Weight
S Adjustable Steering Column - Tilt/Telescope 0 0
O Vanity Mirror on Inside Sunvisors
For use with ProBilt 1.9, Prestige (1.9 & 2.1) or Premier (2.1) interiors. 23 0
S Prestige Interior - Sterling Gray
Features single tone dash with tough, scratch resistant materials including soft touch points on top of dash. Top of dash, door panel uppers, and kick panel are charcoal to conceal dirt and mitigate wear.

Includes unique technical grained A,B, C & D instrument panels with contoured doorpads, padded fabric headliner and vinyl wall panels.

Superior ergonomics are achieved while maximizing productivity featuring: multiple power ports, (2) coat hooks, header-mounted domelight, power lift driver and passenger windows, LH and RH door mounted map pockets with built -in courtesy lights, driver and passenger dome/reading lights and footwell lighting. Comfort fea tures include automatic temperature HVAC controls, 18 inch 4 -spoke soft-touch steering wheel, soft -touch steering column cover, rubber flooring, (3) inside sunvisors, integrated "dead pedal, cup holder and map bin in dash.
0 0
O Exterior Cab Entry Grabhandle
Textured; NFPA compliant. Available on Day Cab specifications only. 174 0
O Dark Window Tint IPO Standard Tint - Day Cab 30 0
O 3-Piece Glas s Rear Cab Window, All Pieces Fixed 241 12 S Day Cab Rear Window
Day cab rear window flush to back of cab.
0 0
S 1-Piece Curved Winds hield 0 0
S Power Door Locks and Power Window Lifts
Standard
0 0
S Combo Fresh Air Heater/Air Conditioner
With radiator mounted condenser, dedicated side window defrosters, Bi-Level Heater/Defroster Controls, 54,500 BTU/HR, and s ilicone heater hoses.
0 0
O Outside Sunvisor - Stainless Steel
Not available with 2.1M high roof sleeper.
978 0
O Peterbilt Aero Rear View Mirror, Motorized
Includes top mirror with motorized, adjustable dual axis heated glass.

Bottom mirror is an integrated convex surface. Includes black textured arms with breakaway feature.
314 3
O Aero Rear View Mirror Housing - Body Color
(Same Color as Vehicle Body)
0 0
S Look Down Mirror Over Passenger Door
with Black Housing
0 0
O (2) PB Air Horns Round, 23" Length, Roof Mounted
Round horn shield.
689 8
O ConcertClas s , AM/FM, Weatherband, 3.5 Aux 415 10
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 29 of 55

43 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 12 of 16 ends

Std/
Opt Description $ List Weight
O Standard Speaker Package For Cab
(2) Speakers
60 4
O Radio Mute When In Reverse
For automatic or automated transmission
0 0
O Bluetooth Phone and Audio Requires USB Port 56 0
O USB Port 56 0
O Cobra 29 CB Radio Mounted Center Of Header
Without weatherband. Mounted in center of header with sound tracker & illuminated panel. Includes wiring, micr ophone clip, & speaker. Must select antenna(s) o ption.
326 10
O (2) Antennas For Factory Installed Or F/O CB
Mounted RH/LH side of roof, with antenna cables
192 2
S SmartLINQ Remote Diagnostics
SmartLINQ is Peterbilts proprietary remote diagnostics service which monitors the engine and aftertreatment for diagnostic codes providing real-time code analysis maximizing vehicle uptime and strengthening the fleets partnership with their dealer. SmartLINQ provides fault coverage for over 800 codes, a customizable email notification for 116 codes plus a web portal to manage your entire fleet included at no additional charge. SmartLINQ is compatible with any telematics system and doesnt require a specific fleet management system. For those whose customers utilize PeopleNet, the pre -wire with remote diagnostics will provide a more integrated solution utilizing the existing SmartLINQ modem. For those whose customers utilize other fleet services products, the existing pre -wire option for the other fleet service devices will continue to be available.
0 0
O Rear Wall Deep Record/Map Pocket 78 0
O Removable Bugscreen Behind Grille 183 2
S Peterbilt Electric Windshield Wipers
With Intermittent Feature.
0 0
O Cab Air Suspension 250 0
O Auto Reset Circuit Protection
Daycab and Sleeper
19 0
O Triangle Reflector Kit, Ship Loose
Florescent triangle emergency road flares are designed to meet and exceed all DOT standards.
36 13
O Fire Extinguisher, Mounted Inboard Driver Seat
Hazmat approved UL listed/rated ABC
74 8
O Backup Alarm (107 DB) 137 3
O Drive Axle #1 Front Oil Temperature Gauge
52mm round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 148 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 30 of 55

44 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 13 of 16 ends

Std/
Opt Description $ List Weight
O Drive Axle #2 Rear Oil Temperature Gauge
52mm round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 175 0
O Engine Oil Temperature Gauge
52mm round, backlit. These physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be incl uded in the digital display.
57 0
O Trans mis s ion Oil Temperature (Main)
Located in Digital Cluster Display.
28 0
O General Air Pressure 1 Gauge
52mm round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6.
173 0
S Air Filter Restriction Pressure Gauge
Located in Digital Cluster Display
0 0
S Brake Application Air Pressure (Tractor)
Located in Digital Cluster Display.
0 0
O Increased Air Filter Full Indication
For air filter restriction gauge
0 0
O Suspe nsion Air Pre ssure 1 (Loa d)
Located in Digital Cluster Display
144 0
O Fuel Filter Restriction Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 209 0
O Warning Light Battery Disconnect, Switch Engaged
Marker light external mounted
111 0
O (4) Additional Dash Switches With Wiring
Located on dash panel C. Availability subject to dash space. Incl udes 4" 14 gauge wire with butt splice at rear of each additional switch. 171 1
O Engine Hourmeter Gauge
Located in Digital Cluster Display
0 0
O Engine PTO Hourmeter Gauge
Located In Digital Cluster Display
0 0
S Engine Percent Torque
Located in Digital Cluster Display
0 0
O Main Instrumentation Panel
Digital Cluster 15" Display includes: Speedometer, Tachometer, Primary Air Pressure, Secondary Air Pressure, Fuel Level, DEF Level, DPF Filter Status, Fuel Economy, Oil Pressure, Coolant Temp, and Voltmeter.
0 0
O Manifold Pressure Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 51 2
S Headlights Projector Module Pod
Fender mounted turn signals, projector module low beam, complex reflector high beam, pod mounted
0 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 31 of 55

45 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 14 of 16 ends

Std/
Opt Description $ List Weight
S (5) Marker Lights, Aero LED
On roof, visor, or fairing
0 0
O (2) Peterbilt Fog Lights
Recessed in Bumper
118 6
S Daytime Running Lights
The brake interlock turns the daytime running lights off when the parking brakes are engaged. This is required on all Canadian vehicles. 0 0
O Incandescent Square Stop/Turn/Tail/Backup
Left-hand / right-hand square end of frame or dropped a-brace 52 9
O Additional LED Turn Signals
Mounted lower rear corners back of cab / back of sleeper 212 7
O (1) F/O Load Light, Switch, (2) 10' Wire Coils
(1) furnished by owner load light, switch, (2) 10" wire coils, under cab/sleeper.
106 3
Paint
S Standard Paint Color Selection -200 0
S (1) Color Axalta Two Stage - Cab/Hood
Base Coat/Clear Coat
N85020 A - L0006EY WHITE
N85500 CAB ROOF L0006EY WHITE
N85300 FENDER L0006EY WHITE
N85200 FRAME L0001EA BLACK
N85400 HOOD TOP L0006EY WHITE
0 0
Shipping Destination
Options Not Subject To Discount
S Peterbilt Class 8 Standard Coverage
1 year/100,000 Miles (160,000 km)
0 0
O Fuel Price Index Factor $99 NET 99 0
O SmartLINQ RD - 3YR Sub
Cummins Engines
499 0
O Engine CARB State Of Registration 9,000 0
O Base Warr: Emissions (CARB Operation)
5Yr/350K MI - X15 EFF/PRO Engine
2,320 0
O Vehicle Layout
Option is not subject to discount. Fleets will be split prior to build so that the charge is applied to only one unit. Quotes will not reflect this.

Narr Please contact : Jeff Quemada 626-905-1799
1,500 0
Miscellaneous
S Day Cab / Prestige Interior (DM) 0 0
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 32 of 55

46 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 15 of 16 ends

Std/
Opt Description $ List Weight
O State Regis try: California 0 0
O Peterbilt Sourcewell Program Code 0 0
O DO NOT DRIVE (Dealer/Customer Request) 750 0
Promotions
Special Requirements
Special Requirement 1 0098010
Special Requirement 2
Special Requirement 3
Special Requirement 4
Order Comment s
Total List Price (W/O Freight & Warranty &
Surcharges )
$285,341
Marketing and Service Support Fee $1,395
Prepaid Freight $3,525
Total Surcharge/Options Not Subject To Discount $13,418 Total Weight 17,690
Prices and Specifications Subject to Change Without Notice.

Unpublished options may require review/approval.

Dimensional and performance data for unpublished options may vary from that displayed in CRM.

PRICING DISCLAIMER
While we make every effort to maintain the web site to preserve pricing accuracy, prices are subject to change without notice. Although the information in this price list is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order prebills to confirm your pricing information
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 33 of 55

47 Price Level: January 1, 2024 100% Complete Date: August 22, 2023 Deal: 567 VACC Truck X15
Printed On: 8/22/2023 4:32:02 PM
Quote Number: QUO-1057376-Z2X5Z4

Page 16 of 16 ends

Shipping Destinations
Intermediate Destination: NONE
Final Destinations Quantity
S990 - Rush Pblt Truck Centers
8830 E Slausen Avenue
Pico Riv era, California 90660
1 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 34 of 55

48 CLASS 8
Warranty
Quick Reference Guide

This is a Quick Reference Guide "ONLY"
It is an itemized general listing of the components and/or items used in the assembly of a Peter warranty coverage. This list is NOT to be construed as all-inclusive.

Refer to the complete text of the Peterbilt Warranty Agreement Cat. No.5201, 5278, 5018 for sp the terms, conditions and limitations of said agreement.

BASIC VEHICLE WARRANTY 12 Months / 100,000 Miles / 160,000 Kilometers whichever comes first Air Cleaner System (Excludes Filter Element)
Air Conditioner System
Accumulator
Actuators, HVAC
Blend, Mode, Fresh Air Doors
Blower Motor & Wheel
Coil, Heater
Compressor, Freon
Condenser
Control, HVAC
Drain Valve & Hose
Expansion Valve
Evaporator
Freeze Control Switch
Hardlines, Refrigerant
Heater Hoses & Clamps
Low/High Pressure Switches
O-rings
Receiver -Dryer
Resistor
Airshield
Air System
Air Compressor (Bendix)
Air Dryer & Purge Valve
Air Governor
Air Tank & Drain Valve
Alternator
Antenna
Auxiliary Heater Assembly (Espar)
Auxiliary Transmissions
Battery (PACCAR)
Battery/Tool Box Assembly
Battery Hold Downs
Brake
Chamber
Camshaft
Spider
Drum (Excludes Scored or Heat
Checked)
Bumper (Includes Aerodynamic Type)
Cab
Heater and Duct
Side Extender
Skirt
Water Leak
Tilt Mechanism (Includes Pump)
Charge Air Cooler
Charge Air Cooler Hoses & Clamps
Circuit Breakers
Clamps, Turbocharger Air Inlet
Clock
(Analog / Digital)
Clutch, Clutch Linkage
Collision Avoidance System
Control Cable
Cooling Modu
le
Cruise Control Component
Deck Plate Lamp
DEF Heater Control Relay
DEF Heater Coolant Control Valve
DEF Heated Lines
DEF Heating Elements
DEF Heating Fittings on Supply Module
DEF Lamp
DEF Tank
Door Latch, Lock and Hinge
Door Pad and Soft Trim
Driveline
, U-Joint and Center Bearing
Driveline Midship Plate
Electrical Power Distribution Box
Electrical Printed Circuit & Harness (Excludes Fuse)
Engine Related Components
Engine Brake (PACBrake)
Dipstick and Tube
Fan, Fan Clutch and Sending Unit
Fan Shroud
Heater
Manufactured Messaging Products
Mount
Shutdown System
Exhaust Stanchion
Exhaust piping, clamps, gaskets
Fairing
Fuel
Tank
Tank Strap, Cap and Vent
Fuel Water Separator and/or Heater
Gauge and Sending Unit
Heat Shield
Hood Assist Spring and Hook
Horn - Air or Electric
Hose and Fitting (Excludes Rubbed or Loose)
Hub Assembly (Excludes Bearing & Races)
Hub Caps
Hubometer
Ignition Timer
Instruments
Lift/Tag/Pusher Axle
Lift/Tag/Pusher Suspension
Light
Fixture (Excludes Bulb)
Mirror
Mud Flap Bracket (Excludes Mud Flap)
Muffler
Muffler Clamps
Muffler Standpipe
Navigation System
(Smart Nav)
Plating (Includes Chrome)
Power Steering Pump
Power Steering Reservoir
Quarter Fender
Ra
diator (Includes Header Gasket)
Radiator Cap
Radiator Mounting Brackets
Radiator Mounting Bushings
Radiator Tie Rods
Radio/CB
(Unlimited Mileage)
Seat Assembly
Seat Belt
Seat Structure
Shift Control
Shock Absorber
Slack Adjuster
Sleeper Boot
Sleepe
r Extender
Speaker
Starter
Steering

Shaft and U-Joint
Drag Link
Gear Mounting Bracket
Pitman Arm
Steering Wheel and Column
Step
Supplemental Restraint System
(Rollover Airbag)
Suspension
Axle
Beams
Dowel Pin
Height Control Valve
Suspens
Height
Heigh
Shock
Spring
Spring
Spring
Spring
Spring
Spring
Tie Ro
Tracki
U-Bolt
Cab
Heigh
Heigh
Heigh
Spring
Sleeper
Height
Height
Height
Spring
Suspe
Switches
Throttle Lin
Transfer Ca
Transmissio
Turbocharg
Upholstery
Valve, All
Vent - Fres
Visor (Outs
Weather St
Wheel Bea
Window De
Window Lift
Window Re
Windshiel
d
Wiper Arm
Wiper Moto
Wiring and
PAINT
- Cab, Hood, Sleeper Paint
- Frame Paint - Black Only
- Frame Paint - All colors other than black
- Frame Paint - Logger, Mixer, Dump, Refuse, Oil Field & Construction applications 12 Months 100,000 Miles / 160,000 Kilometers
12 Months 100,000
Miles / 160,000 Kilometers
6 Months 50,000 Miles / 80,000 Kilometers
3 Months 25,000 Miles / 40,000 Kilometers
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles

49 MAJOR COMPONENTS
36 Months or 300,000 Miles/480,000 Kilometers whichever shall occur first. 100% Parts and Labor
Axle - Eaton, Meritor and Dana Spicer Axles, Non-Driving and Driving, Single Speed, On-Highway with a Capacity of 46,000 Lbs. or Less (Includes Axle Input and Output Seals)(Excludes Axle Shaft Flange Gaskets, Brake Drums, Brake Shoes, Filters, Hub Assemblies, Hub Caps and Gaskets, Wheel Bearings and Wheel Seals) Brakes – Bendix and Meritor (except air Disc Brakes)
Applies to Brackets, Cam Shafts, Slack Adjusters and Spiders Cab, Hood, Hood Half-Fenders, and Sleeper Structure
Cab Fasteners (Excludes Add-On Aerodynamic Devices)
Sheppard and TRW Steering Gears
Manual Transmissions (Excludes Oil Coolers and Shift Controls) Eaton Auto Shift Transmission

FRAME RAILS, GUSSETS, CROSSMEMBERS AND CAB / HOOD / or SLEEPER 60 Months or 500,000 Miles/800,000 Kilometers whichever shall occur first. 100 Frame Side Rails, Crossmembers, Gussets, A-Braces
Cab, Hood and Sleeper perforation caused by corrosion from within. Corrosion warranty a cab, hood or sleeper panel due to corrosion. Warranty does not apply to corrosion caused

OTHER COVERAGES
12 Months or 50,000 Miles/80,000 Kilometers whichever shall occur first. 100%

Axle Shaft Flange Gaskets Wheel Seals (Except LMS) Hub Cap Gaskets All Gaskets and Seals not specifi General Warranty Exclusions
The following components are warranted directly to you by their respective manufacturer, and are not warranted by Peterbilt Motors Company: Engine and Engine Manufacture Brake), Automatic Transmissions, Tires, Tubes, Fifth Wheel, Pintle Hooks, Hitch, Wheels and Batteries not listed. Peterbilt does not warrant antifreeze, lubricants, bulbs, fuses, filters, mud flaps, reflectors, winter fronts, wiper nozzlesor wiper blades. Trade accessories such as fire extinguis not warranted.
Peterbilt is not responsible for storage deterioration, wear, and changes in adjustment resulting from normal service. This includes brake and clutch linings, drive belts, wheel ba Peterbilt does not warrant metallic chassis (frame) paint. Peterbilt is not responsible for paint chipping or fading, peeling from frame bolts relating to maintenance, or paint peelin Damage due to accident, misuse, negligence, improper or inadequate maintenance, or unauthorized modification is not warranted. Failure of replacement parts used to repair a Vibrations, squeaks, fitting and hose leaks, unusual noises, rattles, loose nuts/bolts and hose and electrical connections can develop during the early shakedown trips of the ve but not later than 90 days after date of delivery, the necessary adjustments will be made without charge. Such developments after this period are usually the result of use and a Peterbilt is not responsible for damage resulting from engine horsepower/torque upgrades.

NON - WARRANTABLE COMPONENTS/ITEMS
# File with Engine Manufacturer
NON - WARRANTABLE:

WEAR, DETERIORATION and/or ADJUSTMENTS

NON - WARRA
# Engine (see engine coverage)
# Engine Accessories
# Air Compressor (Engine
Manufacturer)
Add-on Aerodynamic Device (Dealer
Installed)
Antifreeze Solution
Automatic Transmission
(Allison)
Brake Lining
Bulb
Fifth Wheel
Filter Element
Fire Extinguisher
Flag and Flare Kit
Fuel
Fuse
Headlight and Light Bulb
Lubricant
Mudflap
Pintle Hook
Non-Original Equipment
Power Converter
Reflector
Refrigerator
Tire
Tow Pin
Wheels
Winter Front and Bug Screen
Wiper Blade
Wiper Nozzle
Peterbilt assumes no responsibility for wear and/or Deterioration of parts or Changes in Adjustment as a result of Normal Service.

Examples:

Brake Adjustment Mattress
Brake Drum Paint Chip and/or Fade Brake Lining Soft Trim and Upholstery Bushings (Serviceable)
Stainless Steel Discoloration
Clutch Facing Tightening a Bolt and/or Fitting Engine accessory belt Wheel and/or Axle Alignment Fuse Window and Windshield Glass Key Fob
Wheel Bearings
This list is NOT to be construed as all-inclusive
Any Vehicle on W
Any Vehicle that h
Unauthorized
Damage Due to A
Dyno Testing (Wi
Improper or Insuff
Misuse
Negligence
Storage (Includes
Towing and Road
Transport
Troubleshooting a

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles

50 Rush Limited Warranty
NEW PRODUCTS – MANUFACTURER WARRANTIES ONLY. Any warranties on any new product(s) sold by Rush are limited only to any printed warranty provid ed by the applicable manufacturer of the product.

EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT

ANY OTHER WARRANTIES, EXPRESS OR IMPLIE D, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

USED PRODUCTS – NO WARRANTIES. All used product(s) sold by Rush are sold on an “AS IS, WHERE IS” basis, without any warranties by Rush. EXCEPT FOR ANY MANUFA CTURERS’ WARRANTIES THAT MAY

STILL BE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

LIMITED WARRANTY ON SERVICES. Ru sh warrants that all services performed by Rush for a customer, including repair, maintenance and installation servic es (“Services”), will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. Customer’s sole and exclusive remedy, and Rush’s entire liability, under the Services Warranty is the repair of any nonconforming portion of the Services. RUSH PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONC ERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Rush for customer. Rush does not warrant any services provided by any third-party. Any warranties are solely those that are provided by the third-party service provider.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 37 of 55

51 www.nixon-egli.com
x S. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 x (909) 930-1822 x FAX (909) 923-2356 x N. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 x (209) 830-8600 x FAX (209) 830-8884 July 11, 2023
Jeff Quemada
Rush Truck Centers Los Angeles
8830 E Slauson Ave
Pico Rivera, CA 90660
Quote# 100751
Ref: Thompson STN 3000-50000
We are pleased to provide you a quotation on a new Thompson Model STN 3000-50000, complete with all standard equipment, and including:

ONE (1) THOMPSON MODEL STN - 3000 - 50000 Vacuum-Pressure Unit, 70 Bbl., 3000 gallon capacity, designed for a side mounted TTI-VC-454-RM4R Vacuum-Pressure Pump, PTO driven, mounted on customer’s cab and chassis, including:
3158 GALLONS SHELL FULL
158 GALLONS OUTAGE = 5%
3000 GALLONS PAYLOAD
x NON-CODE / NON-SPECIFICATION
x INTERNAL DESIGN PRESSURE 25 PSI MAWP
x FULL VACUUM, 15 PSI EXTERNAL MAWP
x TANK ASSEMBLY - 67″ O.D. x 16′ –0 ″ shell length, .250″ plate shell and ASME dish and flanged heads.
x TTI-1226 ROLLOVER DAMAGE PROTECTION, (EXTERNAL GUARDS), DOT §178.345-8 (a)(3) & §178.345-8 (c).
x ONE (1) REINFORCING RINGS – installed interior of shell with 24″ of bottom removed for cleaning.
x ONE (1) TTI–1131 SURGE BAFFLE – reinforced formed steel, with 15″ bottom clearance for cleaning.
x TWO (2) TTI-2020-WS - 20″ ASME WASHOUT ASSEMBLIES – with hinged cover, Buna-N gasket, installed on top of unit forward of air system and after each surge baffle. x TTI–1113 WINGNUT LUG WRENCH
x TTI–2020-DS - 20″ ASME LOW PROFILE DOME ASSEMBLY – with hinged steel cover and Buna-N gasket, for primary float shut-off valve and air system installation, installed behind first washout.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 38 of 55

52 www.nixon-egli.com
x S. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 x (909) 930-1822 x FAX (909) 923-2356 x N. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 x (209) 830-8600 x FAX (209) 830-8884 x PRESSURE RELIEF SYSTEM - 2″ KUNKLE PRV set at 35 PSI. x TWO (2) 30/60 VACUUM-PRESSURE GAUGES –3 ½″ diameter face, one at dome and one at left rear of unit in live handrail with condensate drain valve. x TTI-1100-4, 4″ FLOAT SHUT-OFF VALVE, (PRIMARY) – with lubricated, spring loaded pivot assembly, stainless steel seat, self-adjusting Buna-N seal and 8″ diameter stainless steel float ball. x TTI-1106-4, 4″ LIQUID ENTRY PREVENTOR WITH TTI-1103-4, 4″ FLOAT SHUT-OFF VALVE, (SECONDARY) – with stainless steel seat, self-adjusting Buna-N seal and 8″ diameter stainless steel float ball and 2″ STAINLESS STEEL drain valve.
x 2″ MI PLATED CAMLOCK ADAPTER WITH SEAL CAP
x TTI-1115-2, 2″ BLEEDER ASSEMBLY (VACUUM AND PRESSURE) with 2″ (FULL AREA), LUBRICATED PLUG, regulator valve and manual control to left rear of unit. x 2″ MI PLATED CAMLOCK ADAPTER WITH SEAL CAP
x FIVE (5) 5” DIAMETER SIGHT GLASSES – installed at rear head. Empty, half, full and quarter lines to be shown.

TTI LOADING/UNLOADING OUTLETS – DOT §178.345-11
x 4″ INLET - 70° FORMED SEAMLESS PIPE – ASA flanged approximately 36″ above ground with internal riser and deflector, EXTENDED ABOVE MAXIMUM LIQUID LEVEL. x 4″ INLET VALVE - CLEARFLOW LW - 4000 - quick opening, full area, double disc, flangeless gate valve with replaceable discs and seats, furnished with a threaded companion flange. x 4″ MI PLATED CAMLOCK ADAPTOR WITH ½″ SELF-CLOSING SAMPLE VALVE

AND SEAL CAP
x 6″ DISCHARGE -6 0° FORMED SEAMLESS PIPE - ASA flanged approximately 36″ above ground and located to prevent whirlpool of load.
x 6″ DISCHARGE VALVE - CLEARFLOW LW-6000 - quick opening, full area, double disc, flangeless gate valve with replaceable discs and seats, furnished with a threaded companion flange. x 6″ MI PLATED CAMLOCK ADAPTER WITH ½″ SELF-CLOSING SAMPLE VALVE

AND SEAL CAP
x TWO (2) TTI-1144 HANDRAILS - full length and formed over rear head for grab handles with structural tubing supports, left side live.
x ONE (1) TTI-1104 ALUMINIUM TOOL BOX - 36″ wide x 24″ deep, with weather sealed door and keyed latch, mounted under hose rack, on TBD side. Installed with door hinged downward.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 39 of 55

53 www.nixon-egli.com
x S. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 x (909) 930-1822 x FAX (909) 923-2356 x N. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 x (209) 830-8600 x FAX (209) 830-8884 x TTI-1183 Z-FRAME ASSEMBLY - FULL LENGTH with 4″ slope to rear, reinforced crossmembers on doubler pads and hardwood breaker strips.
x TTI-1133 COMBINATION HOLD DOWN CLIPS AND SWAY BRACES - spring loaded with locking nuts.
x TWO (2) TTI-1150 HOSE RACKS - FULL LENGTH, 30″ wide, Z-frame mounted on structural supports with formed removable aluminum pans, 9″ side rails and drain troughs at rear with integral hose retainers and steps.
x TWO (2) HOSE RACK DRAINS - 1″ clear tube to drip pan under rear valves. x TTI-1154 - REAR HOSE SUPPORT
x TWO (2) TTI-1155 FENDER ASSEMBLIES - formed reinforced steel flaps and mud flaps, integral with hose racks.
x TTI-1109-TN REAR BUMPER – NON-CODE
x DOT-FMVSS-108 LIGHTS AND ELECTRICAL – TRUCK-LITE LED (LIGHT EMITTING DIODE) LIFETIME LIGHTING SYSTEM, vapor proof, easy seal electrical harnesses and junction distribution modules including:
x FOUR (4) COMBINATION STOP, TAIL AND DIRECTIONAL – Truck-Lite – 44202 R LED red.
x TWO (2) BACK UP LIGHTS (TRUCK ONLY) - Truck-Lite – 44205-C LED clear. x TWO (2) COMBINATION STOP, TAIL & DIRECTIONAL (SEMI w/out BACK- UP LIGHTS) – Truck-Lite – 44202R LED red.
x TWO (2) WORK LIGHTS – Truck-Lite 81714 LED.
x TWO (2) COMBINATION MID-TURN AND CLEARANCE – Truck-Lite – 60275 Y LED amber.
x TWO (2) CLEARANCE LIGHTS – Truck-Lite – 10250R LED red. x FOUR (4) CLEARANCE LIGHTS – Truck-Lite – 10250Y LED amber. x TWO (2) REFLECTORS – Truck-Lite – 98006R red.
x FOUR (4) REFLECTORS – Truck-Lite – 98006Y amber.
x ONE (1) THREE LIGHT CLUSTER – Truck-Lite – 10732 stainless steel mount and three (3) Truck-Lite – 10250R LED red clearance.
x ONE (1) STOP LIGHT – Truck-Lite 60250R LED red mounted rear center at maximum height.
x ONE (1) LICENSE ILLUMINATOR – Truck-Lite – 15041 LED with TTI aluminum bracket and step.
x ONE (1) ABS LIGHT (SEMI ONLY) – Truck-Lite – 30230Y LED yellow. x ONE (1) NOSE BOX (SEMI ONLY) –Haldex BE26100, 7 and 6 wire connections. x DUST/ROCK SHIELDS installed over electrical in rear fender assemblies. x DOT-FMVSS-108 CONSPICUITY SYSTEM - 3M Scotch-Lite Series 980, 2″ wide Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 40 of 55

54 www.nixon-egli.com
x S. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 x (909) 930-1822 x FAX (909) 923-2356 x N. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 x (209) 830-8600 x FAX (209) 830-8884 x FOUR (4) DOT PLACARDS - Labelmaster No.126 CT-B with TTI-1231 ALUMINUM GUARDS. x SET STAINLESS STEEL INSTRUCTION, IDENTIFICATION AND NAMEPLATES.

COMPLETE UNIT - sandblasted, primed and painted in customer’s choice of ONE (1) COLOR:

Epoxy Primer and Polyurethane Paint.

NOTE: There will be EXTRA CHARGES for custom colors, metallic and multicolor finishes.

PUMP INSTALLATION OPTIONS:
THOMPSON VC-565-M4R VACUUM-PRESSURE PUMP, SIDE MOUNTED WITH 4” SUCTION FILTER AND 4-WAY MANIFOLD
PTO – PC/CS INSTALLED
OVERSPEED PROTECTION DEVICE
PARKING BRAKE INTERLOCK
CLEAN, PRIME AND PAINT
OPTIONAL TANK EQUIPMENT:
TTI-2107-4, 4″ CENTRIFUGAL SCRUBBER (VACUUM LIQUID SEPERATOR) WITH STAINLESS STEEL MIST EXTRACTOR AND 2″ STAINLESS STEEL DRAIN VALVE. 2″

MI PLATED CAMLOCK ADAPTER WITH SEAL CAP
ONE (1) OSHA CATWALK, FULL LENGTH ON LEFT (DRIVER’S SIDE) WITH

REMOVABLE ALUMINUM GRIPSTRUT WALK WITH REINFORCED SUPPORTS AND OSHA TYPE HANDRAILS, 42″ HIGH WITH ONE (1) MIDRAIL AND TTMA-1150-9 SIDE

RAIL TOE PLATES EXTENDED DOWN REAR WITH GRIPSTRUT STEPS TO TOP OF BUMPER
GARNET MODEL 808P2 SEE LEVEL ELECTRONIC LIQUID LEVEL GAUGE ASSEMBLY with stainless comp fittings and LCD display.
TTI-1109-FB-T, FITTING BASKETS – TWO (2) EACH STEEL TOOL BOXES, 16” TALL x 24” WIDE x 21” DEEP, INTEGRATED INTO REAR BUMPER STEPS WITH PADLOCKED,

DIAMOND PLATE HINGED COVER
TTI-1210-65 PRESSURE WASH DOWN SYSTEM, 65 GALLON CAPACITY, ASME CODE FOR 110 PSI MAWP, FRAME MOUNTED, INCLUDING:
x Air pressure manifold from air brake system with a pressure regulator, pressure gauge 0- 150 PSI, check valve, shut-off valve, discharge valve, bleeder valve and protection valve. x Tank system with a inlet, discharge, pressure relief, drain, and constructed of SA-240- 304/304L stainless steel
x Hose reel system shall be live reel with spring return, 50 feet of ¾-inch hose, with ball stop and spray nozzle.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 41 of 55

55 www.nixon-egli.com
x S. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 x (909) 930-1822 x FAX (909) 923-2356 x N. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 x (209) 830-8600 x FAX (209) 830-8884 Leadtime: 6-12 Weeks After Receipt of Chassis and Order.

This Quote is Valid for 30 Days
Thank you for the opportunity to quote on your equipment needs. If you have any questions, please feel free to contact me.

Sincerely,
Christian Velasco
Christian Velasco
NIXON-EGLI EQUIPMENT CO.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 42 of 55

56 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles

57 RUGGED CLASS
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles

58 The Model 567 is a workhorse ready to take on the toughest challenges. New product enhancements have made the Model 567 even better. The new standard 15-inch digital display provides a state-of-the-art driver interface that intuitively delivers information and integrates seamlessly with PTO controls and advanced driver assistance systems. Optional torque-assisted steering eases maneuverability around tight job sites. An enhanced electrical system simplifies integration and customized programming for a wide variety of vocational bodies and equipment.

The Model 567’s wide aluminum cab provides a more
ergonomic and comfortable workspace for drivers.

Stair-style steps and knurled grab handles allow for
easy ingress and egress. Enhanced visibility is achieved through the large one-piece windshield and sloped hood.

Redesigned side mirrors with large, heated mirror surfaces improve both visibility and reliability. Peterbilt’s signature, pod-mounted headlamps are durable, corrosion-resistant
and simple to replace.

RUGGED, RELIABLE & REWARDING
For more information on the Model 567, contact your local Peterbilt dealer or visitpeterbilt.

OPTIMIZED DRIVER

ENVIRONMENT
Combining durability with comfort and functionality,
the redesigned dash provides a more ergonomic and
comfortable workspace for drivers. The new 15-inch
digital display, new switches and updated steering
wheel and controls allow for easy operation and
maximized safety.

POWER

JOB DON
The Model 567
the PACCAR M
industry-leadin
and uptime.

DURABLE EXTERIOR
The durable aluminum cab is built for long-lasting
performance and the Metton® hood is lightweight, strong and impact resistant. The hood opens a full 90 degrees
for easier access and serviceability.

Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles

59 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 46 of 55

60 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 47 of 55

61 Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles Pa ge 48 of 55

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69 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3

DATE: November 21, 2023

TO: The City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Authorize reappropriation of budgeted Measure O Funds in the amount of $102,000 to fund the replacement of a breathing air compressor at Fire Station One

RECOMMENDATION

That the City Council approve reappropriating a portion of funds ($102,000) budgeted for grant matches in Fiscal Year 2023-24 Measure O Fund (Fund 104) and the corresponding Capital Outlay Fund (301) to instead, utilize those funds to replace a 20-year-old breathing air compressor used in refilling firefighter self-contained breathing apparatuses (SCBA).

(This item did not originate in Committee.)

BACKGROUND

On December 7, 2022, the City Council authorized the Fire Department to submit seven (7) grant applications for Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grants. The Fiscal Year 2023-24 adopted budget included $185,651 for local agency grant matches in Measure O Fund (Fund 104). Of the seven (7) federal grant applications, the Fire Department was awarded four (4) grants, requiring $82,934 in local agency grant matches. The Fire Department is requesting to utilize the balance of the budgeted funds in the amount of $102,000 for the purpose of replacing the high-pressure breathing air compressor at Fire Station One.

DISCUSSION

Firefighters often work in environments with poor air quality due to smoke and toxic fumes. SCBAs provide firefighters with a clean air supply, enabling them to breathe safely while working in hazardous conditions for an extended period of time. The breathing air fill station compressors take normal breathing air and pressurizes it for use in the SCBA tanks worn by firefighters. The compressor ensures that the SCBA tanks are continuously refilled with compressed clean air, allowing firefighters to maintain their air supply in hazardous environments. Currently, the Fire Department maintains two compressors at Fire Stations One and Eight. The compressor at Station One was purchased in 2003, 20 years ago, and is now beyond its useful life and experiencing mechanical failures that are increasingly difficult to source parts and expensive to repair. The Fire Department requires complete replacement of the unit. Breathing air fill stations are indispensable personal protective equipment for firefighters because they provide a continuous supply of clean, compressed air, ensuring firefighters' safety and quick response to emergencies.

There is currently no funding within the current Fire Department’s operating budget in the General Fund to purchase the air compressor. If the reappropriation of Measure O Funds (and corresponding Capital Outlay Fund) is approved, the Fire Department will utilize the NPP Gov Cooperative Purchasing Agreement #PS20095 for the purchase of a BAUER Compressor in an amount not to exceed $102,000.

STRATEGIC PRIORITIES

70 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

The cost of the Bauer Compressor is $90,793.39 and will not exceed the $102,000 for the full cost of installation. If approved, funds in the amount of $102,000 will be reappropriated within the Measure O Fund (Fund 104) to fund the purchase and installation, as well as the corresponding transfer in and appropriation within the Capital Outlay Fund (Fund 301) in the same amount. A copy of the unexecuted contract, which does not require Council approval, is attached for reference only.

For Finance Use Only: Re-appropriate from Measure O Fund (Org. 1042501 Obj. 59800 Project M2403,04), Capital Outlay Fund (Org. 3012501 Obj. 49300 & 56040)

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Rodarte, Administrative Services Manager

ATTACHMENTS

1. CompressedAirSpecialties_Goods & Services Agreement 10.26

71 Agreement No. 32400274

GOODS & SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND COMPRESSED AIR SPECIALTIES, INC.

By This Goods & Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to purchase certain goods and engage the services of Compressed Air Specialties, Inc. (“CONTRACTOR”), and CONTRACTOR agrees to supply the required goods and 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 CONTRACTOR may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF THE GOODS AND SERVICES: Purchase and replacement of the air fill station compressor at Fire Station 1. The CITY will purchase the Bauer Unicus 4 Air Compressor System, cylinders and monitor (as stated in Quote Number 5616) to be delivered to CONTRACTOR to uncrate, test and fill storage cylinders. CONTRACTOR will then deliver it to the fire station for installation.

2. TERM OF THE AGREEMENT: From (Date): November 1, 2023 to June 30, 2024

3. AGREEMENT AMOUNT NOT TO EXCEED: $90,793.39

4. 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 Requireme nts: Insurance Exhibit INS-I

5. GOODS. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the goods, materials, equipment or supplies and related Services as described in Exhibit A.

5.1 Contractor will not be compensated for go ods, materials, equipment, or supplies a nd related services outside the scope of Exhibit A. Any Goods out the scope of Exhibit A are consid ered Additional Goods and before providing Additional Goods the following shall occur: (a) Contractor notifies City and City agrees that the Additional Goods are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Goods; and (c) City, after notice, approves in writing a Supplemental Addendum to this Agreemen t specifying the Additional Goods and the amount of additional compensation to be paid Contractor.

5.2 City will have no obligations whatsoever under this Ag reement or any Supplemental Addendum, unless and until this Agreement or any Supplemental Addendum to this Agreement is approved by the City as required by the Oxnard City Code. As used in this Agreement, the term “Goods” includes both Goods and Additional Goods as applicable.

6. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Agreement. Ci ty shall furnish to Contractor only the facilities and equipment listed below, if any.

CONTRACTOR will use current electrical supply for new compr essor. No additional labor shoul d be required. If additional electrical work is required it would be at the City of Oxnard’s expense

7. Delivery and Inspection of Goods, Materials, Equipment or Supplies.

7.1. Delivery. Unless otherwise stated by the City in writing, delivery of Goods shall be made to the City address set forth in Exhibit A. All shipments are Free on Board (F.O.B.) destination with freight prepaid unless otherwise stated.

72 Agreement No. 32400274
Contractor assumes full responsibility for all transportation scheduling and costs, including costs for containers, packing, handling, and insurance. The City reserves the right to request and receive a copy of the freight bill of lading on all purchases shipped F.O.B. prepaid and added.

Time is of the essence in the delivery. If delivery cannot be ma de as specified in Exhibit A or as otherwise stated by the City , Contractor shall notify the City immediatel y to request instructions on how to proceed and shall not make delivery before recei pt of instructions. Periods of performance may be extended if, in the sole judgment of the City, the cause of delay justifies an extension.

7.2 Inspections . Goods will be inspected at the destination before accep tance by an authorized representative of the City for workmanship, appearance, proper functioning of all equipment an d systems, and conformance to all other requirements of this Contract. The Goods shall be delivered to City free of any lie ns or encumbrances. Notwithsta nding the requirements for any City inspection and testing at the destination and except where specialized inspections or testing are specified for performance solely by the City, Contractor shall perform or have performed the inspections or tests required to substantiate that all Goods provided under the Contract conform to the drawings, specifications, and other Contract requirements, including, if applicable, the technical requirements for the manufacturer's part number(s) specified.

7.3 Deficiencies. If deficiencies in the Goods are discovered, Contractor shall correct and redeliver the Goods for re-inspection and acceptance. The period for payment and/or commencement of discount period (if applicable) does not begin until corrective action is complete. The cost of storing rejected Goods and the cost for shipping rejected Goods back to the Contractor or point of ori gin shall be paid by Contractor.

7.4 Inspection of Facilities . If requested by the City, Contractor shall provide the City with an inspection tour of Contractor's facilities where any Goods will be designed, manufactured, or assembled by Contractor.

8. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Goods remains with the Contractor until the Goods are delivered to, inspected, and accepted by the City, except when the loss or damage is due to the sole negligence of the City.

9. Payment & Compensation. The total of all fees paid to the Contractor for the provision of Goods and Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $100,00 0. The payments specified under this Agreement shall be the only payments made to Ag reement unless the City approves a supplemental addendum or Agreement.

9.1 The City shall pay all undisputed portions of any applicable invoice within forty-five (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 Contractor of the item(s) being disputed and the reas on(s) therefore. The City may withhold payment for such disput ed items until resolution of the dispute.

9.2 Contractor shall submit a payment request to City by the end of each calendar month listing the Goods and Services provided, costs of those Goods and Services, and total amount due for the month. Invoices may be emailed to: [email protected].

9.2.1 Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

9.2.2 All invoices submitted by Contractor must contain the following information:
(1) Job/Project Name
(2) City’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) City representative identified on the Purchase Order (7) Contractor’s remit address
(8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all app licable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Agreement (if applicable)

73 Agreement No. 32400274

9.2.3 Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correc tion. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comp ly with the invoice format described above.

9.3 Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Agreement and are only payable if specifically authorized in advance in writing by the City.

9.4 Miscellaneous Charges . No additional charges will be allowed unless sp ecified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.

9.5 Price Adjustments for Goods. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the City at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively.

The City must also be given the benefit of any decline in prices. If any price increase is granted by the City, the increase sh all not be greater than 3% from the prior year.

9.6 Purchase Orders . Unless otherwise stated, a purchase order will be issued to the Contractor on behalf of the City. Purchase orders will cite the quantity of Goods or Services request ed, the purchase amount, and time of performance. If the time of performance of this Contract extends beyond the close of the City's fiscal year, another purchase order may be issued. No purchase order supersedes any provision of this Contract. Contractor shall not deliver Goods or provide Services until Contractor receiv es a purchase order or other written notification by the City.

9.7 Additional Goods. Additional Goods shall be provided only when a S upplemental Addendum to this Agreement authorizing the Additional Goods is approved in writing by the City in accordance with the City’s Agreement amendment procedures. The City reserves the right to perform any Additional Services with its ow n staff or to retain other contractors to perform the Addition al Services.

9.8 Billing Disputes. The burden of proof shall be on the Contractor to establish the accuracy of its invoices. Upon presentation and verification of the information provided by Contractor, the C ity will review all records and make a final determination and present its finding to Contractor.

9.9 Accounting Records of Contractor . During performance of this Agreement and fo r a period of three years after completion of performance, Contractor shall maintain all accounting and financial records relate d to this Agreement, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Agreement and records of Contractor’s Reimbursable Expenses. Contractor shall ke ep and make records available for inspection and audit by representatives of the City upon reasonable written notice.

9.10 Sales Tax Requirements. The City is not exempt from paying sales tax. Sales tax must be shown on the invoice as a separate line item.

10. Funding Availability. This Agreement is subject to the budget and fiscal provisions of the City. The City’s payment obligation under this Agreement will not exceed the amount of funds approp riated and approved for this Agreement by the Oxnard City Council. This Section shall govern over any other contrary provision of the Agreement.

11. Designated Representatives. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations a nd contractual matters, and coordinate with each other to perform the services under th is Agreement.

CITY Designated Representative: CONTRACTOR Designated Representative:

Name: John Cecena Name: Shawn Townsend
Title: Battalion Chief Title: CAS Representative Phone: 805-603-5512 Phone: 714-991-8800 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address: 1340S. Simpson Circle, Anaheim CA 92806-5531 74 Agreement No. 32400274

12. 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 11. 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 d eemed given at the time of actual delivery. Changes may be m ade in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

13. Insurance. Contractor shall, at its sole cost and expense, obtain and maintain during the performance of this Agreement, the insurance coverage described in Exhibit D, attached and incorporated herein by this reference. Insurance must be issued by a company satisfactory to the City’s Risk Manager. Contractor shall, before performance under this Agreement, file with the Risk Manager evidence of insurance coverage as specified in Exhibit D. Failure to maintain or renew insurance coverage or to provide renewal evidence shall be considered a material breach of this Agreement.

14. Indemnification. Notwithstanding the limits of any insurance, Contractor shall indemnify City, its officials, officers, agents, volunteers and employees against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold City, its officials, volunteers, officers, agents, and employees harmless therefrom; c. In the event the City, its officials, officers, agents, volunteers or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the City.

This Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

15. Ownership of Contractor’s Work Product, Confidentiality & Disclosure.

15.1 City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photo sharing, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. 75 Agreement No. 32400274

15.2 All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.

15.3 Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten- day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.

15.4 The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection 15.2, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.

15.5 Contractor 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 Contractor by the City or other information to which the Contractor 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.

15.6 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 Contractor in reliance on any Confidential Information disclosed under this Agreement.

16. Independent Contractor. Contractor 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 Contractor or any of its employees, except as stated in this Agreement. Contractor 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 Contractor. This Agreement shall not be interpreted to prevent or preclude Contractor from rendering any services for Contractor’s own account or to any other person or entity as Contractor in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the Contractor shall perform for the City. The City retains the right to provide general instructions to and observe the Contractor in the performance of all services done on behalf of the City.

Contractor 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.

Contractor and its employees are not employees of City. Contractor 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. Contractor 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.

17. Conflict of Interest. Contractor 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 Contractor’s services under this Agreement. Contractor further covenants that in the performance of services under this Agreement, no officer, employee or agent of Contractor having such interest shall be employed by it. In the event the City determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file 76 Agreement No. 32400274
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 Contractor may result in termination of this Agreement by the City.

18. Confidentiality of City Information. During performance of this Agreement, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent.

In addition, Contractor must comply with all City policies governing the use of the City network and technology systems. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.

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.

20. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.

21. Termination of Agreement. The City shall have the right to terminate this Contract upon fifteen (15) calendar day’s written notice pursuant to Section 12. 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. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice and deliver all information prepared under this Contract to the City. The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

22. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.

22.1 The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.

22.2 Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.

22.3 Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. 77 Agreement No. 32400274

22.4 City's inspections, approval, acceptance, or payment for all or part of any Goods and Services will in no way affect City's warranty rights.

23. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

24. 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.

25. 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.

26. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.

27. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.

28. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

29. 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.

30. 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.

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

78 Agreement No. 32400274

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 [CONTRACTOR]

Jennifer Yates, 1 Date Shawn Townsend Date Purchasing Manager CAS Representative

APPROVED AS TO FORM:

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

1 The Purchasing Agent may execute any authorized agreement up to $200,000. 79 Agreement No. 32400274

EXHIBIT A

SCOPE OF SERVICES

Project Overview
Purchase and delivery of Bauer high pressure breathing air compressor for refilling firefighter SCBA’s used by Oxnard Fire Department.

Project Scope
New compressor installation. To include:
 New Bauer Unicus 4S Air Compressor System
18 cfm, 6,000 psi, 15 hp, 2 year warranty
Electronic CO monitor - per Cal/OSHA
(4) ASME air storage cylinders with Cal/OSHA stamping/certification  Compressor will be delivered to CONTRACTOR to uncrate, test and fill storage cylinders. CONTRACTOR will then bring to Fire Station 1 with a forklift if necessary for installation.  Removal and disposal of current Bauer UNII25H-E3 air compressor  Installation of new Bauer unit in place of old unit.
 Note: Customer is responsible for providing a wall mounted electrical disconnect box for us to connect to.  CAS will use current electrical supply for new compressor. No additional labor should be required. If additional electrical work is required it would be at the City of Oxnard’s expense.  Training of staff on operation of new unit

Project Management
All work to be managed by Shawn Townsend of Compressed Air Specialties.

Schedule Summary
Installation date to be determined by Bauer when order is received

80 Agreement No. 32400274

EXHIBIT B

SCHEDULE OF COMPENSATION

Qty Item Description U/M Price Amount
1 UN4S/18H-E3 Bauer Unicus 4 Air Compressor System ea 79,818.00 79,818.00T 18 cfm, 6,000 psi, 15 hp, 230/460 vac, 3 phase, (2)
integrated ASME code storage cylinders, (3) position 5,500 psi containment fill station
2 /CYL-9/6k Additional 6,000 psi ASME cylinde r ea 4,900.00 9,800.00T 1 GT/CO/III Electronic Carbon Monoxide Monitor with calibration kit ea 4,331.00 4,331.00T Subtotal 93,949.00
15% 15% Discount -15.00% -14092.35
1 Shipping - Unicus Shipping - Unicus ea 3,300.00 3,300.00 1 Labor Installation Labor hr 250.00 250.00
---- Note: Compressor will be delivered to CAS to uncrate, test 0.00 0.00T and fill storage cylinders. CAS will then bring to your facility with a forklift if necessary for installation. Customer is responsible for providing a wall mounted electrical disconnect box for us to connect to. A training class will be provided to personnel on proper filling procedures.

Includes removal and disposal of current system
Quotation Valid through January 2024 Subtotal $83,406.65 Sales Tax (9.25%) $7,386.74
Total $90,793.39
81 Agreement No. 32400274

EXHIBIT C
Exhibit INS-I

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, install ation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, including Contractual Li ability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claima nt for general liability with coverage equivalent to Insuranc e Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that lim it 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 fo r 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 th e attached forms or on other forms approved by the Risk Manager. All certif icates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete cer tified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not recei ved 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’ pr ior written notice to the Risk Manager. Th e 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 ac tivities performed by or on behalf of vendor; products and completed opera tions of vendor; premises owned, occupied or used by vendor; o r automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of prote ction afforded to City, its City Council, officers, employees and volunteers. The General Liability Speci al 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 contri buting to or in excess of any existing City insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall incl ude a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with re porting provisions of the policies shall not affect coverage pr ovided to City, its City Council, officers, employees and volunteers. The in surance shall apply separately to each insured against whom c laim is made or suit is brought, except with resp ect 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.

1/23
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Exhibit INS-I

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND

ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provid ed to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insuran ce exhibit identification information completed.

Improperly addressed certificates may delay the contract st art-up date because the City ’s practice is to return unidentifiable insurance certificat es to the insured for clarifica tion as to the contract number.

Cancellation
provisions must be endorsed to th e 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 gene ral liability and business automobile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-I.doc

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84 Agreement No. 32400274

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85 Agreement No. 32400274

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86 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4

DATE: November 21, 2023

TO: City Council

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]

SUBJECT: Ordinance of the City Council Prohibiting Single-Use Plastic Foodware

RECOMMENDATION

That the City Council adopt the Ordinance No. 3033 entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single- Use Plastic Foodware."

(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))

(Public Works and Transportation Committee approved 3-0)

BACKGROUND

On July 28, 2022, the City Council adopted Ordinance No. 3017, which Restricted the Distribution of Single-Use Foodware Accessories and Standard Condiments. The ordinance was adopted in response to Assembly Bill (“AB”) No. 1276, which required Cities to pass an ordinance regulating the use and distribution of single-use foodware and required that food facilities only distribute single-use foodware such as utensils, stirrers, splash sticks, condiment packets and plastic straws when requested by a consumer. In order to comply with AB 1276, the City was required to pass an ordinance prohibiting the distribution of single-use foodware. This ordinance regulated how single-use foodware accessories that are commonly made of plastic are distributed but did not ban the use.

On June 30, 2022, California Governor Gavin Newsom signed Senate Bill (“SB”) No. 54 into law. SB 54 established the Plastic Pollution Prevention and Packaging Producer Responsibility Act, authorizing CalRecycle to create and implement new recyclability and compostability standards for plastic packaging. SB 54 requires the City to collect and recycle or compost materials CalRecycle identifies as recyclable and compostable and designates as a "covered material" pursuant to Public Resource Code section 42041(e)(1)(A) and (B)(i) and (ii). CalRecycle is slated to publish a list of covered materials by January 1, 2024. Once the list of covered materials is published the City is obligated to recycle or compost all the covered material including single-use plastic foodware. The City may file for an extension or exemption with CalRecycle that may relieve the City from recycling certain covered materials.

The City’s Del Norte Refuse and Recycling Facility, similar to many others in the waste industry, does not have existing machinery that can recycle single-use plastic foodware. However, the extension and exemption may not relieve the City of its obligations with respect to single-use plastics under SB 54. However, SB 54 does provide authority for a local jurisdiction, such as the City, to pass an ordinance prohibiting the use and distribution of single-use plastic foodware items in the City. The passage of an ordinance prohibiting the use of single-use plastic foodware relieves the City of its obligation to recycle single-use plastic foodware and from having to navigate the exemption and or extension options provided to local jurisdictions under SB 54.

A prohibition of single-use plastic foodware will have environmental benefits, because single-use plastic foodware is not currently processable at local waste collection facilities and therefore is sent to the landfill where it is slow to degrade, 87 leach chemicals into the environment, and breaks down into microplastics that negatively affect local wildlife and marine animals.

DISCUSSION

Amending sections of Article XXIV of Chapter 7 of the Oxnard City Code to ban the use and distribution of single-use plastic foodware at food facilities to help reduce local plastic debris in our community and help further the City’s goals under the City’s Climate Action Adaptation Plan (CAAP).

Materials to be Included in the Proposed Ordinance

This Ordinance will apply to all single-use plastic foodware as defined below:

Plastic - Means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives.“Plastic” includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE),polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid(PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). “Plastic”does not include natural rubber or naturally occurring polymers such as proteins or starches.

Plastic Foodware - Means single-use foodware made partially or entirely of plastic. Plastic foodware is neither compostable or recyclable.

Single Use - Means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

Exemptions to the Proposed Ordinance

This Ordinance makes the following exemptions for single-use plastic foodware products from the provisions of this article:

1. Correctional institutions, which have the same meaning as in Cal. Penal Code, Section 7502.

2. Health care facilities licensed pursuant to Cal. Health and Safety Code, Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 or facilities that are owned or operated by a health care service plan licensed pursuant to Cal. Health and Safety Code, Chapter 2.2 (commencing with Section 1340) of Division 2.

3. Residential care facilities licensed pursuant to Cal. Health and Safety Code, Division 2 (commencing with Section 1200).

Businesses Subject to the Ordinance

This Ordinance will apply to Food Facilities, which is defined in accordance with California Health and Safety Code section 113789, which states that a “Food facility” is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food; and (2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. Additionally, a Food facility includes permanent and nonpermanent food facilities.

Ordinance Implementation/Enforcement

This Ordinance will take effect January 1, 2024. However, enforcement actions under the ordinance will not begin until January 1, 2025, to allow time for outreach to the impacted businesses and organizations, and coordination with the City’s Community Development, Code Compliance and Environmental Resources departments. This period will also allow businesses and organizations to use previously purchased non-compliant product(s) and receive information about resources for compliant products. This enforcement date of the Ordinance is consistent with the requirements of SB54.

Food facilities will not be cited for violations until January 1, 2025. Upon a first violation, the City shall issue a written 88 Notice of Violation to the offending establishment, person or business. If, after the specified correction period, the violation is not ceased or abated, violators of the Ordinance would be subject to the fine structure in Section 7-345(B), where first and second violations of this article will result in notice of violations and any subsequent violation shall constitute an infraction punishable by a fine of $25 for each day in violation, but not to exceed $300 annually. Any further violation of the Ordinance may be subject to administrative action pursuant to the procedures set forth in Article III of Chapter 7 and based on the City’s schedule of fines.

Community Outreach

The goal of the City’s outreach is to help businesses find affordable, compliant products that work for their business needs. City staff and volunteers will help to ensure that the transition away from single-use plastic foodware is as smooth and affordable as possible for the business community. City staff will develop resources to help businesses, and provide one-on-one assistance as needed. Staff will also engage with the local organizations, business community, and non-profit organizations with different outreach methods including social media, mailers, meetings, and door to door conversations with affected businesses.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. Ordinance 3033

2. Presentation Single Use Plastics

89 CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3033

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

OXNARD, CALIFORNIA AMENDING ARTICLE XXIV OF
CHAPTER 7 OF THE OXNARD CITY CODE PROHIBITING THE

USE AND DISTRIBUTION OF SINGLE-USE PLASTIC

FOODWARE
WHEREAS, California Governor Gavin Newsome signed Senate Bill (“SB”) 54 into law on June 30, 2022; and
WHEREAS, SB 54 established the Plastic Pollution Prevention and Packaging Producer Responsibility Act, authorizing CalRecycle to create and implement new recyclability and compostability standards for plastic packaging; and
WHEREAS, under SB 54 the City is required to collect and recycle or compost materials CalRecycle identifies as recyclable and compostable (“covered materials”); and WHEREAS, CalRecycle’s deadline to publish this list of recyclable and compostable materials is January 1, 2024; and
WHEREAS, the City is not required to collect any covered material that the City prohibits via ordinance by January 1, 2024; and
WHEREAS, single-use plastic foodware cannot be recycled locally at this time; and WHEREAS, prohibiting the use or distribution of certain covered material within the City will reduce the amount of covered material that the City’s environmental resources division has to process; and
WHEREAS, single-use plastic foodware is frequently used by restaurants and food establishments, including mobile food trucks/vehicles/food vendors, street and sidewalk vendors, and outdoor food sales, as containers for take-out food orders or for leftover food after dining; and
WHEREAS, in January of this year the City adopted an ordinance prohibiting the use, manufacture, and distribution of expanded polystyrene (“EPS”) foodware; and WHEREAS, many cities throughout California have adopted ordinances prohibiting or restricting the distribution of single-use plastic foodware, requiring cost-effective reusable, recyclable, and/or compostable alternatives be used instead; and 90 Ordinance 3033

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WHEREAS, the City intends to enact policies and ordinances in furtherance of the Plastic Pollution Prevention and Packaging Producer Responsibility Act.

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

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

Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Parts 3, 4, 5 and 6 of this Ordinance to Chapter 7, Article XXIV as set forth below.

Part 3. Section 7-342 of the City Code is hereby amended to read as follows: The following definitions are added alphabetically as subsections (B), (D), (H) and (I) and, with the following subsections re-lettered accordingly as set forth below:
“(A) AB 1276 - The California State Assembly Bill regulating the distribution of single- use foodware accessories by food vendors to be made available only upon request of the consumer.
(B) SB 54 – The California Senate Bill entitled the Plastic Pollution Prevention and Packaging Producer Responsibility Act requires local jurisdiction to either recycle or prohibit the distribution of certain covered materials, which include but are not limited to single use plastic food ware.
(C) CONSUMER - Has the same meaning as in Cal. Health and Safety Code, Section 113757.
(D) COVERED MATERIAL – Has the same meaning as in Public Resources Code, Section 42041(e)(1)(A) and (B)(i) and (ii).
(E) FOOD FACILITY - Has the same meaning as in Cal. Health and Safety Code, Section 113789.
(F) READY-TO-EAT FOOD - Has the same meaning as in Cal. Health and Safety Code, Section 113881.
(G) REFILLABLE SELF-SERVICE DISPENSER - A container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion. (H) PLASTIC - means a covered material that is a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be 91 Ordinance 3033

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shaped into various rigid and flexible forms, and includes coatings and adhesives. “Plastic” includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE),polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid(PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). “Plastic” does not include natural rubber or naturally occurring polymers such as proteins or starches. (I) PLASTIC FOODWARE - means single-use foodware made partially or entirely of plastic.
(J) SINGLE-USE - Designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(K) SINGLE-USE FOODWARE ACCESSORY - All of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which are defined as forks, knives, spoons, sporks, and chopsticks. (2) Condiment cups and packets.
(3) Straws.
(4) Stirrers.
(5) Splash sticks.
(6) Cocktail sticks.
(7) Containers, including but not limited to bowls, plates, and trays. (8) Cups and cup lids.
(L) STANDARD CONDIMENT - Relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(M) THIRD-PARTY FOOD DELIVERY PLATFORM - Has the same meaning as in Cal. Health and Safety Code, Section 113930.5.”
Part 4. Section 7-343 of the City Code is hereby amended as follows: The section title has been changed, subsections (A) and (B) are added, and the following subsections re-lettered accordingly as set forth below:
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“SEC. 7-343. REQUIREMENTS FOR FOOD FACILITIES.
(A) No food facility shall use or distribute any single-use plastic foodware within the City of Oxnard.
(B) Food facilities within the City of Oxnard may only use and distribute non- plastic foodware in accordance with this section.
(C) Except as provided in divisions (E) and (F), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any plastic foodware, and shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(D) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(E) A food facility may ask a drive-through consumer if the consumer wants a single- use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (F) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(G) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food. (H) Nothing in this section shall prohibit a food facility from making unwrapped single- use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained. 93 Ordinance 3033

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(I) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. (J) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
(K) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.”
Part 5. Section 7-344(B)(4) of the City Code is hereby amended as follows:
“(4) Public and private school cafeterias, as referenced in Cal. Health and Safety Code, Section 113789(b)(1), are partially exempt from this Article with the exception of Section 7- 343 subparagraphs (A) and (B).” .

Part 6. Section 7-345 of the City Code is hereby amended to add subparagraph (F) as set forth below:
“(F) Enforcement of violations involving single-use plastic foodware will begin on January 1, 2025.”
Part 7. This ordinance is exempt from the California Environmental Quality Act under section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Part 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.

Part 9. 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 10. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the 94 Ordinance 3033

Page 6 of 6 ends

City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3033 was first read on November 7, 2023, and finally adopted on November 21, 2023, to become effective January 1, 2024.

APPROVED AND ADOPTED this 21st day of November, 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
95 Ordinance to Prohibit Single-Use
Plastic Foodware
Chelsey Ballot, Deputy City Attorney
City Attorney Office
City Council
11/21/2023
96 Recommendation
2 That the City Council adopt the ordinance entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single-Use Plastic Foodware."
(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))
97 Background
• June 30, 2022 - Governor Gavin Newsom signed Senate Bill (“SB”) 54, establishing the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
• SB 54 requires the City to collect and recycle or compost materials CalRecycle identifies as recyclable and
compostable and designates as a "covered material"
pursuant to Public Resource Code section 42041(e)(1)(A) and (B)(i) and (ii).
• SB 54 provides local jurisdictions, such as the City, authority to pass an ordinance prohibiting the use and
distribution of single-use plastic foodware items in the City. 3 98
Background
• A City ordinance prohibiting the use of single-use plastic foodware relieves the City of its obligation to recycle single-use plastic foodware.
• Prohibiting single-use plastic foodware will have environmental benefits.
4 99
Discussion
• This Ordinance will apply to all single-use plastic foodware as defined below:
• Plastic - Means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and
flexible forms, and includes coatings and
adhesives.“Plastic” includes, without limitation,
polyethylene terephthalate (PET), high density
polyethylene (HDPE),polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene
(PS), polylactic acid(PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and
polyhydroxybutyrate (PHB). “Plastic”does not include
natural rubber or naturally occurring polymers such as
proteins or starches.
5 100
Discussion
● Plastic Foodware - Means single-use foodware made partially or entirely of plastic. Plastic foodware is neither compostable or recyclable.
● Single Use - Means designed to be used once and then
discarded, and not designed for repeated use and sanitizing. 6 101
Exemptions
• This Ordinance makes the following exemptions for single-use plastic foodware:
• Correctional institutions, which has the same meaning as in Cal. Penal Code, Section 7502.
• Health care facilities licensed pursuant to Cal. Health and Safety Code, Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 or facilities that are owned or operated by a health care service plan licensed pursuant to Cal. Health and Safety Code, Chapter 2.2 (commencing with Section 1340) of Division 2.
• Residential care facilities licensed pursuant to Cal. Health and Safety Code, Division 2 (commencing with Section
1200).
7 102
Businesses Subject to the Ordinance
• Food Facilities - as defined in Cal. Health and Safety Code Section 113789 is an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food; and (2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. Additionally, a Food facility includes permanent and nonpermanent food facilities.
8 103
Implementation and Enforcement
• This Ordinance will take effect January 1, 2024, however enforcement actions under the ordinance will not begin until January 1, 2025, to allow time for outreach to the impacted businesses and organizations, and coordination with City’s Community Development, Code Compliance and
Environmental Resources departments.
• This period will also allow businesses and organizations to use previously purchased non-compliant product(s) and
receive information about resources for compliant products. • This enforcement date of the Ordinance is consistent with the requirements of SB54.
9 104
Community Outreach
• The goal of the City’s outreach is to help businesses find affordable compliant products that work for their business needs.
• Staff will engage with local organizations, business
community, and non-profit organizations with different
outreach methods including social media, mailers, meetings, and door to door conversations with affected businesses. 10 105
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.
11 106
QUESTIONS?
107

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: November 21, 2023

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Commercial Cannabis Financial Auditing Services Agreement with Avenu Insights & Analytics, LLC (10 minutes).

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a 3-year agreement (with an option for two 1-year extensions) (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.

(The Finance and Governance Committee approved 2-0 (Council member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/qFoNxUzFZ4A

BACKGROUND

The Oxnard City Code (OCC) allows the following cannabis uses: retail dispensaries (16 licenses); manufacturing (8 licenses); distribution (3 licenses); and testing laboratories (1 license). The OCC requires that after one full year of being in operation, all cannabis businesses will be subject to an annual audit. Based upon the OCC audit requirements and the timing associated with the opening of two retail cannabis operators (The Artist Tree and Releaf on Vine), two retail cannabis businesses will be required to submit an audit of their annual financial revenues in December 2023. The audit is required to be prepared by an independent certified public accountant, procured by the cannabis applicant, and submitted to the City for review and approval.

Given that the City does not have the technical expertise to audit cannabis business, in February 2023, the City issued a Request for Proposals (RFP) for cannabis auditing services. The City received a total of seven (7) proposals. Based upon the criteria identified in the RFP, City staff evaluated the proposals and selected three (3) firms to interview. Avenu was selected as the most qualified to perform the work due to their overall experience providing cannabis auditing services to other municipal organizations (see Attachment 1). The scope associated with the cannabis audit review will include:
verification of tax payments reported by cannabis businesses to the City and the California Department of Tax and Fee Administration (CDTFA), verification of the annual community benefits payment, verification of the ownership associated with each commercial cannabis business and an evaluation of each commercial cannabis businesses assets and liabilities.

On June 20, 2023, through a compliance fee study, the City established a Cannabis Compliance Fee (Ordinance No.3029), which included the cannabis permit renewal fee. In addition to the renewal fee, each cannabis business will be responsible for paying the City’s cost to procure the review of the cannabis audit, plus the City’s 15% administrative fee.

The audit will be submitted when the applicant renews their permit. It is possible that a cannabis permit may be renewed pending securing an approved cannabis audit. The renewal process includes steps to secure approval of an audit post renewal of a cannabis permit.
108

The City negotiated the contract term with Avenu to provide commercial cannabis business audit services for 3-years (with an option for two 1-year extensions) at a fixed cost of $7,500 per audit and a not-to-exceed total contract amount of $570,000. The contract maximum was established with the assumption that the cannabis program and business opening would gradually increase over the next five years in alignment with the number of cannabis businesses allowed under the OCC. Through implementation of the cannabis program, including audit outcomes, it is possible that audit frequency may change. The City continues to evaluate the cannabis program, looking for ways to streamline the process, and facilitate business development. Any OCC changes, including changes in the frequency of the audit, would occur through an amendment to the OCC.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

The estimated cost of the contract over five years (including an option for two 1-year extensions) and the corresponding revenue is as follows:

FISCAL YEAR EST. COST EST. REVENUE
(INC. 15% ADMIN FEE)
FY 2023-24 $22,500 $25,875
FY 2024-25 $82,500 $94,875
FY 2025-26 $120,000 $138,000
FY 2026-27 $172,500 $198,375
FY 2027-28 $172,500 $198,375

There is sufficient FY2023-24 funding available from the existing Community Development operating budget. Funding of future years as well as anticipated revenue will be included in the recommended budget of each fiscal year.

For Finance Use Only: General Fund (Org. 1014101 Obj. 41450 & 53200)

COMMITTEE OUTCOME

The Finance & Governance Committee approved 2-0 (Council member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval. There were no public comments on this agenda item.

Committee members asked about the origins of the required audit fee and the application to the OCC.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Agreement No. 3240018 with Avenu Insights & Analytics, LLC

2. Committee Staff Report 10.24.23

3. November 21, 2023 Presentation

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Kathleen Mallory, Planning & Sustainability Manager
Community Development Department
Finance & Governance Committee
October 24, 2023
Commercial Cannabis Financial Auditing
Services Agreement with
Avenu Insights & Analytics, LLC
170
Background 2
• Oxnard City Code (OCC) allows the following cannabis
uses:
- Retail dispensaries (16 licenses);
- Manufacturing (8 licenses);
- Distribution (3 licenses); and
- Testing laboratories (1 license).
• OCC requires after one year of operation, all commercial cannabis businesses will be subject to an annual financial audit.
• Financial audit required to be prepared by an independent certified public accountant, procured by the cannabis
applicant, and submitted to the City for review and approval. 171
Background 3
• City does not have technical expertise to audit cannabis business. February 2023, City issued Request for Proposals (RFP) for cannabis auditing services.
• City received seven (7) proposals. Based on criteria within RFP, three (3) firms were interview by staff.
• Avenu was selected as the most qualified to perform the work due to their overall experience providing cannabis financial auditing services to other municipal organizations.
172
Background 4
• Scope associated with the cannabis audits will include:
○ Verification of tax payments reported by the cannabis businesses to the City and the California
Department of Tax and Fee Administration (CDTFA);
○ Verification of the annual community benefits payment; ○ Verification of the ownership; and
○ Evaluation of assets and liabilities.
173
Background 5
• June 20, 2023, City Council approved a compliance fee study to cover the cost of the audit (Ordinance No.3029), which included the cannabis permit renewal fee.
• Each cannabis business responsible for paying the City’s cost to procure the review of the cannabis financial audit, plus the City’s 15% administrative fee.
• Financial audit fee will be submitted when the applicant renews their commercial cannabis business permit/annually. • Renewal process includes steps to secure approval of an audit post renewal of cannabis permit.
174
Background 6
• City negotiated the contract term with Avenu to lock the cost for a 3-year term (with an option for two 1-year
extensions/lock for 5-years) = fixed cost $7,500 per audit, plus 15% City admin. processing fee.
• Not to exceed total contract amount of $570,000.
• Contract maximum was established understanding that
cannabis program/business openings would gradually
increase over the next five years; and not exceed the
number of cannabis businesses allowed under the OCC.
175
Background 7
• City staff will continue to evaluate cannabis program, including audit outcomes; it is possible changes to financial audit frequency may occur in the future.
• City continues to evaluate the cannabis program;
developing ways to streamline the process, and facilitate business development.
• Potential OCC changes, including changes in the frequency of the financial audit, would occur through an amendment to the OCC.
176
Financial Impact 8
Fiscal Year Estimated Cost Estimated Revenue
(Inc. 15% Admin Fee)
FY 2024 $22,500 $22,838
FY 2025 $82,500 $83,738
FY 2026 $120,000 $121,800
FY 2027 $172,500 $175,088
FY 2028 $172,500 $175,088
• Estimated cost of the contract over five years (including an option for two 1-year extensions) and the corresponding revenue is as follows:
• There is sufficient FY2023-24 funding available from the existing Community Development (CD) operating budget.
• Future year funding, and anticipated revenue will be
included in the recommended CD budget request per fiscal year.
177
Recommendation 9
That the Finance and Governance Committee recommend
that the City Council approve and authorize the Mayor to execute a 3- year agreement (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial
auditing services.
178
Questions?
179

Kathleen Mallory, Planning & Sustainability Manager
Community Development Department
City Council
November 21, 2023
Commercial Cannabis Financial Auditing
Services Agreement with
Avenu Insights & Analytics, LLC
180
Background 2
• Oxnard City Code (OCC) allows the following cannabis
uses:
- Retail dispensaries (16 licenses);
- Manufacturing (8 licenses);
- Distribution (3 licenses); and
- Testing laboratories (1 license).
• OCC requires after one year of operation, all commercial cannabis businesses will be subject to an annual financial audit.
• Financial audit required to be prepared by an independent certified public accountant, procured by the cannabis
applicant, and submitted to the City for review and approval. 181
Background 3
• City does not have technical expertise to audit cannabis business. February 2023, City issued Request for Proposals (RFP) for cannabis auditing services.
• City received seven (7) proposals. Based on criteria within RFP, three (3) firms were interview by staff.
• Avenu was selected as the most qualified to perform the work due to their overall experience providing cannabis financial auditing services to other municipal organizations.
182
Background 4
• Scope associated with the cannabis audits will include:
○ Verification of tax payments reported by the cannabis businesses to the City and the California Department of Tax and Fee Administration (CDTFA);
○ Verification of the annual community benefits payment; ○ Verification of the ownership; and
○ Evaluation of assets and liabilities.
183
Background 5
• June 20, 2023, City Council approved a compliance fee study to cover the cost of the audit (Ordinance No.3029), which included the cannabis permit renewal fee.
• October 24, 2023, the Finance and Governance Committee voted 2-0 (1 Council member absent) to approve the staff recommendation and to forward the item for Council
approval.
• Each cannabis business responsible for paying the City’s cost to procure the review of the cannabis financial audit, plus the City’s 15% administrative fee.
• Financial audit fee will be submitted when the applicant renews their commercial cannabis business permit/annually. 184
Background 6
• Renewal process includes steps to secure approval of an audit post renewal of cannabis permit.
• City negotiated the contract term with Avenu to lock the cost for a 3-year term (with an option for two 1-year
extensions/lock for 5-years) = fixed cost $7,500 per audit, plus 15% City admin. processing fee.
• Not to exceed total contract amount of $570,000.
• Contract maximum was established understanding that
cannabis program/business openings would gradually
increase over the next five years; and not exceed the
number of cannabis businesses allowed under the OCC.
185
Background 7
• City staff will continue to evaluate cannabis program, including audit outcomes; it is possible changes to financial audit frequency may occur in the future.
• City continues to evaluate the cannabis program;
developing ways to streamline the process, and facilitate business development.
• Potential OCC changes, including changes in the frequency of the financial audit, would occur through an amendment to the OCC.
186
Financial Impact 8
Fiscal Year Estimated Cost Estimated Revenue
(Inc. 15% Admin Fee)
FY 2023 - 2024 $22,500 $25,875
FY 2024 - 2025 $82,500 $94,875
FY 2025- 2026 $120,000 $138,000
FY 2026 - 2027 $172,500 $198,375
FY 2027 - 2028 $172,500 $198,375
• Estimated cost of the contract over five years (including an option for two 1-year extensions) and the corresponding revenue is as follows:
• There is sufficient FY2023-24 funding available from the existing Community Development (CD) operating budget.
• Future year funding, and anticipated revenue will be
included in the recommended CD budget request per fiscal year.
187
Recommendation 9
That the City Council approve and authorize the Mayor to execute a 3- year agreement (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.
188
Questions?
189

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: November 21, 2023

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Revision to the Planning Commission Rules and Procedures (Bylaws) (20 minutes)

RECOMMENDATION

That the City Council approve a Resolution adopting proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.

(The Finance & Governance Committee approved 2-0 (Council Member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.)

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

BACKGROUND

The Planning Commission Bylaws establish the Rules and Procedures for the Planning Commission, including, but not limited to, the purpose of the organization, who are its members, how officers are elected and resign, how meetings are conducted, communication protocols, and rules of conduct. The Planning Commission has the ability to change their Bylaws provided that the Bylaws are consistent with the Planning Commission's Duties as outlined within the current Bylaws. Section XIV of the current Bylaws state: “The rules and procedures may be amended at any regular meeting of the Commission by a majority of the members of the Commission, provided that the amendment has been submitted in writing at a previous meeting.” The Planning Commission’s Rules and Procedures (Bylaws) were last revised and adopted on July 18, 2019 (Planning Commission Resolution No. 2019-23 (Attachment 1)) to change the start time of the meeting from 7:00pm to 6:00pm.

On April 15, 2021, the Planning Commission requested a Study Session to review the Planning Commission Rules and Procedures regarding the role of “Subcommittees,” “Amendment of Rules and Procedures” in the and other general revisions.

The Rules and Procedures (Bylaws) Subcommittee was created by the Planning Commission on May 20, 2021. The subcommittee met five times between the Planning Commission meetings starting June 3, 2021, through August 5, 2021.

On August 5, 2021, the subcommittee moved to approve a resolution recommending the Planning Commission's adoption of revised Bylaws. On August 19, 2021, the Planning Commission voted 6-0, with one commissioner absent to approve Resolution 2021-21, establishing the revised Bylaws, subject to approval by the City Council.

Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s Office. As a result of that review, staff recommends minor changes to address minor clean ups and possible conflict with other legal requirements. The redlines for these changes are provided in Attachment 3.

Because the Planning Commission Bylaws have specific references to Robert’s Rules of Order, staff did not bring the 190
Planning Commission Bylaws for consideration by the Finance and Governance Committee until after the Court of Appeals issued its ruling on Measure M (which mandated the City use Robert’s Rule of Order) on February 17, 2023 and after the California Supreme Court declined to review the Court of Appeals’ decision regarding Measure M on April 26, 2023.

ANALYSIS/DISCUSSION

The proposed Bylaws, which are provided in Attachment 2, are a comprehensive update intended to reflect best practices and procedures of the Planning Commission, including those imposed by Measure M. The update also reorganizes the Bylaws into a more formalized layout. As a result, the changes cannot be shown line by line, therefore staff has summarized the primary changes by “Rule”:

1. RULE 1 - TITLE
This new section was added to establish the official title of the Commission as the “Planning Commission of the City of Oxnard, California”.

2. RULE 2 -PREFACE
This new section was added to establish the purpose and intent of the proposed Bylaws. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending the minor changes to provide clarity of scope and be consistent with City language in other documents.

3. RULE 3 - GENERAL PROVISIONS
This section was relocated from Section 1 of the current Bylaws. The proposed Bylaws adds the requirement that in addition to the Bylaws, each new Commission receive a copy of Robert’s Rules of Order, Newly Revised, and training on the Ralph M. Brown Act. The section also adds the language that the Planning Commission adopts the Bylaws to govern the conduct of its meetings. All other requirements are consistent with the current Bylaws.

4. RULE 4 - MEETINGS
This section was relocated from Section 2 of the current Bylaws. The proposed Bylaws formalizes the requirement to approve an annual calendar in the prior year. It also adds the requirements of the City’s Sunshine Ordinance, which requires that the legislative body and public shall have the agenda and attachments available 7 days before the regular meeting. All other requirements are consistent with the current Bylaws.

5. RULE 5 - MEETINGS AND HEARING PROCEDURES
This section incorporates both existing languages from sections 3 and 4 of the current Bylaws, as well as new language.
• Section A has been added to address the general requirements for each public hearing, including who is responsible for presiding over the meeting and accessibility of meetings in person and virtually. • Section B establishes that a quorum consists of four commissioners, consistent with the current Bylaws.

However, the proposed Bylaws add new procedures for what to do in the absence of a quorum due to absences. The proposed Bylaws also add procedural requirements for establishing a quorum when the absence of a quorum is a result of abstentions due to conflicts of interest. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending one change to clarify all members must be present to trigger the procedures for re-establishing a quorum. • Section C is consistent with the requirements of the current Bylaws. • Section D incorporates the standard public meeting procedures, including rules for public comments, such as incorporating the three (3) minute minimum time limit as required by Measure M. • Section E is consistent with the current Bylaws but has been revised to clarify that the approval of minutes shall occur under the consent agenda.
• Section F has been added to provide rules and procedures for Ex Parte Declarations for Public Hearings. • Sections G, H, I and J are consistent with the current Bylaws. 191
• Section K has been revised to change the adjournment time from 11:00 p.m. to 10:00 p.m. unless extended by two-thirds of the Planning Commission present and eligible. This is consistent with City Council procedures.

6. RULE 6 - CONDUCT OF PUBLIC HEARING
This section was relocated from section 5 of the current Bylaws. The purpose section was added to reflect the goals and purpose of the Planning Commission, as it relates to creating an open and public meeting. Paragraph two of section B was added to allow for those making a threat of violence to be referred to the Oxnard Police Department.

Section C has been updated to incorporate current practices. The primary changes include allowing for a 15-minute presentation by applicant teams and allowing for both the staff and applicants to respond to public testimony. Sections D, E, and F are consistent with the current Bylaws. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due to concerns over potential conflicts with the Brown Act.

7. RULE 7 - COMMUNICATIONS AND REPORTS OF THE COMMISSION This section was relocated from Section 6 of the current Bylaws. Section A is consistent with the current Bylaws.

Section B was revised to add limitations on font size, spacing, and page limits on written materials submitted for public comment. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due to concerns over potential conflicts with the Brown Act.

8. RULE 8 - ELECTION AND DUTIES OF OFFICERS
This section was relocated from Section 7 of the current Bylaws. The section has been revised to include rules and procedures for the election of Chair and Vice-Chair. The section also has been revised to include procedures for unanticipated vacancies which allow for the Planning Commission to vote on a replacement, who would serve until the next regular election. Language has also been added to establish protocols for what to do in the event both the Chair and Vice-Chair are absent. Pursuant to the new rules, the immediate past chair shall preside at the meeting. If the immediate past chair is not present, the most senior member of the Commission shall perform the duties of the Chair. Lastly, procedures for the removal of an elected officer by at least a two-thirds vote of the Planning Commission when all members are present.

9. RULE 9 - SEATING ARRANGEMENT
This section was relocated from Section 12 of the current Bylaws. The section is generally consistent with the current Bylaws but have been revised to base the seating arrangement for all members except for the Chair and Vice-Chair to be based on seniority.

10. RULE 10 - RESTRICTION ON REPRESENTATION
This section was relocated from Section 8 of the current Bylaws. This section is consistent with the current Bylaws.

11. RULE 11 - CONDUCT OF COMMISSION MEMBERS
This new section was added to establish the expectations for the decorum of the Planning Commission and require that they are familiar with the Parliamentary Procedures.

12. RULE 12 - RECORD OF MEETINGS
This section was relocated from Section 9 of the current Bylaws. This section is consistent with the current Bylaws.

13. RULE 13 - SUBCOMMITTEES
This section was relocated from Section 10 of the current Bylaws. This section has been revised to require that the subcommittee have a minimum of 2 members and clarify that the Subcommittee is still subject to the Planning Commission and subject to the commission’s authority, direction, and rules.

14. RULE 14 - PARLIAMENTARY PROCEDURE
This section was relocated from Section 11 of the current Bylaws. This section is consistent with the current Bylaws.

15. RULE 15 - RESIGNATION
This section was relocated from Section 13 of the current Bylaws. This section is consistent with the current Bylaws. 192

16. RULE 16 - ADOPTION AND AMENDMENT OF RULES AND PROCEDURES This section was relocated from Section 14 of the current Bylaws. This section is revised to include the requirement that upon adoption or amendment of the Bylaws by the Planning Commission, the Bylaws shall be presented to the City Council for adoption.

Subsequent Staff Changes to the Bylaws

Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s Office. As a result of that review, staff is recommending minor changes to Rules 2, 5, 6, and 7 to address minor clean ups and possible conflict with other legal requirements, such as the Brown Act. The redlines of these changes are provided in Attachment 3. As shown, many of the changes are minor changes in nature and do not alter the substance of the proposed Bylaws. Two changes that do result in substantive changes are in Rule 6.B.1 and Rule 7.B.1. Under Rule 6.B.1, staff is recommending the following change:

“No member of the public shall engage in conduct that disrupts, disturbs, or impedes the Commission meeting's orderly conduct. Such behavior may include making loud, threatening, abusive, personal, impertinent, or profane remarks. The Chair or a majority of the Commission present members may order any person who engages in such to be silent. If such an order is given, such person shall may be barred from further communication with the Commission during that meeting or be required to leave the meeting room.”

Under Rule 7.B.1, staff is recommending the following change:

1. “The Commission encourages the public to prepare and send written communications that may assist the Commission in its deliberations on an item. The correspondent shall is requested to provide fifteen copies, no larger than page size 11x17 of all written material for members, the recording secretary, staff, file, and the public with the below specifications:
a. Font Size: Minimum 12-point font.
b. Spacing: Single
c. Page Limitation (double-sided equivalent):
i. 3 days prior to meeting by 5:00 P.M.: 5 pages maximum, including exhibits ii. Between 3 days prior to meeting at 5:00 P.M. to the meeting: 1 page maximum, including exhibits"

Both of these edits are requested to address the potential conflicts with the Brown Act, as it has the potential to limit the public's ability to participate in the public process before the Planning Commission.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact associated with the approval of the Planning Commission Bylaws.

COMMITTEE OUTCOME

The Finance & Governance Committee approved 2-0 (Council Member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

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

ATTACHMENTS

1. Current Bylaws Approved July 18, 2019

2. Proposed Bylaws Recommended by Planning Commission August 19, 2021

3. Proposed Bylaws with Staff Recommendations

4. Proposed Resolution

5. Presentation

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ProposedBylawswithStaff Recommendations
Toadopt rulesandproceduresof thePlanningCommissionpursuant toSectionAof RuleXIVof theseCommissionrulesintheCityof Oxnard.

Resolvedthat theRulesandProceduresof theThePlanningCommissionof theCityofOxnardresolvestoadopt thefollowingrulesandproceduresshall be:RULE1TITLEA. Theofficial titleof thisCommissionshall be“PlanningCommissionof theCityofOxnard, California”.RULE2PREFACEA. ThePlanningCommissionshall adopt writtenrulesandregulationsastothetime, placeanddateof itsregularmeetingsandshall adopt suchrulesandregulationsasit deemsnecessarytoconduct itsbusinessincludingrulesofprocedure. Suchrulesandregulationsshall not beinconsistent withthelawsoftheStateof Californiaorwiththeordinances, resolutions, orregulationsof theCityof Oxnard. Theserulesandproceduresarepreparedtoservethispurpose.TheCityCouncil of theCityof OxnardestablishedthePlanningCommissionandgrantedtoit responsibilitiesintheareaof landuse, redevelopment issues, andplanningpermit decisions. Theserulesandproceduresareintendedtoassist andbeusedbythePlanningCommissioninperformingitsdutiesandconductingitsmeetings. If aconflict arisesbetweentheserulesandproceduresandtheCityofOxnardMunicipal CityCode, theCodeshall control.RULE3GENERALPROVISIONSA. ThePlanningCommissionof theCityof Oxnard(hereinafterintheserulesreferredtoasthe"Commission") adoptsthefollowingrulesandprocedurestogoverntheconduct of itsmeetings.B. Uponappointment:1. Eachmemberof theCommissionshall receiveacopyof theserulesandprocedures, anduponamendment.2. Eachmembershall receiveacopyof theRobert’sRulesof Order, NewlyRevised.3. Eachmembershall receivetrainingontheRalphM. BrownAct. 214
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page2of 10 RULE4MEETINGSA. Callingof Meetings1. TheCommissionshall regularlymeet onthefirst andthirdThursdayofeachmonth. Theregularmeetingshall commenceat 6:00p.m. intheCityCouncil Chambers, andasmaybeallowedbyStatelaw.2. TheCommissionshall approveanannual calendarintheprioryear.3. Special meetingsshall becalledandconvenedbytheChairormajorityofthemembersasprovidedbyRule5.4. TheRalphM. BrownAct shall governall meetingsof theCommission.B. NoticeforMeetings1. TheCommissionmeetingsshall complywithOrdinanceNo. 2948(SunshineOrdinance), andthelegislativebodyandpublicshall havetheagendaandattachmentsavailable7daysbeforetheregularmeeting.RULE5MEETINGANDHEARINGPROCEDURESA. Ingeneral1. Meetingsandhearingsof theCommissionshall becalledtoorderandpresidedoverbytheChairor, intheChair'sabsence, bytheVice-Chairtocarryout suchduties.2. Meetingsandhearingsof theCommissionshall beopentothepublicunlessclosedundertheCommission’sCounsel direction.3. Anymeetingorhearingof theCommissionthat isopentothepublicshallbeopentocoveragebytelevisionbroadcast, onlinethroughthecitywebsite,andYouTubechannel.4. Nopersonotherthanamemberof theCommissionorcitystaff maystandinorbeseatedat theCouncil Chambers' daisareaunlesstheChairdeterminesotherwise.B. Quorum1. Aquorumof theCommissionshall befourmembers.2. Aquorumshall bepresent inorderfortheCommissiontoconduct business.3. Absenceof aquoruma. Intheabsenceof aquorumat anymeeting, suchmeetingshall beadjournedtothenext regularmeetingdatebytheChair, majorityofmemberspresent, orstaff.b. Ameetingmaybedeclaredadjournedforabsenceof aquorumaftera15-minuteperiodhaselapsedfromthescheduledtimeof thestart ofthemeeting.c. Ameetingmayalsobedeclaredadjournedinadvanceif theabsencenotificationsreceivedbystaff providedfortheabsenceof aquorum.d. Adjournment maybedeclaredbytheChair, Vice-Chair, orstaff. 215
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4. Exceptiontoabsenceof quorumbecauseof abstentionsduetoaconflict ofinterest:a. If all Commissionersarepresent andif enoughCommissionersabstainduetoaconflict of interest soastoloseaquorum, theCommissionshall exercisetheruleof necessitytoregainaquorum.b. OtherwisedisqualifiedCommissionersshall bechosenbylot until aquorumisreached.c. TheCommissionerssochosenshall continuetoparticipateinthatmatteruntil itsconclusion.C. Voting1. NovotemaybeconductedonanyitembeforetheCommissionunlesstheCommission'srequisite(4) numberof membersispresent.2. Novotebyanymemberof theCommissiononanyitemmaybecast byproxy.3. UnlessotherwisespecifiedbyStatelaw, anaffirmativevoteof amajorityofthememberspresent andeligibletovoteshall takeactiononanyitems.4. If anyitemfailstoreceiveamajorityvote, it will beconsidereddeniedorrecommendedfordenial.D. Meetingprocedures1. TheChairshall call themeetingtoorderandannouncethedate, time, andmeetingtype.2. EachCommissionmeetingshall includepreliminaryitems, suchas"RollCall" and"Pledgeof Allegiance."3. Eachmeetingshall haveatimeforthepublictospeakentitled"PublicCommentsonitemsnot ontheAgenda." Thepublicwill alsobeallowedtospeakonall itemslistedontheagenda.4. WhentheChaircallsforpubliccommentsduringaregularmeeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat donot appearontheagendaasalisteditem.5. WhentheChaircallsforpubliccommentsduringaspecial meeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat onlyappearontheagendaasalisteditem.6. Eachmemberof thepublicisallowedaminimumof three(3) minutestospeak, but additional timemaybegrantedbytheChairormajorityof themembers.7. TheCommissionshall not takeactiononanyitemnot appearingontheagendaunlesstheactionisauthorizedbytheRalphM. BrownAct.

E. Consent Agenda1. Thisportionof theagendashall includeminororroutineitems, whetherpreviousmeetingminutes, orothermatters. 216
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2. Whentheconsent portionof theagendaiscalled, theChairshall askthemembersif theyhavequestionsorif adiscussionisrequired. Staff mayrespondtoroutineinquiriesfrommembersof theCommissionconcerningitemsontheconsent agenda. If therearesubstantial questionsbymembersof theCommission, anitemmayberemovedfromtheconsent agendaandconsideredseparately.3. Anymemberof theCommissionmaymovethat amatterontheconsentagendaberemovedfromtheconsent agendaandbeconsideredseparately.F. ExParteDeclarationsforPublicHearingItems1. Commissionersarediscouragedfromsuggestinganychangetoanyprojecttotheapplicant orstaff beforetheproject isconsideredbytheCommissionasawhole.2. Toensurethat all Commissionersreceivethesameinformationrelativetoaproject that will bereviewedbytheCommission, thirdpartycontactsarediscouraged.3. ThebelowshouldbedisclosedbytheCommissionerat theCommissionemeetingpriortotheitembeingconsidered:a. ExParteCommunicationsb. SiteVisitsc. Conflict of Interestd. Financial ImpactsG. ContinuedPublicHearings1. Acontinuedpublichearingshall beresumedat thepoint of thepublichearingat whichsuchmatterwascontinued. If thepublictestimonyportionof thepublichearinghadbeenclosed, publictestimonymaybereopeneduponamotionandsecondthat isthenapprovedbyavoteof theCommission.H. NewPublicHearings1. Shall beconductedasoutlinedinRule6.I. PlanningManager/Staff Comments1. ThisportionisanopportunityforthePlanningManagerorstaff toprovideupdatesonupcomingitems, past items, studysessions, andotherannouncements.J. CommissionerComments1. Duringthisportionof theagenda, membersof theCommissionmaymakeabrief announcement, report ontheiractivities, orrequest anitembeplacedontheagendaforfutureconsideration.K. Adjournment1. Commissionmeetingsshall adjournby10:00p.m. unlessextendedassetforthinthenext subsection.2. If amotiontoextendthemeetingafter10:00p.m. ispassedbyat leasttwo-thirdsof themembersof theCommissionwhoarepresent andeligibletovoteuponsuchmotion, theCommissionmayhearandconsideranymatterontheagendaafter10:00p.m. 217
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page5of 10 RULE6CONDUCTOFPUBLICHEARINGA. Purpose1. TheCommissionisapublicagencywithlanduseplanninganddecision-makingduties. It isthepolicyof theCommissiontoencouragefreeandopendiscussionof issuesonaCommissionmeetingagenda, but alsotoensurethat theCommissioncompletestheagendainatimelymannerandinaprocessthat accordscourtesyandrespect toall participants.B. DisruptivePublicSpeakers1. Nomemberof thepublicshall engageinconduct that disrupts, disturbs, orimpedestheCommissionmeeting'sorderlyconduct. Suchbehaviormayincludemakingloud, threatening, abusive, personal, impertinent, orprofaneremarks. TheChairoramajorityof theCommissionpresentmembersmayorderanypersonwhoengagesinsuchtobesilent. If suchanorderisgiven, suchpersonshall maybebarredfromfurthercommunicationwiththeCommissionduringthat meetingorberequiredtoleavethemeetingroom.2. Anypersonmakingaverbal orwrittenthreat of violenceagainst anycommissioner, staff, oraudiencemembershall bereferredtotheOxnardPoliceDepartment forinvestigationof makingterrorist threatsandpossibleenforcement of aGunViolenceRestrainingOrder, GVRO.C. PublicHearingProcedure1. UnlessotherwisedirectedbytheChair, theorderof presentationofevidenceortestimony, oral andwritten, onanypublichearingitemshall beasfollows:a. TheChairopensthepublichearing.b. Staff makesabrief presentation, includingasummaryof theitem, ananalysisof theissues, andarecommendation.c. Introductionof applicant andparticipants.d. If present, theapplicant maymakeapresentation(of 15minutesunlessextendedbymajorityvote) andshall beavailableforquestionsfromtheCommission. TheCommissionmayproceedwhetherornotanapplicant ispresent.e. Membersquestionbothstaff andapplicant(s).f. TheChairinvitespublictestimony.g. Staff andapplicant(s) respondtopublictestimony.h. Chaircloseshearingtopublictestimony.i. Membersdeliberateandvoteontheitem.

D. Oral Testimony1. All oral testimonyreceivedat meetingsof theCommissionshall bedirectedtotheChair. All oral testimonyfromonepersonshall belimitedtothree 218
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page6of 10 minutes, provided, however, that theChairmaygrant additional timetoanapplicant, anappellant, astaff member, aconsultant totheCity, arepresentativeof aneighborhoodcouncil, orarepresentativeof anotherpublicagency.E. DebateandQuestions1. TheChairshall not allowdebateamongmembersof thepublic. Anypersonwishingtodirect aquestiontoanotherpersonshall submit suchquestiontotheChair, whomay, at hisorherdiscretion, askthequestion. TheChairmayprohibit amemberof thepublicfromspeakingonanissuemorethanonceduringanyhearing.F. Rulesof Evidence1. PublichearingsheldbytheCommissionneednot beconductedaccordingtotherulesof evidencecontainedintheCaliforniaEvidenceCode. Thefollowingrulesof evidenceshall apply:a. TheCommissionmayconsideranyevidencethat isthesort ofevidencethat responsiblepersonsareaccustomedtorelyinguponintheconduct of seriousaffairs.b. All evidenceshall bedirectlyrelatedtotheitemunderconsideration.c. PersonstestifyingbeforetheCommissionshall beencouragedtosubmit theirtestimonyandcommentsinwritingfortherecord.RULE7COMMUNICATIONSANDREPORTSOFTHECOMMISSIONA. InformationprovidedbyStaff1. Customarily, staff reportsandotherinformationrelatedtoaregularmeetingshall beprovidedtotheCommissionontheMondayprecedingaThursdaymeeting.2. Staff mayprovidetheCommissionwithsupplemental informationclosertothetimeof orat ameeting, andtheagendaitemneednot becontinued.3. AsprovidedinGovernment Codesection54957.5, agendas, staff reports,supplemental information, andotherwritingsdistributedtoall, oramajority, of themembersof theCommissioninconnectionwithamattersubject todiscussionorconsiderationat aCommissionmeetingshall bemadeavailableforpublicinspectionorcopyingwithout delay, unlesssuchwritingsareexempt bylawfrompublicdisclosure.B. WrittenCommunicationsfromthePublic1. TheCommissionencouragesthepublictoprepareandsendwrittencommunicationsthat mayassist theCommissioninitsdeliberationsonanitem. Thecorrespondent shall isrequestedtoprovidefifteencopies, nolargerthanpagesize11x17of all writtenmaterial formembers, therecordingsecretary, staff, file, andthepublic. withthebelowspecifications:a. Font Size: Minimum12-point font.b. Spacing: Single 219
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page7of 10 c. PageLimitation(double-sidedequivalent):i. 3dayspriortomeetingby5:00P.M.: 5pagesmaximum,includingexhibitsii. Between3dayspriortomeetingat 5:00P.M. tothemeeting: 1pagemaximum, includingexhibits2. TheCommissionshall refertostaff all suchwrittencommunications,includinge-mails, regardingasubject ormatter, not appearingontheagenda.RULE8ELECTIONANDDUTIESOFOFFICERSA. Electionof theChairandVice-Chair1. Officersof theCommissionshall consist of achairandvice-chair.2. Electionswill beheldduringthefirst regularmeetingof theCommissionheldineverycalendaryearorduringthefirst regularmeetingafterappointment of themembersof theCommissionbytheCityCouncil.3. Themembersof theCommissionshall elect onememberasChairandanotherasVice-Chair, toserveforoneyearoruntil asuccessorisappointed, unlesseitherisearlierremovedfromsuchpositionsbyamajorityvoteof themembersof theCommissionorbytheCityCouncil.4. Selectionof ChairandVice-Chaira. TheChairwill opennominationsforChair.b. Afterall nominations, theChairwill closenominations.c. TheCommissionClerkwill performaroll call of themembers.d. If therearemultiplenominees, eachmemberwill votebystatingtheirchoiceforChairorabstain. Asinglenominationwill beaYes, No, orabstainvote.e. At theconclusion, thenewChairwill assumeall dutiesandconducttheVice-Chairselection.5. TheChairshall presideat all regularandspecial meetings, re-ordertheagendaasnecessary, call special meetings, jointlyset meetingagendaswithstaff, andrepresent theCommissionat meetingsof theCityCouncil, otherpublicagencies, andat civicevents. TheChairisalsoresponsibletoforsigningresolutionsadoptedbytheCommissionandverifyingtheaccuracyof thecontents.6. Vacancyof anOfficea. If avacancyoccurspriortothenext annual election, aspecial electionshall beheldtofill thevacant officefromamongthemembership.b. That membershall serveuntil thenext regularlyscheduledelection.7. Intheabsenceof theChair, theVice-Chairshall performthedutiesof theChair.8. Intheabsenceof boththeChairandVice-Chair, theimmediatepast chairshall presideat themeeting. If theimmediatepast chairisnot present, the 220
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page8of 10 most seniormemberof theCommissionshall performthedutiesof theChair.9. Aremoval of anelectedofficerneedstohaveamotionandasecondtobeplacedonthenext meeting’sagenda.a. Thechairorvice-chairmayberemovedbyatwo-thirdsmajorityvoteof theCommissionat aregularlyscheduledmeetingof theCommission, whenall appointedmembersarepresent.b. Anyofficerremovedceasestoholdtheofficeoncethevotehasbeentalliedandannounced.

RULE9SEATINGARRANGEMENTA. Theseatingarrangement fortheCommissionshall beasfollows:1. TheChairshall beseatedinthemiddleof thedais. TheVice-Chairshall sitimmediatelytotheChair'sright.2. TheseniormemberontheCommissionwill sit immediatelytotheChair'sleft.3. TheCommissionmemberswill sit insenioritywiththenewest memberseatedonthefarright of theChair.4. Whenamemberof theCommissionleavestheCommission, thememberswill closethegapbasedonsenioritytowardstheChair, andthenewlyappointedmemberisseatedonthefarright of theChair.

RULE10RESTRICTIONONREPRESENTATIONA. Nomemberof theCommissionshall purport torepresent orspeakonbehalf oftheCommissionwithout obtainingtheconsent of theCommissionintheformofamotionpassedat aregularorspecial meetingof theCommission.

RULE11CONDUCTOFCOMMISSIONMEMBERSA. All Commissionmembersareexpectedtoconduct themselvesrespectfullywhileonthedais.B. MembersareexpectedtobeactivelyengagedduringmeetingsandworkcooperativelywithotherCommissionmembers.C. Membersareexpectedtonot engageinsideconversationsortobeonpersonalmobiledeviceswhileonthedais. 221
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page9of 10 D. Membersareexpectedtorespect fellowCommissioners' timeandwait toberecognizedbytheChairbeforespeaking.E. MembersaretobefamiliarwiththeParliamentaryProceduresinRule14.

RULE13SUBCOMMITTEESA. Withtheapproval of amajorityof theCommissionmembers, theChairmayappoint aminimumof 2membersof theCommissiontosubcommitteestomakerecommendationstothefull CommissiononlandusepolicymattersorsuchothermattersastheChairmaydeemappropriate.B. Eachsubcommitteeisapart of theCommissionandissubject totheCommission'sauthority, direction, andrules.

RULE14PARLIAMENTARYPROCEDUREA. Inconductingmeetings, theChairshall beguidedby, but isnot requiredtostrictlyadhereto, Robert'sRulesof Order, NewlyRevised.RULE15RESIGNATION 222
ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page10of 10 A. Anymemberof theCommissiondesiringtoresignfromtheCommissionshallsubmit awrittenresignationtotheCityClerk.RULE16ADOPTIONANDAMENDMENTOFRULESANDPROCEDURESA. PlanningCommissionAdoptionandAmendment1. Theserulesandproceduresshall beadoptedandmaybeamendedat anyregularmeetingof theCommissionbyamajorityof themembersof theCommission, providedthat theamendment hasbeensubmittedinwritingat apreviousmeeting.B. CityCouncil AdoptionandAmendment1. Uponadoptionoramendment bythePlanningCommission, suchrulesandproceduresshall besubmittedtotheCityCouncil forreview. TheCityCouncil shall havethepowertoapprove, disapprove, ormodifysaidrulesandprocedures, asit deemsnecessary.

PASSED, APPROVED, ANDADOPTEDbythePlanningCommissionof theCityof Oxnardonthis19thdayof August 2021. _______________________________________RonaldArruejo, ViceChairI herebycertifythat theforegoingisatruecopyof aResolutionadoptedbythePlanningCommissionof theCityof Oxnardat ameetingheldthis19thdayof August 2021, andcarriedbythefollowingvote:AYES: Commissioner(s): ViceChairArruejo, Connelly, Lopez, Meyer, Nash,SanchezNOES: Commissioner(s):ABSENT: Commissioner(s): ChairChavezABSTAIN: Commissioner(s):RECUSED: Commissioner(s):
_______________________________________Scott Kolwitz, Secretary 223

CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO._______

ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDADOPTINGREVISEDRULESANDPROCEDURES(BYLAWS)FORTHEPLANNINGCOMMISSION WHEREAS,onApril15,2021,thePlanningCommissionrequesteda StudySessiontoreviewthePlanningCommissionRulesandProceduresregardingtheroleof“Subcommittees,”“Amendmentof RulesandProcedures”in theandothergeneralrevisions;andWHEREAS,theRulesandProcedures(Bylaws)SubcommitteewascreatedbythePlanningCommissiononMay20,2021.ThesubcommitteemetfivetimesbetweenthePlanningCommissionmeetingsstartingJune3,2021,throughAugust5,2021;and WHEREAS,onAugust5,2021,thesubcommitteemovedtoapprovearesolutionrecommendingthePlanningCommissionadoptionof revisedBylaws.OnAugust19,2021,thePlanningCommissionvoted6-0,withonecommissionerabsenttoapproveResolution2021-21,establishingtherevisedBylaws,subjectto approvalbytheCityCouncil;and WHEREAS,onOctober21,2023,theFinanceandGovernanceCommitteevoted2-0(withoneCouncilMemberabsent),torecommendthattheCityCouncilapprovethePlanningCommission'sproposedrevisionsto the PlanningCommissionRulesandProcedures(Bylaws)withstaff’srecommendedchanges;and NOW, THEREFORE,THECITYCOUNCILOFTHECITYOFOXNARDDOESHEREBYRESOLVEASFOLLOWS:

SECTION1. TheCityCouncilherebyadoptsthefollowingrulesandprocedurestogoverntheconductofthePlanningCommissionoftheCityofOxnardmeetings:

ThePlanningCommissionof theCityof Oxnardresolvestoadopt thefollowingrulesandprocedures:RULE1TITLEA. Theofficial titleof thisCommissionshall be“PlanningCommissionof theCityofOxnard, California”.RULE2 224
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page2of 11 PREFACEA. ThePlanningCommissionshall adopt writtenrulesandregulationsastothetime, placeanddateof itsregularmeetingsandshall adopt suchrulesandregulationsasit deemsnecessarytoconduct itsbusinessincludingrulesofprocedure. Suchrulesandregulationsshall not beinconsistent withthelawsoftheStateof Californiaorwiththeordinances, resolutions, orregulationsof theCityof Oxnard. Theserulesandproceduresarepreparedtoservethispurpose.TheCityCouncil of theCityof OxnardestablishedthePlanningCommissionandgrantedtoit responsibilitiesintheareaof landuse, andplanningpermitdecisions. Theserulesandproceduresareintendedtoassist andbeusedbythePlanningCommissioninperformingitsdutiesandconductingitsmeetings. If aconflict arisesbetweentheserulesandproceduresandtheOxnardCityCode, theCodeshall control.RULE3GENERALPROVISIONSA. ThePlanningCommissionof theCityof Oxnard(hereinafterintheserulesreferredtoasthe"Commission") adoptsthefollowingrulesandprocedurestogoverntheconduct of itsmeetings.B. Uponappointment:1. Eachmemberof theCommissionshall receiveacopyof theserulesandprocedures, anduponamendment.2. Eachmembershall receiveacopyof theRobert’sRulesof Order, NewlyRevised.3. Eachmembershall receivetrainingontheRalphM. BrownAct.RULE4MEETINGSA. Callingof Meetings1. TheCommissionshall regularlymeet onthefirst andthirdThursdayofeachmonth. Theregularmeetingshall commenceat 6:00p.m. intheCityCouncil Chambers, andasmaybeallowedbyStatelaw.2. TheCommissionshall approveanannual calendarintheprioryear.3. Special meetingsshall becalledandconvenedbytheChairormajorityofthemembersasprovidedbyRule5.4. TheRalphM. BrownAct shall governall meetingsof theCommission.B. NoticeforMeetings1. TheCommissionmeetingsshall complywithOrdinanceNo. 2948(SunshineOrdinance), andthelegislativebodyandpublicshall havetheagendaandattachmentsavailable7daysbeforetheregularmeeting. 225
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page3of 11 RULE5MEETINGANDHEARINGPROCEDURESA. Ingeneral1. Meetingsandhearingsof theCommissionshall becalledtoorderandpresidedoverbytheChairor, intheChair'sabsence, bytheVice-Chairtocarryout suchduties.2. Meetingsandhearingsof theCommissionshall beopentothepublicunlessclosedundertheCommission’sCounsel direction.3. Anymeetingorhearingof theCommissionthat isopentothepublicshallbeopentocoveragebytelevisionbroadcast, onlinethroughthecitywebsite,andYouTubechannel.4. Nopersonotherthanamemberof theCommissionorcitystaff maystandinorbeseatedat theCouncil Chambers' daisareaunlesstheChairdeterminesotherwise.B. Quorum1. Aquorumof theCommissionshall befourmembers.2. Aquorumshall bepresent inorderfortheCommissiontoconduct business.3. Absenceof aquoruma. Intheabsenceof aquorumat anymeeting, suchmeetingshall beadjournedtothenext regularmeetingdatebytheChair, majorityofmemberspresent, orstaff.b. Ameetingmaybedeclaredadjournedforabsenceof aquorumaftera15-minuteperiodhaselapsedfromthescheduledtimeof thestart ofthemeeting.c. Ameetingmayalsobedeclaredadjournedinadvanceif theabsencenotificationsreceivedbystaff providedfortheabsenceof aquorum.d. Adjournment maybedeclaredbytheChair, Vice-Chair, orstaff.4. Exceptiontoabsenceof quorumbecauseof abstentionsduetoaconflict ofinterest:a. If all Commissionersarepresent andif enoughCommissionersabstainduetoaconflict of interest soastoloseaquorum, theCommissionshall exercisetheruleof necessitytoregainaquorum.b. OtherwisedisqualifiedCommissionersshall bechosenbylot until aquorumisreached.c. TheCommissionerssochosenshall continuetoparticipateinthatmatteruntil itsconclusion.C. Voting1. NovotemaybeconductedonanyitembeforetheCommissionunlesstheCommission'srequisite(4) numberof membersispresent.2. Novotebyanymemberof theCommissiononanyitemmaybecast byproxy.3. UnlessotherwisespecifiedbyStatelaw, anaffirmativevoteof amajorityofthememberspresent andeligibletovoteshall takeactiononanyitems. 226
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4. If anyitemfailstoreceiveamajorityvote, it will beconsidereddeniedorrecommendedfordenial.D. Meetingprocedures1. TheChairshall call themeetingtoorderandannouncethedate, time, andmeetingtype.2. EachCommissionmeetingshall includepreliminaryitems, suchas"RollCall" and"Pledgeof Allegiance."3. Eachmeetingshall haveatimeforthepublictospeakentitled"PublicCommentsonitemsnot ontheAgenda." Thepublicwill alsobeallowedtospeakonall itemslistedontheagenda.4. WhentheChaircallsforpubliccommentsduringaregularmeeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat donot appearontheagendaasalisteditem.5. WhentheChaircallsforpubliccommentsduringaspecial meeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat onlyappearontheagendaasalisteditem.6. Eachmemberof thepublicisallowedaminimumof three(3) minutestospeak, but additional timemaybegrantedbytheChairormajorityof themembers.7. TheCommissionshall not takeactiononanyitemnot appearingontheagendaunlesstheactionisauthorizedbytheRalphM. BrownAct.

E. Consent Agenda1. Thisportionof theagendashall includeminororroutineitems, whetherpreviousmeetingminutes, orothermatters.2. Whentheconsent portionof theagendaiscalled, theChairshall askthemembersif theyhavequestionsorif adiscussionisrequired. Staff mayrespondtoroutineinquiriesfrommembersof theCommissionconcerningitemsontheconsent agenda. If therearesubstantial questionsbymembersof theCommission, anitemmayberemovedfromtheconsent agendaandconsideredseparately.3. Anymemberof theCommissionmaymovethat amatterontheconsentagendaberemovedfromtheconsent agendaandbeconsideredseparately.F. ExParteDeclarationsforPublicHearingItems1. Commissionersarediscouragedfromsuggestinganychangetoanyprojecttotheapplicant orstaff beforetheproject isconsideredbytheCommissionasawhole.2. Toensurethat all Commissionersreceivethesameinformationrelativetoaproject that will bereviewedbytheCommission, thirdpartycontactsarediscouraged. 227
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3. ThebelowshouldbedisclosedbytheCommissionerat theCommissionmeetingpriortotheitembeingconsidered:a. ExParteCommunicationsb. SiteVisitsc. Conflict of Interestd. Financial ImpactsG. ContinuedPublicHearings1. Acontinuedpublichearingshall beresumedat thepoint of thepublichearingat whichsuchmatterwascontinued. If thepublictestimonyportionof thepublichearinghadbeenclosed, publictestimonymaybereopeneduponamotionandsecondthat isthenapprovedbyavoteof theCommission.H. NewPublicHearings1. Shall beconductedasoutlinedinRule6.I. PlanningManager/Staff Comments1. ThisportionisanopportunityforthePlanningManagerorstaff toprovideupdatesonupcomingitems, past items, studysessions, andotherannouncements.J. CommissionerComments1. Duringthisportionof theagenda, membersof theCommissionmaymakeabrief announcement, report ontheiractivities, orrequest anitembeplacedontheagendaforfutureconsideration.K. Adjournment1. Commissionmeetingsshall adjournby10:00p.m. unlessextendedassetforthinthenext subsection.2. If amotiontoextendthemeetingafter10:00p.m. ispassedbyat leasttwo-thirdsof themembersof theCommissionwhoarepresent andeligibletovoteuponsuchmotion, theCommissionmayhearandconsideranymatterontheagendaafter10:00p.m.RULE6CONDUCTOFPUBLICHEARINGA. Purpose1. TheCommissionisapublicagencywithlanduseplanninganddecision-makingduties. It isthepolicyof theCommissiontoencouragefreeandopendiscussionof issuesonaCommissionmeetingagenda, but alsotoensurethat theCommissioncompletestheagendainatimelymannerandinaprocessthat accordscourtesyandrespect toall participants.B. DisruptivePublicSpeakers1. Nomemberof thepublicshall engageinconduct that disrupts, disturbs, orimpedestheCommissionmeeting'sorderlyconduct. Suchbehaviormayincludemakingloud, threatening, abusive, personal, impertinent, orprofaneremarks. TheChairoramajorityof theCommissionpresent 228
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page6of 11 membersmayorderanypersonwhoengagesinsuchtobesilent. If suchanorderisgiven, suchpersonmaybebarredfromfurthercommunicationwiththeCommissionduringthat meetingorberequiredtoleavethemeetingroom.2. Anypersonmakingaverbal orwrittenthreat of violenceagainst anycommissioner, staff, oraudiencemembershall bereferredtotheOxnardPoliceDepartment forinvestigationof makingterrorist threatsandpossibleenforcement of aGunViolenceRestrainingOrder, GVRO.C. PublicHearingProcedure1. UnlessotherwisedirectedbytheChair, theorderof presentationofevidenceortestimony, oral andwritten, onanypublichearingitemshall beasfollows:a. TheChairopensthepublichearing.b. Staff makesabrief presentation, includingasummaryof theitem, ananalysisof theissues, andarecommendation.c. Introductionof applicant andparticipants.d. If present, theapplicant maymakeapresentation(of 15minutesunlessextendedbymajorityvote) andshall beavailableforquestionsfromtheCommission. TheCommissionmayproceedwhetherornotanapplicant ispresent.e. Membersquestionbothstaff andapplicant(s).f. TheChairinvitespublictestimony.g. Staff andapplicant(s) respondtopublictestimony.h. Chaircloseshearingtopublictestimony.i. Membersdeliberateandvoteontheitem.

D. Oral Testimony1. All oral testimonyreceivedat meetingsof theCommissionshall bedirectedtotheChair. All oral testimonyfromonepersonshall belimitedtothreeminutes, provided, however, that theChairmaygrant additional timetoanapplicant, anappellant, astaff member, aconsultant totheCity, arepresentativeof aneighborhoodcouncil, orarepresentativeof anotherpublicagency.E. DebateandQuestions1. TheChairshall not allowdebateamongmembersof thepublic. Anypersonwishingtodirect aquestiontoanotherpersonshall submit suchquestiontotheChair, whomay, at hisorherdiscretion, askthequestion. TheChairmayprohibit amemberof thepublicfromspeakingonanissuemorethanonceduringanyhearing.F. Rulesof Evidence1. PublichearingsheldbytheCommissionneednot beconductedaccordingtotherulesof evidencecontainedintheCaliforniaEvidenceCode. Thefollowingrulesof evidenceshall apply:
229
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page7of 11 a. TheCommissionmayconsideranyevidencethat isthesort ofevidencethat responsiblepersonsareaccustomedtorelyinguponintheconduct of seriousaffairs.b. All evidenceshall bedirectlyrelatedtotheitemunderconsideration.c. PersonstestifyingbeforetheCommissionshall beencouragedtosubmit theirtestimonyandcommentsinwritingfortherecord.RULE7COMMUNICATIONSANDREPORTSOFTHECOMMISSIONA. InformationprovidedbyStaff1. Customarily, staff reportsandotherinformationrelatedtoaregularmeetingshall beprovidedtotheCommissionontheMondayprecedingaThursdaymeeting.2. Staff mayprovidetheCommissionwithsupplemental informationclosertothetimeof orat ameeting, andtheagendaitemneednot becontinued.3. AsprovidedinGovernment Codesection54957.5, agendas, staff reports,supplemental information, andotherwritingsdistributedtoall, oramajority, of themembersof theCommissioninconnectionwithamattersubject todiscussionorconsiderationat aCommissionmeetingshall bemadeavailableforpublicinspectionorcopyingwithout delay, unlesssuchwritingsareexempt bylawfrompublicdisclosure.B. WrittenCommunicationsfromthePublic1. TheCommissionencouragesthepublictoprepareandsendwrittencommunicationsthat mayassist theCommissioninitsdeliberationsonanitem. Thecorrespondent isrequestedtoprovidefifteencopies, nolargerthanpagesize11x17of all writtenmaterial formembers, therecordingsecretary, staff, file, andthepublic.2. TheCommissionshall refertostaff all suchwrittencommunications,includinge-mails, regardingasubject ormatter, not appearingontheagenda.RULE8ELECTIONANDDUTIESOFOFFICERSA. Electionof theChairandVice-Chair1. Officersof theCommissionshall consist of achairandvice-chair.2. Electionswill beheldduringthefirst regularmeetingof theCommissionheldineverycalendaryearorduringthefirst regularmeetingafterappointment of themembersof theCommissionbytheCityCouncil.3. Themembersof theCommissionshall elect onememberasChairandanotherasVice-Chair, toserveforoneyearoruntil asuccessorisappointed, unlesseitherisearlierremovedfromsuchpositionsbyamajorityvoteof themembersof theCommissionorbytheCityCouncil.4. Selectionof ChairandVice-Chair 230
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page8of 11 a. TheChairwill opennominationsforChair.b. Afterall nominations, theChairwill closenominations.c. TheCommissionClerkwill performaroll call of themembers.d. If therearemultiplenominees, eachmemberwill votebystatingtheirchoiceforChairorabstain. Asinglenominationwill beaYes, No, orabstainvote.e. At theconclusion, thenewChairwill assumeall dutiesandconducttheVice-Chairselection.5. TheChairshall presideat all regularandspecial meetings, re-ordertheagendaasnecessary, call special meetings, jointlyset meetingagendaswithstaff, andrepresent theCommissionat meetingsof theCityCouncil, otherpublicagencies, andat civicevents. TheChairisalsoresponsibleforsigningresolutionsadoptedbytheCommissionandverifyingtheaccuracyof thecontents.6. Vacancyof anOfficea. If avacancyoccurspriortothenext annual election, aspecial electionshall beheldtofill thevacant officefromamongthemembership.b. That membershall serveuntil thenext regularlyscheduledelection.7. Intheabsenceof theChair, theVice-Chairshall performthedutiesof theChair.8. Intheabsenceof boththeChairandVice-Chair, theimmediatepast chairshall presideat themeeting. If theimmediatepast chairisnot present, themost seniormemberof theCommissionshall performthedutiesof theChair.9. Aremoval of anelectedofficerneedstohaveamotionandasecondtobeplacedonthenext meeting’sagenda.a. Thechairorvice-chairmayberemovedbyatwo-thirdsmajorityvoteof theCommissionat aregularlyscheduledmeetingof theCommission, whenall appointedmembersarepresent.b. Anyofficerremovedceasestoholdtheofficeoncethevotehasbeentalliedandannounced.

RULE9SEATINGARRANGEMENTA. Theseatingarrangement fortheCommissionshall beasfollows:1. TheChairshall beseatedinthemiddleof thedais. TheVice-Chairshall sitimmediatelytotheChair'sright.2. TheseniormemberontheCommissionwill sit immediatelytotheChair'sleft.3. TheCommissionmemberswill sit insenioritywiththenewest memberseatedonthefarright of theChair. 231
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4. Whenamemberof theCommissionleavestheCommission, thememberswill closethegapbasedonsenioritytowardstheChair, andthenewlyappointedmemberisseatedonthefarright of theChair.

RULE11CONDUCTOFCOMMISSIONMEMBERSA. All Commissionmembersareexpectedtoconduct themselvesrespectfullywhileonthedais.B. MembersareexpectedtobeactivelyengagedduringmeetingsandworkcooperativelywithotherCommissionmembers.C. Membersareexpectedtonot engageinsideconversationsortobeonpersonalmobiledeviceswhileonthedais.D. Membersareexpectedtorespect fellowCommissioners' timeandwait toberecognizedbytheChairbeforespeaking.E. MembersaretobefamiliarwiththeParliamentaryProceduresinRule14.

RULE12RECORDOFMEETINGSA. Aminuterecordof all proceedingsbeforetheCommissionshall bepreparedandpreservedbystaff.B. Minutesshall bepreparedintheformandformat prescribedbytheCityCouncilforcitizenadvisorygroups.C. All reportsandwrittencommunicationsdirectedtotheCommissionshall bemadeapart of thepermanent recordof theCommission.D. All motionsconsideredbytheCommissionshall berecordedwhethertheypassorfail.E. Membersof theCommissionwishingtohavespecificcommentsregardinganitemreflectedintheminutesandpreservedfortherecordshall state, priortomakingacomment, that thecomment is"fortherecord."F. Draft minutesof meetingsshall bepresentedbytherecordingsecretarytotheCommissionforcorrectionandapproval assoonaspractical. 232
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page10of 11 RULE13SUBCOMMITTEESA. Withtheapproval of amajorityof theCommissionmembers, theChairmayappoint aminimumof 2membersof theCommissiontosubcommitteestomakerecommendationstothefull CommissiononlandusepolicymattersorsuchothermattersastheChairmaydeemappropriate.B. Eachsubcommitteeisapart of theCommissionandissubject totheCommission'sauthority, direction, andrules.

RULE14PARLIAMENTARYPROCEDUREA. Inconductingmeetings, theChairshall beguidedby, but isnot requiredtostrictlyadhereto, Robert'sRulesof Order, NewlyRevised.RULE15RESIGNATIONA. Anymemberof theCommissiondesiringtoresignfromtheCommissionshallsubmit awrittenresignationtotheCityClerk.RULE16ADOPTIONANDAMENDMENTOFRULESANDPROCEDURESA. PlanningCommissionAdoptionandAmendment1. Theserulesandproceduresshall beadoptedandmaybeamendedat anyregularmeetingof theCommissionbyamajorityof themembersof theCommission, providedthat theamendment hasbeensubmittedinwritingat apreviousmeeting.B. CityCouncil AdoptionandAmendment1. Uponadoptionoramendment bythePlanningCommission, suchrulesandproceduresshall besubmittedtotheCityCouncil forreview. TheCityCouncil shall havethepowertoapprove, disapprove, ormodifysaidrulesandprocedures, asit deemsnecessary.

SECTION2.ThedecisionoftheCityCouncilshallbefinal.

SECTION3. TheCityClerkshallcertifytheadoptionofthisResolution. 233
ResolutionNo. ________: PlanningCommissionRulesandProcedures(Bylaws)CityCouncil HearingDate: November21, 2023Page11of 11 PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnardonthe21stdayofNovember2023,bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________________________________________________RoseChaparro,CityClerk JohnC.Zaragoza,Mayor APPROVEDASTOFORM:
___________________________________StephenM.Fischer, CityAttorney 234
Revision to the Planning Commission Rules
and Procedures (Bylaws)
Jeff Pengilley, Community Development Director
Joe Pearson II, AICP, Planning & Environmental Services Manager Community Development Department
City Council
November 21, 2023
235

BACKGROUND
• The Planning Commission Bylaws establish the Rules and Procedures for the Planning Commission, including, but not limited to, the purpose of the organization, who are its members, how officers are elected and resign, how meetings are conducted, communication protocols, and rules of conduct. • The Planning Commission’s Rules and Procedures (Bylaws) were last revised and adopted on July 18, 2019.
• On April 15, 2021, the Planning Commission requested staff to place a Study Session to discuss the process for updating the Planning Commission Bylaws.
2 236

BACKGROUND (CONTINUED)
• The Planning Commission has the ability to change their Bylaws provided that the Bylaws are consistent with the Planning Commission's Duties as outlined within the current Bylaws.
• The Rules and Procedures (Bylaws) Subcommittee was created by the Planning Commission on May 20, 2021. The subcommittee met five times between the Planning Commission meetings starting June 3, 2021, through August 5, 2021.
• On August 5, 2021, the subcommittee moved to approve a resolution to adopt the Rules and Procedures of the Planning Commission and to report to the Planning Commission on August 19, 2021.
• On August 19, 2021, the Planning Commission voted 6-0, with one commissioner absent to approve Resolution 2021-21, establishing the rules and procedures for the conduct of Planning Commission meetings subject to approval by the City Council.
3 237

ANALYSIS/DISCUSSION
• The proposed Bylaws are a comprehensive update intended to update the Bylaws to reflect current best practices and current procedures of the Planning Commission, including those imposed by Measure M. • The update also reorganizes the Bylaws into a more formalized layout. 4 238

ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 1 - TITLE
This new section was added to establish the official title of the Commission as the “Planning Commission of the City of Oxnard, California” • RULE 2 -PREFACE
This new section was added to establish the purpose and intent of the proposed Bylaws.
• RULE 3 - GENERAL PROVISIONS
The proposed Bylaws adds the requirement that in addition to the Bylaws, each new Commission receive a copy of Robert’s Rules of Order, Newly Revised, and training on the Ralph M. Brown Act. The section also adds the language that the Planning Commission adopts the Bylaws to govern the conduct of its meetings. All other requirements are consistent with the current Bylaws.
5 239

ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
● RULE 4 - MEETINGS
This section was relocated from Section 2 of the current Bylaws. The proposed Bylaws formalizes the requirement to approve an annual calendar in the prior year. It also adds the requirements of the City’s Sunshine Ordinance, which requires that the legislative body and public shall have the agenda and attachments available 7 days before the regular meeting. All other requirements are consistent with the current Bylaws. ● RULE 5 - MEETINGS AND HEARING PROCEDURES
The section has been revised to address the following:
○ Set the general requirements for each public hearing, including who is responsible for presiding over the meeting and accessibility of meetings in person and virtually. ○ Adds new procedures for what to do in the absence of a quorum due to absences. ○ Adds procedural requirements for establishing a quorum when the absence of a quorum is a result of abstentions due to conflicts of interest.
○ Incorporate the standard public meeting procedures, including rules for public comments, such as incorporating the three (3) minute minimum time limit as required by Measure M. ○ Clarity that the approval of minutes shall occur under the consent agenda. ○ Provide rules and procedures for Ex Parte Declarations for Public Hearings. ○ Change the adjournment time from 11:00 p.m. to 10:00 p.m. unless extended by two-thirds of the Planning Commission present and eligible.
6 240

ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
● RULE 6 - CONDUCT OF PUBLIC HEARING
The purpose section was added to reflect the goals and purpose of the Planning Commission, as it relates to creating an open and public meeting. Paragraph two of section B was added to allow for those making a threat of violence to be referred to the Oxnard Police Department. Section C has been updated to incorporate current practices. The primary changes include allowing for a 15-minute presentation by applicant teams and allowing for both the staff and applicants to respond to public testimony.
● RULE 7 - COMMUNICATIONS AND REPORTS OF THE COMMISSION Section B was revised to add limitations on font size, spacing, and page limits on written materials submitted for public comment. However, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due concerns over potential conflicts with the Brown Act.
● RULE 8 - ELECTION AND DUTIES OF OFFICERS
The section has been revised to include rules and procedures for the election of Chair and Vice-Chair. The section also has been revised to include procedures for unanticipated vacancy which allows for the Planning Commission to vote in a replacement, who would serve until the next regular election. Language has also been added to establish protocols for what to do in the event both the Chair and Vice-Chair are absent. Lastly, procedures for the removal of an elected officer by at least a two-thirds vote of the Planning Commission when all members are present. 7 241

ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 9 - SEATING ARRANGEMENT
This section was relocated from Section 12 of the current Bylaws. The section is generally consistent with the current Bylaws but have been revised to base the seating arrangement for all members except for the Chair and Vice-Chair to be based on Seniority. • RULE 10 - RESTRICTION ON REPRESENTATION
This section was relocated from Section 8 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 11 - CONDUCT OF COMMISSION MEMBERS
This new section was added to establish the expectations for the decorum of the Planning Commission and require that they are familiar with the Parliamentary Procedures. • RULE 12 - RECORD OF MEETINGS
This section was relocated from Section 9 of the current Bylaws. This section is consistent with the current Bylaws.
8 242

ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 13 - SUBCOMMITTEES
This section was relocated from Section 10 of the current Bylaws. This section has been revised to require that the subcommittee have a minimum of 2 members and clarify that the Subcommittee is still subject to the Planning Commission and subject to the commission’s authority, direction, and rules.
• RULE 14 - PARLIAMENTARY PROCEDURE
This section was relocated from Section 11 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 15 - RESIGNATION
This section was relocated from Section 13 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 16 - ADOPTION AND AMENDMENT OF RULES AND PROCEDURES This section was relocated from Section 14 of the current Bylaws. This section is revised to include the requirement that upon adoption or amendment of the Bylaws by the Planning Commission the Bylaws shall be presented to the City Council for adoption. 9 243

SUBSEQUENT STAFF CHANGES
Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s Office. As a result of that review staff is recommending minor changes to address minor clean ups and possible conflict with other legal requirements, such as the Brown Act. The redlines of these changes are provided in Attachment 3 of the Staff Report. Many of the changes are minor changes in nature and do not alter the substance of the proposed Bylaws. T wo changes that do result in substantive changes are in Rule 6.B.1 and Rule 7.B.1.

Under Rule 6.B.1, staff is recommending the following change:
“No member of the public shall engage in conduct that disrupts, disturbs, or impedes the Commission meeting's orderly conduct. Such behavior may include making loud, threatening, abusive, personal, impertinent, or profane remarks. The Chair or a majority of the Commission present members may order any person who engages in such to be silent. If such an order is given, such person shall may be barred from further communication with the Commission during that meeting or be required to leave the meeting room.” 10 244

SUBSEQUENT STAFF CHANGES (CONTINUED)
Under Rule 7.B.1, staff is recommending the following change:

1. “The Commission encourages the public to prepare and send written communications that may assist the Commission in its deliberations on an item. The correspondent shall is requested to provide fifteen copies, no larger than page size 11x17 of all written material for members, the recording secretary, staff, file, and the public with the below specifications:
a. Font Size: Minimum 12-point font.
b. Spacing: Single
c. Page Limitation (double-sided equivalent):
i. 3 days prior to meeting by 5:00 P .M.: 5 pages maximum, including exhibits ii. Between 3 days prior to meeting at 5:00 P .M. to the meeting: 1 page maximum, including exhibits”
Both of these edits are requested to address the potential conflicts with the Brown Act, as it has the potential to limit the public's ability to participate in the public process before the Planning Commission.
11 245

FINANCIAL IMPACT
• There is no Financial Impact associated with the approval of the Planning Commission Bylaws.
12 246
Committee Outcome
• The Finance & Governance Committee approved 2-0 (with one Council Member absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval. 13 247

RECOMMENDATION
• That the City Council approve a Resolution adopting proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.
14 248
End of Presentation
249

Oxnard City CouncilNovember 21, 2023

Oxnard City Council
November 21, 2023