Oxnard City Council
December 19, 2023

186

TERMS OF SALE

1. ACCEPTANCE. These terms govern the purchase and
sale of equipment, contractors services, etc, referred to in SELLER’S proposal or acknowledgement. Acceptance by
SELLER, such offer or acceptance is conditioned on
BUYER’S assent to these terms. SELLER rejects all
additional or different terms in any of BUYER’S forms or documents unless specifically accepted by SELLER in
writing. Where our Principal (manufacturer) reserves the right to accept the purchase order and invoice BUYER
directly, our principals’ terms and conditions shall apply if same is included with the proposal.

2. PAYMENT. Terms are Net 30 days from date of
shipment and invoice, subject to approval of credit.

SELLER may ship on a "when ready" basis and partial
invoice for the equipment that has shipped. Partial invoices are bound by the same terms as those invoices submitted upon complete shipment of equipment. Interest at one
percent per month or at the legal maximum rate will be
assessed for late payment.

3. RETENTIONS not previously approved in writing by
SELLER are not permitted.

4. BACK CHARGES accepted only upon written approval
by SELLER.

5. DELIVERY. SELLER shall not be liable for delays in
delivery due to fire, flood, labor issues, war, civil disorders, delay in transportation, inability to obtain materials, accidents, acts of God or other causes beyond SELLER’S
reasonable control. If shipment is delayed due to BUYER or by government action, payment becomes due when the
factory is ready to make shipment and storage charges, if any, become the BUYERS responsibility.

6. RESPONSIBILITY. SELLER shall not be responsible for
damage to equipment if misused, improperly stored,
installed or maintained. SELLER SHALL NOT BE LIABLE

FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL,

PUNITIVE, COLLATERAL, LIQUIDATED OR OTHER
INDIRECT DAMAGES. CONSEQUENTIAL DAMAGES

FOR THE PURPOSE OF THIS AGREEMENT SHALL

INCLUDE BUT NOT BE LIMITED TO, LOSS OF USE,

INCOME, PROFIT, LOSS OF OR DAMAGE TO
PROPERTY, ETC. These limitations apply whether the
liability is based upon contract, tort, strict liability or any other theory.

7. WARRANTY. For benefit of the original user, SELLER
warrants all new equipment sold to be free from defects in material and workmanship, and will replace or repair,
F.O.B. at its factories or other location designated by it, any part or parts returned to it which SELLERS examination
shall show to have failed under normal use and service by the original user within one year following initial shipment to the BUYER. This warranty does not cover damage by
decomposition from chemical action or wear caused by
abrasive materials nor does it cover damage resulting from misuse, alteration, accident or neglect, or from improper operation, maintenance, installation, modification or
adjustment. Such repair or replacement shall be free for all items except for those items that are consumable and
normally replaced during maintenance. THIS WARRANTY

IS EXPRESSLY MADE BY SELLER AND ACCEPTED BY

BUYER IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED.

Warranty does not cover removal and installation of
equipment. 8. TAXES. Prices are exclusive of all taxes, federal, state local of any kind or nature.

9. TRANSPORTATION. Unless otherwise set forth herein,
prices are F.O.B. our factories. The consignee must report all claims for damages in transit to the carrier.

10. COMPLIANCE WITH LAWS. BUYER shall be solely
responsible for securing any necessary permits and for
compliance with all safety, health, sanitation and any other laws, ordinances and regulations in connection with the design, installation and operation of the equipment.

11. INDEMNIFICATION. It is understood that SELLER has
relied upon data furnished by and on behalf of BUYER with respect to the safety aspects and application of the
equipment and that it is BUYER’S responsibility to assure that the equipment will, when installed and put in use, be in compliance with requirements fixed by law and otherwise legally adequate to safeguard against injuries or damage to persons or property. BUYER hereby agrees to defend,
indemnify and hold harmless SELLER, its agents and
employees against any and all losses, costs, damages,
claims, liabilities or expenses, arising out of or resulting from any injury or damage to any person or property
caused by the inadequacy of safety features, devices or characteristics in the equipment or in the installation, use or operation of the same, except claims for repair or
replacement of defective parts are provided in Paragraph 7 hereof. SELLER will indemnify, defend and hold BUYER
harmless from any claim, cause of action or liability
incurred by BUYER as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by SELLER’S sole negligence. SELLER
shall have the sole authority to direct the defense of and settle any indemnified claim. SELLER’S indemnification is conditioned on BUYER (a) promptly notifying SELLER of
any claim, and (b) providing reasonable cooperation in the defense of any claim. SELLER’S liability is limited to the coverage offered and paid by the SELLERS insurance
policies.

12. TITLE & LIEN RIGHTS. After delivery to Buyer, Seller will have all such rights, including security interests and liens, in the equipment as lawfully may be conferred upon Seller by contract under any applicable provision of law.

13. MISCELLANEOUS. Goods may not be returned
without previous written permission and are subject to a restocking charge. The SELLER may cancel agreement
only upon written notice and payment of reasonable
cancellation charges, including anticipated profit. Attorney’s fees and court costs necessary to enforce these terms of sale will be paid to the prevailing party. No part of the Agreement may be changed or cancelled except by a
written document signed by SELLER and BUYER. No
course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement.

If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable and all other terms shall remain in full force and effect.

BUYER may not assign or permit any other transfer of the Agreement without SELLER’S prior written consent. The
Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provision

187
QUOTE CQ1025 REV-1
Standard submittals 10 to 12 weeks after receipt of acceptable Purchase Order.

Pump shipment is to 24-26 weeks after drawing approval and release to production.

Manufacture lead-time is estimated and is subject to availability of materials.

General Comments:
• Anchor bolts, installation, field testing, start-up, controls, Victaulic cplg, lubricants, etc. not included. • Delivery terms are F.O.B. Shipping Point. Freight charges are not included.

Terms of Payment: Normal payment terms are net 30 days of invoice. Invoices are dated as of the date of shipment or notice of completion of manufacture if shipment is delayed at Purchaser’s request.

Purchaser’s request shall be any cause whatsoever not reasonably w ithin control of the Seller. If completion of manufacture is delayed at Purchaser’s request, Seller may invoice according to percentage of completion. Storage of equipment shall be at Purchaser’s risk and expense. We reserve the right to make partial shipm ents of equipment and pro rata invoice for that equipment as shipments are made.

Retention of a percentage of the contract sale amount is prohibited unless agreed to in writing prior to our acceptance of contract. Credit worthiness of the purchaser will be determined upon receipt of contract. Credit terms, if authorized, are subject to change during the life of the contract if the financial condition of the Purchaser changes.

Sales and Similar Taxes: Unless otherwise stated in this quotation, prices do not include any Federal, State, or Local sales, use or other taxes that may be applicable to the sales of offered products or services. The amount of any such applicable taxes will be added to the invoice at the rate in effect at the time of shipment.

Terms an d Conditions: This quotation is based solely upon the terms and conditions set forth herein including attachments. They supersede and reject any conflicting terms and conditions of yours. Any other terms and conditions that you may propose are subject to re-quotation.

This quotation will remain open for acceptance until September 30th, 2023. Due to current price increases in materials the quoted prices must be reviewed after this date. Please notify us prior to placing order to determine price increase, if any.

If you have any questions, feel free to call the sales office.

Sincerely,

CASCADE PUMP COMPANY
Attachments: Additional Terms and Conditions

188
QUOTE CQ1025 REV-1

ADDITIONAL TERMS & CONDITIONS

1. Prices are based on direct factory shipment or as noted.

2. The time for shipment given herein is approximate and is estimated from the date of receipt of order with complete manufacturing information and approval of drawings as may be necessary. The Seller shall not be liable for any loss or damage for delay or non-delivery due to the acts of civil or military authority, acts of the Purchaser or by reason of “force majeure”, which shall be deemed to mean all other causes whatsoever not reasonably within the control of the Seller, including, but not limited to acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers, and inability to secure materials, labor or manufacturing facilities. Any delay resulting from any such cause shall extend shipping dates correspondingly. The Seller shall in no event be liable for any special, indirect or consequential damages arising from delay irrespective of the reason thereof, and receipt by the Purchaser shall constitute acceptance of delivery and waiver of any claims due to delay.

3. If quantities vary from those indicated we reserve the right to revise our prices. Where a quantity of material is quoted according to our takeoff, such quantity is believed to be accurate but cannot be guarantee d.

4. If an item quoted is not approved by the Consulting Engineer we assume no responsibility to furnish the item manufactured by others.

5. Orders shall not be subject to cancellation or change by the Purchaser unless agreed to in writing by the Seller. Purchaser will reimburse Seller for all losses and expenses incurred by such cancellation or change. Due to the custom nature of the product, cancellation charges may be up to 100% of order value.

6. Our Warranty on equipment and material covered herein is limite d to that which is extended by the Manufacturer involved. We shall not be responsible for any damage arising directly or indirectly from the installation or use of this equipment. Copies of Warranty available on request.

7. Any preliminary drawings and illustrative materials herewith show general arrangement and approximate dimensions only.

Certified drawings will be submitted after receipt of order if required.

8. No equipment or parts shall be returned to Seller without prior written authorization from the S eller. Partial credit may be allowed for returned material or equipment freight charges prepaid, F.O.B. Sellers factory. Amount of credit authorized will be determined after inspection.

9. Unless Purchaser specifies otherwise in writing. (a) goods will be boxed or crated as Seller may deem proper for protection against normal handling, and extra charge will be made for preservation, waterproofing, export boxing and similar added protection of goods; (b) routing and manner of shipment will be at Sellers discr etion, and may be insured at Purchaser’s expense, value to be stated at order price. On all shipments F.O.B. Sellers factory, delivery of goods to the initial carrie r will constitute delivery to Purchaser and all goods will be shipped at Purchaser’s risk. A claim for loss or damage in transit must be entered with the carrier and prosecuted by Purchaser. Acceptance of material from a common carrier constitutes a waiver of any claims against the Seller for delay or damage or loss.

10. Unless specifically state d herein, all material and/or equipment shall be installed and placed in service by and at the expense and under the exclusive responsibility of the Purchaser.

11. Purchaser shall be responsible for care, maintenance and protection of material and/or equipment after delivery.

Purchaser agrees to provide and maintain adequate insurance for equipment and/or materials covered herein against loss or damage by fire, explosion or other causes during the time between shipment and final payment in an amount fully protecting Seller. The title and right of possession to the machinery shall remain with the Seller and the machinery shall remain personal property irrespective of attachment to or location on any foundation or in any structure, until all payments shall have been made in cash. The Purchaser will do all acts necessary to protect the above title and right. In the event of any default by the Purchaser, the Seller shall have the right to repossess the machinery as well as all other rights afforded to a conditional seller under the provisions of the Uniform Conditional Sales Act and any other applicable laws.

189
QUOTE CQ1025 REV-1

12. All agreements are contingent upon strikes, accidents or other causes beyond our control.

13. Interest chargeable at maximum legal rate on past due items still unpaid after 30 days from date of shipment. In addition to the prices and freight specified, Buyer shall pay all sales, consumers, or other taxes lawfully assessed or levied by the United States, a state or political subdivision thereof, or a munici pal corporation, which are chargeable specifically to the transaction covered by the contract between Seller and Buyer, as well as additional freight rates and additional costs created by legislation or operation thereof.

14. These terms and conditions shall c onstitute a part of any contract which may be entered into and shall not be altered, modified, or added to unless specifically and expressly agreed to in writing by Seller, and all oral agreements and representations of Seller shall be embodied in any writ ten contract of which they are a part. No statement, recommendation or assistance made or offered by the Seller or its representative to the Buyer or his representative, in connection with the use of any products or services sold by the Seller, shall be o r constitute a waiver by the Seller of any of the provisions hereof or change the Seller’s liability, as herein defined or constitute any guarantee or warranty.

15. The validity, interpretation, and performance of any purchase order issued accepting this propo sal shall be controlled by and construed under the laws of the State of California. If legal action is brought to enforce any conditions of the purchase order or because of an alleged dispute, breach or default the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action, in addition to any other relief to which it may be entitled.

190

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.12

DATE: December 19, 2023

TO: City Council

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

SUBJECT: Adoption of a resolution Extending the Deadline to Establish an Online Permitting System for Post- Entitlement Phase Permits Under California Government Code Section 65913.3.5.(AB 2234)

RECOMMENDATION

That the City Council:

1. Find the project to be Categorically Exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15060 (c) (2) and Section 15378;

2. Adopt a Resolution to extend the Deadline to Establish an Online Permitting System for Post-Entitlement Phase Permits Under California Government Code Section 65913.3.5.(AB 2234) (This item did not originate in Committee.)

BACKGROUND

Assembly Bill 2234 (Rivas), which took effect on January 1, 2023, requires local agencies to meet specific guidelines to issue post-entitlement building permits for certain types of housing projects in an expedited time frame, among other provisions by January 1, 2024. The bill only afforded one year for implementation and compliance with all articles of the bill, including establishing an online permitting system.

The bill contains an exemption to the implementation of an online permitting system that allows an extension of up to two years as follows:

65913.3.5. (a) (1) A local agency located in a county with a population of 1,100,000 or greater, or a local agency with a population of 75,000 or greater in any county, as determined by the 2020 census, shall comply with subdivision (b) no later than January 1, 2024.

(2) A local agency required to comply with paragraph (1) may extend the time period described in that paragraph by up to two years if the legislative body of the local agency does both of the following by January 1, 2024:

(A) Makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees.
(B) Has initiated a procurement process for the purpose of complying with subdivision (b).

Staff is recommending that due to implementation challenges, that the City Council makes the findings described above that are necessary to extend the timeframe for compliance as permitted under this provision of the bill.

DISCUSSION

Arising from post-Covid development backlogs and exacerbated by a high percentage of unfilled positions in the 191
Planning and Building and Engineering Divisions, Community Development staff have been focused on addressing the backlog of development applications, and filling vacant positions. Senior manager attention has also been focused this calendar year on the initial year-long discovery phase of the online permitting software implementation (Tyler Energov), as part of the City’s broader Enterprise Resource Planning (ERP) implementation efforts.

While the process of implementing an online permitting system is well underway, the implementation will not align with the January 1, 2024 timeframe requirements of AB 2234. Staff believe that the two year extension granted under the bill would align with the current ERP projection of 12 to 16 months before the online permitting software is fully implemented.

As such, Staff concludes that the City meets the statutory requirements to apply for the extension as follows:

1) Consideration of an “interim” freestanding software program, training and hardware was deemed infeasible due to costs, and recovery of such investment would have resulted in the need fo the City to recover costs through fee increases to cover the need for expansive use of Information Technical (IT) staffing, professional engineering plan check consultants, and to supplement staff; such costs would have been required to be recovered through substantive permit fee increases, and;

2) The City has both initiated and procured consultant support via the ERP project to develop an online permitting software system.

The additional two year period will permit Staff from Community Development and IT to continue their efforts on implementing other elements of the bill, such as a website offering an expanded permit application checklist for submittals and continued participation in the ERP development processing modules to specifically include this new expedited housing permit type.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

By implementing the two year extension, the City will save an unknown but likely significant cost to implement and support an interim software ahead of the ERP project. In addition, the Community will be relieved of having to absorb those unnecessary costs, as well as the likelihood of development processing delays.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Jeff Pengilley, Community Development Director

ATTACHMENTS

1. Resolution

2. Assembly Bill No. 2234

192

CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.

ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDEXTENDINGTHEDEADLINETOESTABLISHANONLINEPERMITTINGSYSTEMFORPOST-ENTITLEMENTPHASEPERMITSTOJANUARY1,2026BYMAKINGSPECIFICFINDINGSPURSUANTTOGOVERNMENTCODESECTION65913.3.5,SUBD.(a) WHEREAS,pursuanttoGovernmentCodeSection65913.3.5,subd.(b),localagencieswithapopulationof75,000ormorearerequiredtoprovideanoptionforpostentitlementphasepermitstobeappliedfor, completed,andretrievedbytheapplicantonthelocalagency’sinternetwebsite;and WHEREAS,underGovernmentCodeSection65913.3,subd.(j)(3)(A),a“postentitlementphasepermit”includes:(i)buildingpermitsandallinter-departmentalreviewrequiredfortheissuanceofabuildingpermit;(ii)permitsforminororstandardoff-siteimprovements;(iii)permitsfordemolition;and(iv)permitsforminororstandardexcavationandgrading;and WHEREAS,pursuanttoGovernmentCodeSection65913.3.5,subd.(a),alocalagencymayextendthedeadlinetoprovideanonlineoptionforpostentitlementphasepermitstobeappliedfor, completed,andretrievedbytheapplicantifthelocalagency:(1)makesawrittenfindingthatadoptinganonlinepermittingsystembyJanuary1,2024wouldrequiresubstantialincreasesinpermittingfees;and(2)hasinitiatedaprocurementprocessforthepurposeofcomplyingwithGovernmentCodeSection65913.3.5,subd.(b);and WHEREAS,whiletheprocessofimplementinganonlinepermittingsystemrequiredbyGovernmentCodeSection65913.3.5,subd.(b)iswellunderway, theCitywillnotbeabletomeettheJanuary1,2024deadlinewithoutimplementingandsupportinganinterimsoftwareprogramthatwillpresentsignificantfinancialandlogisticalburdens;and WHEREAS,byimplementingthetwoyearextensionoftheonlinepermittingsystem,theCitywillavoidsignificantfinancialandlogisticalburdensbynothavingtoimplementandsupportaninterimsoftwarethatwouldhaverequiredsubstantialincreasesinpermittingfees.

NOW, THEREFORE,theCityCounciloftheCityofOxnardfindsasfollows:

1. TheRecitalsabovearetrueandcorrectandareherebyincorporatedintoandmadeapartofthisResolution.

2. TheCity’sadoptionoftheonlinepermittingsystemrequiredbyGovernmentCodeSection65913.3.5,subd.(b)byJanuary1,2024wouldrequiresubstantialincreasesintheCity’spermittingfees. 193
ResolutionNo.Page2of2

3. TheCityhasinitiatedaprocurementprocessforthepurposeofcomplyingwithGovernmentCodeSection65913.3.5,subd.(b).

4. ThedeadlinefortheCityofOxnardtocomplywiththerequirementofGovernmentCodeSection65913.3.5,subd.(b)isherebyextendedtoJanuary1,2026.

PASSEDANDADOPTEDTHIS19thdayofDecember, 2023,bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JohnC.Zaragoza,MayorATTEST:

RoseChaparro,CityClerk
APPROVEDASTOFORM:

StephenM.Fischer, CityAttorney
194
Assembly Bill No. 2234
CHAPTER 651
An act to amend Section 65589.5 of, and to add Sections 65913.3 and 65913.3.5 to, the Government Code, relating to planning and zoning.
[ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2234, Robert Rivas. Planning and zoning: housing: postentitlement phase permits. (1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.

The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.

This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects, as defined, in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county.

This bill would require a local agency, beginning on specified dates determined by population size, to provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website, and accept applications for postentitlement phase permits and any related documentation by electronic mail until that process has been established. The bill would require the local agency to list on their internet website or provide by electronic mail upon request, as applicable, the current processing status of the applicant’s permit.

This bill would establish time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application, as 195
specified, and would make any failure to meet these time limits a disapproval of the housing development project and a violation of the Housing Accountability Act. The bill would define specified terms for its purposes.

By imposing additional duties on local officials, the bill would impose a state-mandated local program. (2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, based on various coastal resources planning and management policies set forth in the act.

This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission. (3) The Housing Accountability Act also requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, except as specified. Existing law specifies the act does not prohibit a housing development project that is an affordable housing project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted if the project has not commenced construction within 3.5 years. Existing law defines “affordable housing project” for purposes of those provisions to mean a housing development in which units within the development are subject to a recorded affordability restriction for at least 55 years, among other things.

This bill would instead require either that units within the development be subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing or that the first purchaser of each unit participate in an equity sharing agreement, as specified. (4) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. Section 65589.5 of the Government Code is amended to read:
65589.5. (a) (1) The Legislature finds and declares all of the following:
(A) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (B) California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the 196
approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
(C) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. (D) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects. (2) In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
(A) California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.
(B) While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor.
(C) The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability. (D) According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025.
(E) California’s overall homeownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in homeownership rates as well as in the supply of housing per capita. Only one-half of California’s households are able to afford the cost of housing in their local regions. (F) Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
(G) The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent.
(H) When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I) An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences. (J) California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section. 197
(K) The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters.

That intent has not been fulfilled.
(L) It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing. (3) It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently.
(b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
(c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(A) Inconsistency with the zoning ordinance or general plan land use designation. 198
(B) The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
(4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low-, and moderate-income categories.
(C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
(e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).

Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
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(f) (1) Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development.
(2) Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project.
(3) Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter. (4) For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for the purposes of this section:
(1) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(3) “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate- income eligibility limits are based.
(4) “Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The 200
developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 years. (5) Notwithstanding any other law, until January 1, 2030, “deemed complete” means that the applicant has submitted a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943. (6) “Disapprove the housing development project” includes any instance in which a local agency does any of the following:
(A) Votes on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph.
(C) Fails to meet the time limits specified in Section 65913.3. (7) “Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
(8) Until January 1, 2030, “objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. (9) Notwithstanding any other law, until January 1, 2030, “determined to be complete” means that the applicant has submitted a complete application pursuant to Section 65943. (i) If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the findings are supported by a preponderance of the evidence in the record, and with the requirements of subdivision (o).
(j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. 201
(2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
(i) Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (3) For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
(4) For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
(k) (1) (A) (i) The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
(I) The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence.
(II) The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence. (III) (ia) Subject to sub-subclause (ib), the local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted. (ib) This subclause shall become inoperative on January 1, 2030. (ii) If the court finds that one of the conditions in clause (i) is met, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an 202
order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section.
(B) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.
(C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
(2) For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section. (l) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court’s order or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. For purposes of this section, “bad faith” includes, but is not limited to, an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the 203
petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted. (2) Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction. (B) A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. (C) Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(D) The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval. For purposes of this subparagraph:
(i) “Affordable housing project” means a housing development that satisfies both of the following requirements:
(I) Units within the development are subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement as described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915.
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(II) All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code. (ii) “Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
(I) The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed.
(II) If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
(E) The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations). (3) This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
(4) For purposes of this subdivision, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
(5) This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section.
(6) This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (7) With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing. (8) (A) This subdivision shall apply to a housing development project that submits a preliminary application pursuant to Section 65941.1 before January 1, 2030.
(B) This subdivision shall become inoperative on January 1, 2034. (p) This section shall be known, and may be cited, as the Housing Accountability Act.

SEC. 2. Section 65913.3 is added to the Government Code, to read:
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65913.3. (a) (1) A local agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a postentitlement phase permit. The local agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review. (2) A local agency shall post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least five types of housing development projects in the jurisdiction, including, but not limited to, accessory dwelling unit, duplex, multifamily, mixed use, and townhome. (3) A local agency shall make the items required by paragraphs (1) and (2) available on the agency’s internet website no later than January 1, 2024.
(b) (1) (A) A local agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 business days after the local agency received the application.
(B) If the local agency determines an application is incomplete, the local agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete.

The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).
(2) (A) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the local agency. (B) In the review of an application submitted pursuant to subparagraph (A), the local agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).
(C) If an applicant submits an application pursuant to subparagraph (A), the local agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This additional application is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1). (3) If a local agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter. (c) (1) For housing development projects with 25 units or fewer, a local agency shall complete the review and either return in writing a full set of comments to the applicant with a comprehensive request for revisions or return the approved permit application on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 30 business days after the local agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).
(2) For housing development projects with 26 units or more, a local agency shall complete the review and either return in writing a full set of comments to the applicant with a comprehensive request for revisions or return the approved permit application on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 60 business days after the local agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).
(3) (A) The time limits in this subdivision shall not apply if the local agency makes written findings within the time limits specified in paragraph (1) or (2) based on substantial evidence in the record that the proposed 206
postentitlement phase permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application. (B) For the purposes of this paragraph, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (4) If the local agency requires review of the application by an outside entity, the time limits in this subdivision shall be tolled until the outside entity completes the review and returns the application to the local agency, at which point the local agency shall complete the review within the time remaining under the time limit, provided that the local agency notifies the applicant within three business days by electronic mail and, if applicable, by posting the notification on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 of the tolling and resumption of the time limit. (d) (1) If a local agency finds that a complete application is noncompliant, the local agency shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (c). (2) The local agency shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (c). (3) If a local agency denies a postentitlement phase permit application based on a determination that the application is noncompliant, the applicant may attempt to remedy the application. (4) If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (c). (e) (1) If a postentitlement phase permit is determined to be incomplete under subdivision (b) or denied or determined to be noncompliant under subdivision (c) or (d), the local agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) (A) With respect to a postentitlement phase permit concerning housing development projects with 25 units or fewer, a local agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period. (B) With respect to a postentitlement phase permit concerning housing development projects with 26 units or more, a local agency on the appeal shall provide a final written determination by not later than 90 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-business-day period. (f) If a local agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5. (g) This section does not place limitations on the amount of feedback that a local agency may provide or revisions that a local agency may request of an applicant. (h) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The local agency shall comply with both sets of standards. (i) This section does not preclude an applicant and a local agency from mutually agreeing to an extension of any time limit provided by this section. However, a local agency shall not require an agreement as a condition of 207
accepting the application for, or processing of, a postentitlement phase permit, unless the agreement is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same housing development project.
(j) For purposes of this section, the following definitions apply:
(1) “Housing development project” has the same meaning as in paragraph (3) of subdivision (b) of Section 65905.5.
(2) “Local agency” means any county, city, or city and county. (3) (A) “Postentitlement phase permit” includes all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following:
(i) Building permits, and all inter-departmental review required for the issuance of a building permit. (ii) Permits for minor or standard off-site improvements. (iii) Permits for demolition.
(iv) Permits for minor or standard excavation and grading. (B) A local agency may identify by ordinance a threshold for determining whether a permit constitutes a “minor” or “standard” permit for the purposes of this paragraph, which shall be supported by written findings adopted by the jurisdiction.
(C) A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, a utility that is not owned and operated by a local agency, or any other entity that is not a city, county, or city and county.

SEC. 3. Section 65913.3.5 is added to the Government Code, to read:
65913.3.5. (a) (1) A local agency located in a county with a population of 1,100,000 or greater, or a local agency with a population of 75,000 or greater in any county, as determined by the 2020 census, shall comply with subdivision (b) no later than January 1, 2024.
(2) A local agency required to comply with paragraph (1) may extend the time period described in that paragraph by up to two years if the legislative body of the local agency does both of the following by January 1, 2024:
(A) Makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees.
(B) Has initiated a procurement process for the purpose of complying with subdivision (b). (3) (A) The following local agencies shall comply with subdivision (b) no later than January 1, 2028:
(i) A local agency with a population of fewer than 75,000 located in a county with a total population of less than 1,100,000, as determined by the 2020 census.
(ii) A county with a population in the unincorporated area of fewer than 75,000, as determined by the 2020 census.
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(B) A local agency required to comply with subparagraph (A) may extend the time period in subparagraph (A) by up to five years if the legislative body of the local agency makes a written finding that adopting an online permitting system on or before January 1, 2028, would require substantial increases in permitting fees.
(b) (1) Subject to subdivision (a), a local agency shall provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website. (2) Until a local agency has established the process required by paragraph (1) on its internet website, it shall accept applications for postentitlement phase permits and any related documentation by electronic mail. (3) (A) The internet website shall list the current processing status of the applicant’s permit by the local agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.
(B) A local agency required to accept applications by electronic mail pursuant to paragraph (2) shall respond to inquiries from an applicant regarding the current processing status of the applicant’s permit via electronic mail.
(c) Notwithstanding subdivision (a), this section shall only apply to large jurisdictions, as defined in Section 53559.1 of the Health and Safety Code.
(d) For purposes of this section, the following definitions apply:
(1) “Local agency” means any county, city, or city and county, including charter cities. (2) “Postentitlement phase permit” has the same meaning as in Section 65913.3.

SEC. 4. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 2 and 3 of this act adding Sections 65913.3 and 65913.3.5 to the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1

DATE: December 19, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: 2023-2024 First Annual Action Plan Amendment. (10 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing regarding the fiscal year 2023-2024 Annual Action Plan Amendment;

2. Approve the fiscal year 2023-2024 Annual Action Plan Amendment recommending a use of Community Development Block Grant funds for acquisition, infrastructure improvements and rehabilitation of real property;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2023-2024 Annual Action Plan and authorize the budget appropriations to fund the administration and projects, including the ability to increase or decrease project funding for the balance of the funds up to $3,035,397.42 to allow for the purchase and improvements of real property;

4. Authorize the City Manager, and his designees, to execute the required documents for the submission of the amended 2023-2024 Annual Action Plan; and

5. Authorize the City Manager, and his designees, to execute all the agreements necessary for the implementation of the Annual Action Plan amendments.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/6nqoUyBTg9o

BACKGROUND

The City of Oxnard receives an annual allocation of approximately $2,200,000 per year from the Community Development Block Grant. The grant program regulations allow for up to twenty-percent of the allocation to fund administration of the program, and up to fifteen-percent of the allocation to fund public services. The remaining sixty- five-percent can support activities such as economic development, infrastructure improvements, accessibility improvements, and capital improvements. Administration and public service activities cannot exceed their threshold caps.

However, the other activities have no spending caps.

Every year funds are fully allocated to eligible activities; however, funds are often left unspent by the year’s end, and are unallocated with the expectation of using them in the following year. Any participating jurisdiction will be deemed in violation of an expenditure requirement if it has more than 150% of the annual allocation unspent as of the first week of May.

Last year, the City of Oxnard failed to meet the timely expenditure requirement. Housing and Urban Development granted the City of Oxnard one year to improve the timeliness expenditure issue. In year two, the City of Oxnard was again unable to expend the required amount and was notified that a workout plan was needed. Staff submitted a workplan October 31, 2023. Federal approval of the workplan remains pending. Program grant funds, totaling $3,035,397.42, that 210
remain unallocated are a result of discontinued capital projects from the Public Works and Housing Departments that caused funds to be deprogrammed during a three-year period from 2020 to 2022.

DISCUSSION
Through the creation of the required workplan, staff identified acquiring real property as a main activity in the use of funds. Acquisition requires a fast-paced process and will require some flexibility with the funds to maintain the pace of a motivated seller.

Staff requests that City Council allow the City Manager and staff the ability to use the funding for acquisition, rehabilitation and infrastructure of real property, including associated soft costs. Staff proposes to acquire property for the future development or rehabilitation of residential, commercial or mixed-use projects. Federal regulations permit the use of Community Development Block Grant funds for such uses where the development serves low- and moderate-income persons.

A draft 2023-2024 Annual Action Plan Amendment was made available for public review on the Housing Department website for thirty days. (https://www.oxnard.org/city-department/housing/grants-management/).

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Attachment 1 provides reference to the $3,035,397.42 that were unspent in prior years. Community Development Block Grant funds are available for use for eight years. After the eighth year, the ability to use funds expires and the City of Oxnard must return unexpended funds to the Department of Housing and Urban Development. After this amendment, any carry over (unspent) funds will be included in the annual budget for prospective projects.

All activities in the amendment will be supported by available HUD grant funding. Approval of the recommended actions will authorize any necessary grant revenue and/or expenditure budget amendments.

COMMITTEE OUTCOME

This item is a public hearing and therefore did not originate in Committee.

Prepared by: Andrea Palmer, Grants Manager

ATTACHMENTS

1. 2023-24 Annual Action Plan Funding Recommendations

2. 2023-24 Annual Action Plan Amendment Draft

3. PowerPoint Presentation

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2023-2024 Community Development Block Grant
Reallocation to New Activity
CDBG Program Year Unallocated Funding Amount
2020 $42,261.57
2021 $1,642,194.26
2022 $1,350,941.59
TOTAL: $3,035,397.42
New Activity Revised Funds
Real Property Acquisition $3,035,397.42
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City of Oxnard
2023 Annual Action Plan
Amendment Draft

November 2023

Prepared by:

City of Oxnard – Housing Department – Grants Management 435 South D Street, Oxnard, California, 93030

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – City of Oxnard amendment to reallocate prior year resources for new projects to the Community Development Block Grant (CDBG) funds to the fourth year 2023 Annual Action Plan in the 2020- 2024 Ventura County Regional Consolidated Plan, per City of Oxnard Council Action on May 16, 2023. This is a substantial amendment and requires the first amendment to this document. The amendment is exclusively for the prior year CDBG funds as changes to a specific project have been identified in the AP-38 of this report. City of Oxnard City Council action scheduled on December 19, 2023.

1. Introduction
The City of Oxnard is within Ventura County, California, located northwest of Los Angeles and southwest of Santa Barbara. Oxnard is the largest city in the county with the population of 202,063, according to the United States Census Bureau population estimates in 2020. The regulations of the United States Department of Housing and Urban Development (HUD) require that an Annual Action Plan (AAP) be submitted for each plan year within an agency's Consolidated Plan.

The City of Oxnard (City) joined the Ventura County Regional Consolidated Plan (Regional ConPlan) for the 2020-2024 ConPlan period. The collaborators that developed the Regional Consolidated Plan are the County of Ventura, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, San Buenaventura (City of Ventura), Simi Valley, and Thousand Oaks. The Regional ConPlan document is a HUD requirement that provides a needs and gaps analysis of the community to base Annual Action Plan goals and activities on, and to ensure that the targeted populations and geographic areas are being served in accordance to HUD regulations.

The AAP’s annually identify the resources available to address those needs identified in the Regional ConPlan, describe the activities that will be undertaken designed to meet the annual goals and objectives that relate to the identified needs as determined in the Regional ConPlan, describe the geographic areas targeted for assistance, include the Citizen Participation Plan, and set the basis for performance monitoring whereby results are measured as goals accomplished and outcome indicators.

Goals and objectives of the community needs identified in the Regional ConPlan will be accomplished by activities specified by the City’s AAPs. With the 2023 AAP, the City will implement activities that continue to strive to derive positive outcomes that were set forth as goals for the Regional ConPlan period, Plan Year 2023. The current AAP will cover the period of July 1, 2023 to June 30, 2024 (plan year 2023). Herein are described the expected federal, state and local resources, the priorities and specific 214

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objectives the City desires to achieve, and the activities that will be undertaken throughout the 2023 plan year.

In recent years, the City’s allocation of entitlement grant funds from HUD has either increased or remained relatively unchanged but this year's allocation slightly decreased. The Plan year 2023 allocations are; Community Development Block Grant (CDBG) $2,213,917 a decrease of 6.4%, HOME Investment Partnerships (HOME), $768,867 a decrease of 10.1% and Hearth Emergency Solutions Grant (HESG), $207,883 a decrease of 1.7%. Total HUD entitlement grant funds decreased by 7%, to $3,190,667.

The City's goals, as identified in the Regional ConPlan, can be found throughout this AAP, and are designed to principally serve extremely-low, low-, and moderate-income residents by addressing the following:
● Improve the Supply of Affordable Housing
● Enhance Economic Stability
● Increase Social Services
● Work to End Homelessness
● Create Quality Neighborhoods
● Effective Administration
The AAP describes the resources expected to be available in the coming program year from federal, state, local and private sources, and also includes a description of the activities that will be undertaken to meet the specific objectives.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City is being guided by HUD's Office of Community Planning Development Outcome Performance Measurement System to address the high priority needs stated in its Regional ConPlan. When funding an activity, the City determines which of three HUD objectives best describes the purpose of the activity.

The three objectives are:
● Suitable Living Environment (SL) - In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. ● Decent Housing (DH) - The activities that typically would be found under this objective are designed to cover the wide range of housing programs possible under HOME, CDBG or HESG.

This objective focuses on housing programs where the purpose of the program is to meet 215

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individual family or community needs and not programs where housing is an element of a larger effort, since such programs would be more appropriately reported under Suitable Living Environment.
● Creating Economic Opportunities (EO) - This objective applies to the types of activities related to economic development, commercial revitalization, or job creation.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City combines the information reported to HUD in the FY2021-22 Consolidated Annual Performance and Evaluation Report (CAPER) and the directives from HUD in the determination and recommendation of the FY2023-24 AAP proposed projects.

The three major program areas underlining CDBG, HESG and HOME entitlement grants, such as (1) Decent and Affordable Housing, (2) Suitable Living Environment, and (3) Economic Opportunities, coupled with the Continuum of Care (CoC) of Homelessness have received a high priority in the 2020-24 Regional ConPlan. The goals and accomplishments for Plan year 2023 are summarized in the Annual Goals and Objectives AP-20 in the AAP.

Accomplishments achieved during the program year (PY) 2021(July 1, 2021 through June 30, 2022) were evaluated in detail in the PY 2021 CAPER. The CAPER was completed and submitted to HUD on October 13, 2022. Due to COVID-19, programs had challenges during the pandemic to meet the annual goals in 2021-22.

Public Services actual accomplishments total was 8,271 persons. Homeless programs provided services to 917 homeless persons, senior programs provided services to 44 persons, youth services provided services to 1,180 persons, health services programs provided services to 49 persons, food pantry services provided services to 6,081 persons for Oxnard residents during FY2021-22.

Public Improvements and Infrastructure activities included park improvements located in low- and moderate-income areas at Community Center East Park, Wilson Park and Pleasant Valley Park and homeless shelter building improvements for Oxnard residents city-wide. The programs have not completed yet due to staff turnover in Public Works, however, the projects are anticipated to complete in program year 2023-2024.

Homeowner Rehabilitation was awarded funds in FY 2021-22, and was unable to complete its program due to the impacts related to COVID-19, therefore the program has been on hold for the past two years. Once the program has the capacity to commence services, CDBG funds will be considered to assist with the service.
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Code compliance conducted 2,366 inspections in FY2021-22.

Homelessness services funded by HESG provided 86 persons with emergency shelter services and 20 households were provided rapid rehousing services in Oxnard during FY2021-22. Street Outreach is expected to move forward in FY2022-23.

The HOME funds provided 3 (three) down payment assistance loans to low- and moderate-income household Oxnard residents issued in FY2021-22.

No rental units were constructed this year, however, there have been two projects selected for HOME commitment of funds that are scheduled to break ground in fiscal year 2022-23.

Within the CARES Act program, the Public Services accomplishments total 214 persons assisted within the CDBG-CV program. In Economic Development- the Business Assistance program, reported 1 (one) loan created in FY 2021-22. The Economic Development program continues to serve business in FY 2022-23. There were six CDBG -CV activities that completed in FY2021-22 and five activities that did not move forward due to the inability to carry out their activities during covid pandemic. The City has processed an amendment for the CDBG-CV balance of remaining funds in February 2023 in order to move forward with projects related to COVID-19.

CARES ACT ESG-CV, emergency shelter assisted 173 persons, street outreach program assisted 416 persons and 11 households (27 persons) were assisted with rapid rehousing in FY2021-22. The ESG-CV funds will continue to assist homeless persons in FY2022-23.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE- For purposes of the Annual Action Plan Amendment, the public hearing is scheduled on December 19, 2023 during the full Council meeting. A 30-day public comment period was conducted between November 17, 2023 and December 19, 2023.

Comments are pending during the comment period.

As part of the AAP development, the City staff scheduled two public hearings: (1) February 14, 2023 and (2) May 16, 2023:

The Public Hearing-February 14, 2023 provided the opportunity for the public to comment on unmet community needs for FY 2023-24 AAP. As part of the development process of the AAP, City Staff developed a mailing list of more than 60 emails and addresses consisting of organizations, service providers; Oxnard Wilson Senior Center-Special Population Services for persons with disabilities, Oxnard Housing Authority, Oxnard Senior Centers and cities within Ventura County and cities within Ventura 217

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County were provided a copy of the public hearing in English and Spanish. The public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximately 250 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website, broadcasted on the public viewing TV Channels 10/35 and posted in public buildings such as the Main Library, City Clerk's Office and Housing Department Administration building. The public comment period started December 9, 2022 and ended on February 14, 2023. During the public comment period there were no written public comments submitted and no verbal public comment was received during the public hearing. In accordance with Assembly Bill 361 and in response to the declared state and local emergencies due to the novel coronavirus, the legislative body will meet in-person and remotely. To participate remotely visit www.oxnard.org To find out how you may provide public comment, please refer to the instruction 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. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.

Second public hearing –May 16, 2023 (1) to provide the opportunity to the public to comment on the projects recommended for funding for FY 2023-24 AAP and the draft AAP; and (2) to receive recommendations and direction from the City Council regarding the FY 2023-24 AAP grant funding. As part of the development process of the AAP, City Staff developed a mailing list of more than 60 emails and addresses consisting of organizations, service providers; Oxnard Wilson Senior Center-Special Population Services for persons with disabilities, Oxnard Housing Authority, Multi Service Center- Resident Services in Oxnard Colonia neighborhood, Oxnard Senior Centers and cities within Ventura County were provided a copy of the public hearing in English and Spanish. The public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximately 250 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website, broadcasted on the public viewing TV Channels 10/35 and posted in public buildings such as the Main Library, City Clerk's Office and Housing Department Administration building. The public comment period started April 14, 2023 and will end on May 16, 2023.

There was no verbal comment and one written comment was submitted during the public comment period.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
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FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – All comments will be accepted, then recorded upon the completion of the 30-day public comment period.

First Public Hearing: February 14, 2023

During the first Public Hearing, there were no verbal comments submitted. In addition, no written comments were submitted during the public comment period.

Second Public Hearing: May 16, 2023
During the second Public Hearing, there were no verbal comments submitted. In addition, one written comment was submitted during the public comment period. The written comment was in reference to the 2023-2024 HESG Grant Awards: Formal Appeal Letter to request reconsideration of grant funds for The Kingdom Center.

6. Summary of comments or views not accepted and the reasons for not accepting them FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – Comments pending during the 30-day public comment period. Final amendment will provide an update; however, all comments will be accepted for the record.

During the first Public Hearing, all comments were accepted.

During the second Public Hearing, all comments will be accepted.

7. Summary
FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – Comments pending 219

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency OXNARD

CDBG Administrator OXNARD Housing Department
HOPWA Administrator
HOME Administrator OXNARD Housing Department
ESG Administrator OXNARD Housing Department
HOPWA-C Administrator
Table 1 – Responsible Agencies

Narrative (optional)
The City of Oxnard has designated the Housing Department’s Grants Management Division to develop the Annual Action Plan, the Comprehensive Annual Performance and Evaluation Report, and the Regional Consolidated Plan. The Housing Department‘s Grant Management Division implements and administers programs and activities under the Plan.

Consolidated Plan Public Contact Information
City of Oxnard
Housing Department
435 South D Street Oxnard CA 93030
Phone: (805) 385-8096
E-mail: [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Federal regulations require that a participating jurisdiction consult extensively with community service providers, other jurisdictions and other entities with a potential interest in or knowledge of that jurisdiction's housing and non-housing community development issues. Staff have developed and followed a detailed schedule which provides for and encourages citizen participation emphasizing the participation of persons of low- and moderate-income.

The regional consolidated plan and the annual action plan represent a comprehensive planning effort mainly led by Housing Department-Grants Management Division staff, with involvement of (1) local government experts; (2) the social services community; (3) residents; and, (4) consultation with other local HUD entitlement communities. The following items are examples of the consultations efforts:
● Grants Management Division staff work closely with other City staff members such as:

Affordable Housing and Rehabilitation; Homeless Assistance Program; Development Services; Utilities; Treasury; Oxnard Housing Authority; Community Development Services; Code Compliance; Geographical Information System; Recreation and Community Services; and Finance to ensure that careful consideration is given to the City's identified needs, and that programs and services are cost-effective and meet specific goals and objectives in order to develop and implement the Regional ConPlan and the AAP.

● City staff members in the Department and/or Divisions; Affordable Housing and Rehabilitation, Homeless Assistance Program, Development Services, Utilities, Treasury, Oxnard Housing Authority, Community Development Services, Code Compliance, Geographical Information System, Recreation and Community Services and Finance provide supportive services as needed to accomplish ConPlan development efforts.

● Housing staff during the fiscal year cycle continue to provide HUD program workshops to social service agencies and the opportunities for the residents to participate in the public hearings.

● The Housing staff finalized the City of Oxnard Analysis of Impediments to Fair Housing (AI), which is required by HUD to be submitted once every five years. In January of 2019, the City and the County of Ventura agreed to collaborate on the production of the AI, which was completed and adopted by the Oxnard City Council in May of 2020.
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Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City consulted with the agencies/organizations while preparing the AAP, through public hearings, workshops, forum meetings, and training sessions (individuals and group discussions):
● The City of Oxnard City Council conducted two (2) public hearings, on 2/14/23 and 5/16/2023, as prescribed in the Citizen Participation Plan.
● Grants Management Division staff held four (4) community meetings on 1/19/23, 1/26/23, 2/2/23 and 2/8/23 to obtain input from the community.
● Grants Management Division staff held three (3) grant application workshops on 1/18/23, 1/25/23 and 2/1/23 to interested parties to submit an application for grant funding. ● Resident Input of Community Need Plan Year 2023 Survey was available on the Housing Department, Grants Management website from December 7, 2022 to May 16, 2023 and a survey flyer was distributed weekly in the city neighborhood newsletter. ● A community Fair Housing workshop, free to the public, was conducted by the Housing Rights Center seminar was scheduled for January 25, 2023 - Landlord and February 23, 2023-Tenants. ● Consultations with four affordable housing developers (Cabrillo Economic Development Corporation, Habitat for Humanity, People Self-Help Housing, and Many Mansions) were held throughout the year;
● Attended the regional Continuum of Care (CoC) meetings to discuss the application, homeless needs and program directions and strategies;
● The City of Oxnard Commission on Homelessness conducts monthly meetings; ● Facilitated monthly meetings bringing together service providers and the Police Department’s Homeless Liaison Unit to coordinate services and planning; ● Participate in monthly Veterans Case Conferencing meetings with the CoC, Veterans Affairs and service providers;
● City Lead for Ventura County annual Homeless Point In Time Count; ● Chair for a Regional Advisory Council for Mercy House (emergency shelter service provider); ● Participate in monthly Community Intervention Court meetings with the police department, service providers, and city attorney
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

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Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Continuum of Care (CoC's) Data Performance and Evaluation Sub Committee is tasked with establishing performance measures and new policies and procedures for all homeless grant funds and activities. The HMIS Steering Committee is tasked with developing the policies and procedures that govern HMIS, which is administered by the County of Ventura.

City staff continue to work with the CoC to develop performance standards for and evaluation of outcomes for ESG-funded projects and activities. Through participation on regional sub-committees staff also continue to inform HMIS policies, procedures, operations and administration.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

Table 2 on next page.
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization CITY OF OXNARD
Agency/Group/Organization Type PHA
Services - Housing
Services-homeless
Service-Fair Housing
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City of Oxnard Public Housing Authority and the Affordable Housing Division are under the direction of the Housing Director of the City of Oxnard, as is the Grants Management Division. A bi-monthly management meeting was held for all Housing staff, including OHA staff. The topics were comprehensive and specific with detailed instructions on handling the issues which can be related to housing, homelessness and/or community partnership. Because the OHA is a component unit of the City and a Division of the City Housing Department, coordination occurs on a daily basis.
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2 Agency/Group/Organization MERCY HOUSE
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Discussed outreach, case management and homeless services provided by Mercy House to support overnight shelter for the homeless. 3 Agency/Group/Organization PEOPLES SELF HELP
Agency/Group/Organization Type Non-Profit
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
During the current fiscal year People Self-Help Housing submitted a funding application requesting HOME program funding for the development of a 100% affordable housing development, known as Cypress Place at Garden City. The project will consist of two phases. HOME funding is being requested for the first phase, which will include a total of 90 rental units (inclusive of one unrestricted manager's unit). In FY 2022-23 the City awarded this project $1,600,000 in HOME funds for construction of this project. Expected to be completed in 2025. 4 Agency/Group/Organization Habitat for Humanity of Ventura County Agency/Group/Organization Type Non-Profit CHDO
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
During the current fiscal year Habitat for Humanity requested a HOME program funding application for development of a new project. However, Habitat for Humanity has not submitted an application yet.
5 Agency/Group/Organization Many Mansions
Agency/Group/Organization Type Non-Profit CHDO
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Many Mansions submitted a funding application for development of an 87 unit development in downtown, known as Central Terrace Apartments in 2020.

While the City initially considered HOME funds as the funding source, the City instead provided City in-lieu funds. In 2022 Many Mansions secured all funding necessary to move forward with this project and is estimated to begin construction in June 2022. The development will be 100% affordable and will provide 8 City in-lieu units and will also be receiving 35 Project Based Vouchers from the Oxnard Housing Authority to provide 35 permanent supportive housing units to homeless households and will also provide on-site supportive services.

Many Mansions is in the process of obtaining land use approvals for Phase II of their downtown development, Phase II of their development is known as Aspire Apartments. Many Mansions has expressed interest in submitting an application for HOME-ARP funding for this project or the use of other funds, for a gap- financing loan, but given that the City is still required to complete a community engagement process and submit a plan to HUD to determine the use of HOME- ARP funds, the City is not able to consider any applications for use of these funds at this time.
6 Agency/Group/Organization CABRILLO ECONOMIC DEVELOPMENT CORPORATION Agency/Group/Organization Type Non-Profit CHDO
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Cabrillo applied for HOME CHDO development assistance funds to construct 57- rental units which will include housing for farmworker families, located at the corner of Pleasant Valley Road and Etting Road, Oxnard, CA 93033. The Housing Department previously issued a conditional letter of approval to Cabrillo for this development, however, given that the conditional approval was for a 42 unit development which has now been increased to 57 units, the Housing Department is currently in the process of reviewing their updated application for consideration of HOME funds.
7 Agency/Group/Organization THE KINGDOM CENTER
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
ADA compliance and resource development
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Kingdom Center was toured by staff and determined areas of the facility that could be upgraded, enhanced and modified to promote greater access for persons with disabilities. In 2020-2021, architectural plans were completed for the project, and it is anticipated that the construction phase of the project will commence in 2023. The project includes not only ADA improvements and increased accessibility in the exterior of the complex, but also an expansion of bathroom capacity to meet the needs of the client population. 227

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8 Agency/Group/Organization County of Ventura Human Services Agency Agency/Group/Organization Type Services-homeless
Services-Health
Other government - County
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Lead-based Paint Strategy
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Created and implemented a coordinated plan conducting encampment response at a large homeless encampment. The City conferred with the Ventura county Public Health Department regarding addresses of housing units wherein children have been identified as lead-poisoned in the City of Oxnard. Prior to implementation of the 2023 Annual Action Plan, the City will receive a list of addresses if such a list exists. Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead- based paint, as applicable inspections requirements. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with "Environmental Intervention Blood Lead Level"(EBLL). OHA staff provides a brochure related to lead based paint hazards to all new program participants and tenants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements. 9 Agency/Group/Organization Housing Rights Center
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Fair Housing, Discrimination
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City contracts with a professional fair housing service provider, the Housing Rights Center (HRC), through a regional agreement with the County of Ventura.

The HRC provides fair housing counseling, discrimination complaint investigation, complaint processing, and dispute resolutions services for Oxnard tenants, home seekers, and housing providers. In addition, twice every year the HRC staff provides free fair housing training seminars for the public, along with a bi-annual training presented to the staff of the Oxnard Housing Authority and city housing staff on their fair housing obligations and responsibilities.

Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of
Care
Ventura County CEO's
Office
The goals of the Strategic Plan overlap with the goals of each plan by ensuring homeless persons have access to adequate services to help reduce the incidence of homelessness.

Oxnard Housing
Authority Agency
Plan
Oxnard Housing
Authority
The OHA Plan presents the program policies and procedures related to Public Housing units and the Section 8 housing program, which overlaps with the AAP for delivering and providing affordable housing units to Oxnard residents. OHA is currently administering 15 set aside homeless preference vouchers per fiscal year, 77 VASH vouchers, 46 Emergency Housing vouchers, 10 Family Unification vouchers and 40 Mainstream vouchers. 230

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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Oxnard
Housing Element
State of California
Housing and Community
Development (HCD)
The City's Adopted Amended 2021-2022 6th cycle Housing Element was approved by City Council on October 4, 2022, and certified by HCD on Oct. 25, 2022, identifies and analyzes the current and future housing needs of residents within the City of Oxnard (City). This document establishes housing goals, policies, and programs to meet the needs of certain special populations and provide adequate development opportunities for the private and non-profit sectors. The housing requirements of lower income households and special needs groups are given particular attention.

Regional Housing
Needs Allocation
(RHNA)
Southern California
Association of
Governments (SCAG)
The City is in the region covered by the Southern California Association of Governments (SCAG). For each Housing Element planning cycle, SCAG is required to determine the Regional Housing Need Assessment (RHNA) allocation for each city and unincorporated county areas within the SCAG region. For the 2021-2029 6th Cycle Housing Element period, SCAG has allocated to the City 8,549 dwelling units, of which 2,911 units are required to be affordable to lower income households and 1,538 are affordable to moderate income households Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Implementation of the 2023 Action Plan requires coordination and compliance with the local and regional needs established by the City of Oxnard, County of Ventura, Southern California Association of Governments and the State of California.

California state law requires Metropolitan Planning Organizations (MPOs) to determine the existing and projected housing need for their regions. The County of Ventura and City of Oxnard are part of the Southern California Association of Governments (SCAG) MPO, which also includes Los Angeles, Orange, Riverside, San Bernardino, and Imperial counties. For each Housing Element planning cycle, SCAG determines the share of existing and projected housing need by affordability level using the Regional Housing Need Assessment (RHNA) process for its 192 member jurisdictions.
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City of Oxnard’s General Plan contains a Housing Element that makes “adequate provision for the existing and projected housing needs of all economic segments of the community.” The Housing Element must be revised and updated every eight years after 2010 due to SB 375. A community is not obligated to actually provide housing to all in need but the Regional Housing Needs Allocation (RHNA) is a “distribution of housing development capacity” that each city and county must zone for in a planning period for all economic levels, though the housing requirements of lower income households and special needs groups are given particular attention. RHNA is integral to the development of a Sustainable Community Strategy (SCS). The Housing Element is a planning document, requiring the City to plan for meeting the jurisdictions eight-year RHNA allocation. The Housing Element establishes local densities to achieve RHNA housing allocations, as well as Housing Element programs to achieve RHNA goals while meeting the City’s approach at achieving SCAG’s SCS’s.

The time frame during which housing accomplishments towards the RHNA can be counted (RHNA cycle) is June 30, 2021 through October 31, 2029. The City seeks to conserve and rehabilitate existing housing as well as provide opportunities for new development. The 2021-2029 SCAG RHNA determined that 2,911 units are required to be affordable to lower income households and 1,538 are affordable to moderate income households.

The City Housing Department’s mission is to promote the general welfare of the City by remedying unsafe and substandard housing, and by relieving the shortage of affordable housing for City residents. This mission is consistent with the City’s General Plan and laws governing our housing funds and resources. The purpose of the Housing Department is to provide decent, safe, attractive, sanitary, and well maintained housing for eligible low and very low income families in a manner that promotes commitment, exemplary customer service, economy, efficiency, and the social well-being of the residents.

All City housing projects undertaken with federal funds from HUD or other state or federal funding source must comply with the requirements of the City’s Housing Element, General Plan, SCAG, State of California Housing and Community Development Department (HCD) and HUD. 232

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

Citizen Participation Outreach table on next page.

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Citizen Participation Outreach
Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing
Public Hearing
occurred on
February 21, 2023;
Multiple persons
attended the
public hearing
1st Public
Hearing- no
written comment
and no verbal
comment was
received
All comments
accepted NA
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2 Newspaper Ad
Non-
targeted/broad
community
Advertisement for
the public hearing
notice and the 30-
day public
comment period
was published in
the Vida
newspaper in
English and
Spanish on
December 8, 2023
and January 12,
2023; English and
Spanish versions of
Notices were
broadcasted on
Public Channel
10/35, Public
Notices regarding
Public Hearings
sent out to Oxnard
Residents, 60
notices mailed out
and emailed, and
Notices were
posted on the City
of Oxnard website
No comments
were received
No comments were
received NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
both in Spanish
and English.
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25 OMB Control No: 2506-0117
3 Community
Meetings
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing
2 people attended
the community
meeting. The
community
meetings were
located at the
Oxnard Public
Library on
1/19/23, South
Oxnard Center
1/26/23,
Community Room
at Terraza De Las
Cortes on 2/2/23
and a virtual
meeting on
2/8/23.

Comments were
City needs
domestic
violence- shelter
and
undocumented
clients-
indigenous
shelter, housing
supportive
services.

Homeless and
Affordable
Housing projects
such as
Homeless
Engagement.

Homeless
encampment at
Saviers &
Channel Islands
Blvd- South
Oxnard. Install a
bike path to
Bubbling Springs
follow railroad.

All comments
accepted NA
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4 Resident Survey
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community
16 people
submitted
Resident surveys
to provide needs
in the community.

Survey provided in
English & Spanish
Comments were
youth
programming
from the city and
parks; Affordable
Housing and
homeless
services with
counseling;
Homeless
encampments
need to be
cleaned up and
help those access
rehabilitation
services; and
Marina West
Park playground
needs to be
updated with
new playground
equipment;
Beach patrol,
animal control
patrol, code
compliance re:
fence height,
barricades
All comments
accepted NA
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between houses
on Mandalay
Beach Road
preventing beach
access and code
compliance to
work weekends;
rehabilitation
loan programs;
Sidewalks in the
southern Wilson
neighborhood
(low income
area) haven’t
been repaired in
25+ years; to
limit the
proliferation of
smoke shops and
liquor stores in
south Oxnard,
stricter
regulations
should be
implemented,
Increased
presence of
graffiti action
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crews and
improved
signage in the
Blackstock south,
Fresh & Easy and
Hughes owners
to invest in their
business areas,
Signs for no
double parking
on Yucca street-
creates traffic &
accidents; More
bike paths, esp.

Rose all the way,
Move Food Share
from College
Park on Weds to
churches so as to
not clog up Rose
and close the
park, Turn old
Subway on
Pleasant Valley
into Comm
Action
South/Comm
Center training
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
facility for people
and
Neighborhood
Help Groups;
Assist police &
Neighborhood
Watch Youth
Groups with
grants for
training & justice
program.
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
5 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Low/mod
income Oxnard
residents
Second public
hearing will be
held on May 16,
2023
2nd Public
Hearing
comments - no
verbal comment
was received and
one written
comment was
received
All comments
accepted NA
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6 Newspaper Ad
Non-
targeted/broad
community
Advertisement for
2nd public hearing
notice and the 30-
day public
comment period
was published in
the Vida
newspaper in
English and
Spanish on April
13, 2023; English
and Spanish
versions of Notices
were broadcasted
on Public Channel
10/35, Public
Notices regarding
Public Hearings
sent out to Oxnard
Residents, 60
notices mailed out
and emailed, and
Notices were
posted on the City
of Oxnard website
both in Spanish
and English.

No Comments
were received
No Comments were
received NA
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
7 Internet
Outreach
Non-
targeted/broad
community
Not Measured No comments
received
No Comments
Received
https://www.oxnard.org/
city-
department/housing/gra
nts-management/
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
8 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Low/mod
income Oxnard
residents

FIRST ANNUAL

ACTION PLAN

AMENDMENT
UPDATE - Public
hearing will be
held on December
19, 2023
Public Hearing
comments –
pending public
hearing
All comments
pending public
hearing
NA
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In Plan year 2023, the formula grant calculations of HUD allocations to City of Oxnard are CDBG $2,213,917, HOME $768,867 and HESG $207,883, a total of $3,190,667 in entitlement grants from HUD. In addition, estimated program income of $100,000 for CDBG programs and $100,000 for HOME programs. This will increase total available resources from the 2023 Plan year to $3,390,667. The source of program income comes principally from repayment of loans and recaptures from defaults. Those funds will be used towards meeting the goals and objectives of the 2023 AAP
FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – Mid-Year reallocation of new projects of CDBG funded with prior year resources of $3,035,397.

Anticipated Resources
Table on next page.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainde
r of
ConPlan
$
Narrative Description
Annual
Allocation
: $
Program
Income:
$
Prior Year
Resources
: $
Total:
$
247

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CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
2,213,917 100,000 3,305,397
2,313,91
7 3,011,129
Block grant from HUD to address
housing, community development, and
economic development needs.2023
CDBG Allocation and Program income is
$2,313,917 available resources from
CDBG Plan year 2023. Uses of the
available resources will be according to
the funding priorities set forth in the
ConPlan. The specific Activities will be
set up in IDIS. The uses of funds will be
capped according to the HUD
regulations for: (1) Admin and Planning -
no more than 20%, or $462,783 and (2)
Public Services up to 15%, or $347,087.

The 2023 balance will be distributed as
Public Improvements & Other Programs
as detailed by the City during the AAP
process.

FIRST ANNUAL ACTION PLAN
AMENDMENT UPDATE – Mid-Year
reallocation of new projects of CDBG
funded with prior year resources of
$3,035,397
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
768,867 100,000 0 868,867 567,301
Grant from HUD to address affordable
housing needs. In plan year 2023, HOME
Allocation is $768,867 and expected
program income is $100,000; total of
248

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainde
r of
ConPlan
$
Narrative Description
Annual
Allocation
: $
Program
Income:
$
Prior Year
Resources
: $
Total:
$
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA
$868,867. Uses of funds are; (1)
Administration - no more than 10% or
$86,886 and (2) CHDO Set Asides - at
15% or $115,330. In addition, $666,651
is available for housing development. In
addition to the CHDO set-aside.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainde
r of
ConPlan
$
Narrative Description
Annual
Allocation
: $
Program
Income:
$
Prior Year
Resources
: $
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-
housing (rental
assistance)
Rental
Assistance
Services
Transitional
housing 207,883 0 0 207,883 201,814
Grant from HUD to address needs and
services for homeless persons or
persons at risk of becoming homeless.

Plan year 2023 Available resources for
HESG is $207,883. The limited
availability of HESG resources is spread
across the uses identified in this table.
1) HESG Administration and Planning
costs are no more than 7.5% or $15,591
and (2) Emergency Shelter and Street
Outreach cost is no more than 60%, or
$124,729. The 2023 balance will be
distributed as Homeless Prevention,
HMIS, & Rapid Re-Housing eligible
activities as detailed by the City during
the AAP process.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainde
r of
ConPlan
$
Narrative Description
Annual
Allocation
: $
Program
Income:
$
Prior Year
Resources
: $
Total:
$
Other public -
federal
Other
0 0 0 0 0
Allocated in PY 2020, $5,255,055 in ESG-
CV funding to prevent, prepare for, and
respond to the coronavirus pandemic
among individuals and families who are
homeless or receiving homeless
prevention activities to mitigate impacts
of COVID-19
Table 1 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city property leased for homeless shelter at 1450 S. Rose Ave, Oxnard, CA Temporary Emergency Shelter at 351 South K Street, Oxnard, CA Oxnard Housing Authority Public Housing Sites
Discussion
The resources for 2023 AAP will accomplish more activities but will not meet all the needs prevalent throughout the city.

Allocated in PY 2020, CARES Act funding is included in "Other" section in table above, $3,088,367 in CDBG-CV funds to be used to prevent, prepare for and respond to the coronavirus and $5,255,055 in ESG-CV funding to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate the impacts of COVID-19. CDBG-CV and ESG-CV allocation in 2020-21.

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Improve Supply
of Affordable
Housing
202
0 202
4 Affordable
Housing
New Rental Housing
Housing Support and
Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
CDBG:
$250,000
HOME:
$781,981
CDBG-Prior
Year
Resource:
$3,035,397
Rental units constructed: 5
Household Housing Unit
Direct Financial Assistance to
Homebuyers: 10 Households
Assisted
**AMENDMENT UPDATE- 25
Households
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2 Enhance
Economic
Stability
202
0 202
4 Non-Housing
Community
Development
Increase Job Skills
Facade
Improvements
Local
Entrepreneurship
CDBG: $0
HOME: $0
ESG: $0
CDBG-CV:
$0
ESG-CV: $0
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 0 Persons Assisted
Public Facility or Infrastructure
Activities for Low/Moderate
Income Housing Benefit: 0
Households Assisted
Public service activities other than
Low/Moderate Income Housing
Benefit: 0 Persons Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 0 Households Assisted
Facade treatment/business
building rehabilitation: 0 Business
Brownfield acres remediated: 0
Acre
Rental units constructed: 0
Household Housing Unit
Rental units rehabilitated: 0
Household Housing Unit
Homeowner Housing Added: 0
Household Housing Unit
Homeowner Housing
Rehabilitated: 0 Household
Housing Unit
Direct Financial Assistance to
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
Homebuyers: 0 Households
Assisted
Tenant-based rental assistance /
Rapid Rehousing: 0 Households
Assisted
Homeless Person Overnight
Shelter: 0 Persons Assisted
Overnight/Emergency
Shelter/Transitional Housing Beds
added: 0 Beds
Homelessness Prevention: 0
Persons Assisted
Jobs created/retained: 0 Jobs
Businesses assisted: 0 Businesses
Assisted
Housing for Homeless added: 0
Household Housing Unit
Housing for People with HIV/AIDS
added: 0 Household Housing Unit
HIV/AIDS Housing Operations: 0
Household Housing Unit
Buildings Demolished: 0 Buildings
Housing Code
Enforcement/Foreclosed Property
Care: 0 Household Housing Unit
Other: 0 Other
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Increase Social
Services
202
0 202
4 Non-Homeless
Special Needs
Assistance for Senior
Residents
Social Services
Youth Activities and
Services
CDBG:
$292,087
Public service activities other than
Low/Moderate Income Housing
Benefit: 655 Persons Assisted
4 Work to End
Homelessness
202
0 202
4 Homeless Homelessness CDBG:
$55,000
ESG:
$207,883
Public service activities other than
Low/Moderate Income Housing
Benefit: 400 Persons Assisted
Tenant-based rental assistance /
Rapid Rehousing: 15 Households
Assisted
Homeless Person Overnight
Shelter: 10 Persons Assisted
Other: 150 Other
5 Create Quality
Neighborhoods
202
0 202
4 Non-Housing
Community
Development
Streets and
Streetscapes
Parks and
Community Space
Disaster Planning
and Recovery
Utilities and Public
Infrastructure
CDBG:
$1,254,047
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 11000 Persons Assisted
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6 Effective
Administration
202
0 202
4 Planning and
Administration
New Rental Housing
Housing Support and
Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for Senior
Residents
Increase Job Skills
Facade
Improvements
Local
Entrepreneurship
Social Services
Youth Activities and
Services
Homelessness
Streets and
Streetscapes
Parks and
Community Space
Disaster Planning
and Recovery
Utilities and Public
Infrastructure
CDBG:
$462,783
HOME:
$86,886
Other: 0 Other
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Table 2 – Goals Summary

Goal Descriptions

1 Goal Name Improve Supply of Affordable Housing
Goal
Description
Create and preserve stable, safe, and resilient affordable housing opportunities for homeowners and renters including special needs groups such as farmworkers, persons with disabilities, and the elderly throughout Ventura County. 2 Goal Name Enhance Economic Stability
Goal
Description
Enhance economic stability and prosperity by increasing economic opportunities for residents through job skills training and promotion of local entrepreneurship.
3 Goal Name Increase Social Services
Goal
Description
Increase access to health, mental health, and wellness services, youth activities, senior activities, and social service activities for residents.
4 Goal Name Work to End Homelessness
Goal
Description
Work alongside the Ventura County Continuum of Care to end homelessness within Ventura County by providing housing, emergency shelter, and social services to homeless persons or those at risk of homelessness. 5 Goal Name Create Quality Neighborhoods
Goal
Description
Enhance access to quality, resilient, and livable neighborhoods by improving publicly owned facilities and infrastructure such as parks, streets, sidewalks, and community buildings, including improving accessibility to meet Americans with Disabilities Act (ADA) standards.
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6 Goal Name Effective Administration
Goal
Description
Create and maintain effective housing and community development programs that address the priority needs listed within the Consolidated Plan, comply with all U.S. Housing and Urban Development (HUD) requirements, and achieve the goals and objectives set out by each Ventura County jurisdiction. 259

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Projects
AP-35 Projects – 91.220(d)
Introduction
FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE – Mid-Year reallocation of new projects of CDBG funded with prior year resources of $3,035,397 One project through the mid-year reallocation are being proposed; a site acquisition for a housing project (Project #10: Site Acquisition). The proposed acquisition may be for residential or commercial property and may include rehabilitation should the lot include parcels, and may also include infrastructure improvements. It is not known at this time the specific dynamics of the acquisition, however, city staff intends to ensure the property complies with serving low- and moderate-income residents.

These are 2023 Plan year Projects designed to accomplish the goals and objectives of the 2023 AAP. The 2023 Projects will organize Activities in IDIS under the Projects setup in this section of AAP. The Projects are New Rental Housing, Homeownership Opportunities, Housing Support and Stability, Assistance for Senior Residents, Other Public Services, Youth Activities and Services, Homeless Assistance, Parks and Community Space, Public Improvement & Infrastructure and Administration and Planning.

Projects
# Project Name
1 NEW RENTAL HOUSING
2 HOMEOWNERSHIP OPPORTUNITIES
3 ASSISTANCE FOR SENIOR

RESIDENTS
4 OTHER PUBLIC SERVICES
5 YOUTH ACTIVITIES AND SERVICES
6 HOMELESS ASSISTANCE
7 PARKS AND COMMUNITY SPACE
8 PUBLIC FACILITY & IMPROVEMENT
9 ADMINISTRATION
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# Project Name
1 0 SITE ACQUISITION
Table 3 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocation priorities are based on the annual needs identified in coordination with other city departments. Public service allocations are determined by the participation from other providers to meet the goals of the ConPlan. HOME funds are balanced between development projects and single family housing needs. HESG allocation are targeted exclusively for the needs of the homeless population.
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AP-38 Project Summary
Project Summary Information
1 Project Name NEW RENTAL HOUSING
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing
Funding HOME: $781,981
Description PARTICIPATION IN HOUSING DEVELOPMENT FUNDING ASSISTANCE Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities
5 LOW- AND MODERATE-INCOME HOUSEHOLDS
Location Description CITY OF OXNARD, CALIFORNIA
Planned Activities FINANCIAL ASSISTANCE TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FOR THE DEVELOPMENT OF AT LEAST 5

HOUSING UNITS FOR LOW- AND MODERATE-INCOME HOUSEHOLDS IN OXNARD. THIS PROJECT INCLUDES 15% OF HOME ALLOCATION SET ASIDE FOR CHDO'S, OR $115,330
2 Project Name HOMEOWNERSHIP OPPORTUNITIES
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Homeownership Opportunities
Funding CDBG: $250,000
Description DOWN PAYMENT ASSISTANCE
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities
10 HOUSEHOLD HOUSING UNIT
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Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION WILL

PROVIDE FINANCIAL DOWN PAYMENT ASSISTANCE FOR LOW- AND

MODERATE-INCOME HOUSING HOUSEHOLDS IN OXNARD
3 Project Name ASSISTANCE FOR SENIOR RESIDENTS
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Assistance for Senior Residents
Funding CDBG: $85,500
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2023 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE THE

QUALITY OF LIFE
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities
100 PERSONS WILL BE ASSISTED WITH SENIOR SERVICES
Location Description CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) ASSISTING WITH SENIOR SERVICES NEEDS BY OXNARD HOUSING AUTHORITY AND CITY OF OXNARD RECREATION AT 2) PALM VISTA

SENIOR CENTER
4 Project Name OTHER PUBLIC SERVICES
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Social Services
Funding CDBG: $117,500
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2023 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR HOMELESS SERVICES, MENTAL
HEALTH SERVICES AND HEALTH CARE SERVICES.

Target Date 6/30/2024
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Estimate the
number and type of
families that will
benefit from the
proposed activities
25 LOW- AND MODERATE-INCOME INDIVIDUALS WILL BE ASSISTED WITH SUBSIDIZED HEALTH CARE SERVICES, 30 INDIVIDUALS WILL BE ASSIDTED WITH MENTAL HEALTH SERVICES, AND 400 HOMELESS

INDIVIDUALS WILL BE ASSISTED WITH EMERGENCY SHELTER AND

SERVICES
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) EMERGENCY SHELTER FOR HOMELESS BY TURNING POINT FOUNDATION, 2) HOMELESS SERVICES BY SHELTER CARE RESOURCES, 3)

SUBSIDIZED HEALTH CARE SERVICES BY LIVINGSTON MEMORIAL
VISITING NURSES ASSOCIATION, AND 4) MENTAL HEALTH SERVICES BY

CALIFORNIA LUTHERAN UNIVERSITY
5 Project Name YOUTH ACTIVITIES AND SERVICES
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Youth Activities and Services
Funding CDBG: $144,087
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2023 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR YOUTH RECREATIONAL AND
EDUCATIONAL PROGRAMS; YOUTH FROM LOW-AND MODERATE-
INCOME HOUSEHOLDS.

Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities
500 YOUTH WILL BE ASSISTED WITH YOUTH SERVICES/RECREATIONAL

AND EDUCATIONAL PROGRAMS IN LOW- AND MODERATE-INCOME

NEIGHBORHOOD
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities CITY OF OXNARD RECREATION AT 1) COLONIA MEMORIAL PARK GYM, 2) SOUTHWINDS YOUTH CENTER AND 3) POLICE ACTIVITIES LEAGUE AND 4) CREATIVE YOUTH DEVELOPMENT BY OXNARD PERFORMING ARTS

CENTER CORPORATION
6 Project Name HOMELESS ASSISTANCE
Target Area
Goals Supported Work to End Homelessness
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Needs Addressed Homelessness
Funding ESG: $207,883
Description HEARTH EMERGENCY SOLUTIONS GRANT FUNDS TO PROVIDE FINANCIAL

ASSISTANCE TO VARIOUS SERVICE PROVIDERS FOR EMERGENCY
SHELTER AND STREET OUTREACH SUBJECT TO 60% CAP; HOMELESS

PREVENTION, RAPID RE-HOUSING, AND HMIS ACTIVITIES TO SERVE

HOMELESS INDIVIDUALS AND FAMILIES, AND THOSE AT-RISK OF BECOMING HOMELESS. STREET OUTREACH AND EMERGENCY SHELTER ACTIVITIES WILL BE LIMITED TO 60% OF HESG ALLOCATION ESTIMATED, OR $124,729. ADMINISTRATION AND PLANNING COST SUBJECT TO CAPS (7.5% OF ALLOCATION), ESTIMATED $15,591. ALL HESG SUBRECIPIENTS

ARE REQUIRED BY THE CITY OF OXNARD TO PROVIDE MATCHING FUNDS OF A DOLLAR FOR EVERY DOLLAR HESG GRANT DOLLARS RECEIVED.

Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities

TURNING POINT FOUNDATION WILL PROVIDE EMERGENCY SHELTER TO 10 INDIVIDUALS; THE SALVATION ARMY WILL PROVIDE STREET
OUTREACH TO 150 INDIVIDUALS; MERCY HOUSE WILL PROVIDE RAPID REHOUSING TO 7 HOUSEHOLDS; UNITED WAY OF VENTURA COUNTY WILL PROVIDE RAPID REHOUSING TO 8 HOUSEHOLDS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1)TURNING POINT FOUNDATION WILL PROVIDE EMERGENCY SHELTER, 2) STREET OUTREACH WILL BE PROVIDED BY THE SALVATION ARMY, 3) MERCY HOUSE WILL PROVIDE RAPID REHOUSING, 4) UNITED WAY OF VENTURA COUNTY WILL PROVIDE RAPID REHOUSING AND 5) CITY OF

OXNARD WILL PROVIDE ADMINISTRATION AND PLANNING
7 Project Name PARKS AND COMMUNITY SPACE
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Parks and Community Space
Funding CDBG: $489,660
Description PUBLIC IMPROVEMENTS OF A PUBLIC PARK AND COMMUNITY SPACE

WITHIN LOW- AND MODERATE-INCOME AREAS
Target Date 6/30/2024
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Estimate the
number and type of
families that will
benefit from the
proposed activities

THIS PROJECT WILL ACCOUNT FOR A PUBLIC PARK IN LOW- AND

MODERATE-INCOME CENSUS TRACT NEIGHBORHOOD, ESTIMATED AT 1,085 PERSONS
Location Description LOW AND MODERATE INCOME AREAS
Planned Activities MANY MANSIONS WILL DEVELOP ASPIRE POCKET PARK IN A LOW- AND

MODERATE-INCOME AREA IN OXNARD
8 Project Name PUBLIC FACILITY & IMPROVEMENT
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Utilities and Public Infrastructure
Funding CDBG: $764,387
Description NEIGHBORHOOD IMPROVEMENTS WITHIN LOW- AND MODERATE

INCOME AREAS
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities

THIS PROJECT WILL ACCOUNT FOR A NEIGHBORHOOD IMPROVEMENT

IN LOW- AND MODERATE-INCOME CENSUS TRACT NEIGHBORHOOD,
ESTIMATED AT 10,000 PERSONS
Location Description LOW- AND MODERATE-INCOME AREAS
Planned Activities NEIGHBORHOOD IMPROVEMENT IN LOW- AND MODERATE-INCOME

AREA IN OXNARD
9 Project Name ADMINISTRATION
Target Area
Goals Supported Effective Administration
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Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Assistance for Senior Residents
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Streets and Streetscapes
Parks and Community Space
Disaster Planning and Recovery
Utilities and Public Infrastructure
Funding CDBG: $462,783
HOME: $86,886
Description ADMINISTRATION AND PLANNING COSTS SUBJECT TO CAPS FOR EACH FUNDING SOURCE; CDBG (20% of Allocation & PI) AND HOME (10% of Allocation & PI)
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities

ADMINISTRATION AND PLANNING ACTIVITIES WILL BENEFIT FAMILIES CITYWIDE. AN ESTIMATED 202,000 PERSONS WILL BENEFIT FROM THIS ACTIVITY OF WHICH OVER 60% ARE LOW- AND MODERATE- INCOME RESIDENTS.

Location Description CITYWIDE
Planned Activities COORDINATION OF ALL CDBG AND HOME ADMINISTRATION AND

PLANNING ACTIVITIES
1 0
Project Name ***FIRST ANNUAL ACTION PLAN AMENDMENT UPDATE

SITE AQUISITION
Target Area NA
Goals Supported Improve Supply of Affordable Housing
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Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Funding CDBG: $3,035,397
Description SITE ACQUISITION FOR A HOUSING PROJECT, OR MORE THAN ONE HOUSING PROJECT.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
25 HOUSEHOLDS
Location Description CITYWIDE

Planned Activities SITE ACQUISITION FOR A HOUSING PROJECT, OR MORE THAN ONE HOUSING PROJECT. SITE MAY NEED REHABILITATION OR
INFRASTRUCTURE TO THE EXISTING SITE.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed

Geographic Distribution
Target
Area
Percentage of
Funds
NA NA
Table 4 - Geographic Distribution

Rationale for the priorities for allocating investments geographically The need for affordable housing (funded from CDBG and HOME) is present throughout the City. CDBG funds for public improvements are based on LMI persons within LMA Neighborhoods. Economic development is allocated based on the percentage of LMI persons jobs created on a citywide basis.

Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as health care, essential and supportive services. The special population such as seniors, homeless and youth will continue to receive their funding for the healthcare needs, education needs, shelter support and recreational needs.

HESG allocations are based on the limited clientele are distributed citywide.

HOME funds are distributed based on the income eligibility of the clients and citywide basis. The Homeownership program as well as the Housing Rehabilitation program: homeowners will improve the beautiful appearance of the home and the safety of the neighborhood.

Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME funds will be used to provide gap-financing assistance for new construction of multi-family rental units for lower income households. The first phase of Cypress Place, a 90-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,600,000 in HOME funds or the construction of the 90 unit development and $1,500,000 CDBG funds for construction of off-site improvements. Cypress Place will include 15 HOME assisted units and is estimated to be completed in 2025.

The Etting Road (Dolores Huerta Garden) Apartments, a 58-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,854,000 in HOME funds for construction of the 58 unit development. All 58 of the units developed in the Etting Road Apartments will be HOME assisted units and are estimated to be completed in 2025. Given that both of these developments are not expected to be completed until 2025 there are no HOME assisted units expected to be completed in FY 2023- 2024. A total of 73 HOME assisted units are expected to be completed in 2025. The City will review new HOME funding applications submitted in FY 23-24 and estimates providing gap-financing for the construction of new housing that will result in at least 5 HOME assisted units. CDBG funds will be used to provide seven residential rehabilitation loans to eligible households.

The Ventura County Community Development Corporation (VCCDC) will utilize CDBG grants funds for affordable housing loans for down payment assistance for ten income eligible families in Oxnard. The City plans to leverage its Down Payment Assistance Program funding other available funding sources. The City will continue affordable housing loan programs, funded by the State of CA, such as BEGIN and CAL-HOME. HOME development financing assistance will leverage development funds from the State of California, developer equity, private financing, and tax credit financing.

Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower-income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:

1. Homeownership Assistance Programs

2. Rehabilitation of Single-Family and Mobile home Housing Units

3. Construction of new affordable dwelling units
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One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 15
Special-Needs 0
Total 15
Table 6 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 0
Acquisition of Existing Units 10
Total 15
Table 7 - One Year Goals for Affordable Housing by Support Type

Discussion
City of Oxnard's Affordable Housing Division (AHRD) offers CDBG grants funds for rehabilitation of owner-occupied single family housing and mobile homes for local residents. Ventura County Development Corporation (VCCDC) will utilize CDBG grant funds for Oxnard residents to provide a down- payment assistance program. AHRD will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) and affordable housing developers to develop affordable housing units throughout the City subject to available funding and as permitted by the funding source. Loan information is provided to interested residents at homeownership fairs, workshops, and on the City of Oxnard's Housing Department website.

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AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing units, 1,904 Section 8 rental assistance vouchers, which includes 77 VASH vouchers, 40 Mainstream vouchers, 10 Family Unification vouchers, 46 Emergency Housing vouchers, and provides support services through its Resident Services program and Family Self-Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on-site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self-sufficiency. The FSS Program provides one-on-one counseling and individual assistance to families that participate in this program. Marking flyers for the residential rehabilitation program and the home buyer program are also available in the City's Housing Department lobby.

Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Each year, in its Annual Plan and Statement, the Capital Fund Program re-prioritizes those projects identified in the 5 year plan.

For Fiscal year 2023/24, the following capital improvement projects for public housing units are planned:
● CAL 31-5 Plaza Vista Elevator Improvements $280,000 ● CAL 31-8 Palm Vista Elevator Improvements $280,000
● CAL 31-3 Colonia Village Alley Repair $140,000 Total Planned projects for 2024 $700,000 Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of 272

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flyers to all households.

Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable
Discussion
In order to respond to the increasing need for affordable housing units within the community, OHA and the Housing Department will continue to seek new resources of financing new housing development projects and partnering with developers, owners, and CHDO's.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are typically required to conduct a Point In Time Count (PIT) of homeless persons each year. Due to the COVID-19 pandemic and a surge during the month of January, Ventura County requested and was granted an extension to complete the count in February. The PIT count was completed on January 24 2023, the City of Oxnard participated as a city lead in participation with the Police Department’s Homeless Liaison Unit.

The "Ventura County 2023 Homeless Count and Survey: Final Report", published in April 2023. The report is at the following website: https://s33020.pcdn.co/wp-content/uploads/2023/04/VC-2023- Homeless-Count-Report-FINAL.pdf
In summary, the PIT count is a snapshot of homeless people who could be enumerated on one specific day. The 2023 PIT counted 625 unsheltered homeless persons and 213 sheltered homeless persons; a total of 838 homeless persons in Oxnard.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Oxnard continued the operation of a year round homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond.

Following a COVID-19 outbreak, the shelter reduced capacity to 80 following guidance from Public Health. Oxnard has launched an effort to develop a new construction mixed-use development that will include a new and replacement navigation center and 110-bed homeless shelter plus other support services and fifty-six units of permanent supportive housing. We expect that this new project will be in operation within the next calendar year and will continue operating the shelter at the K street location until that time.

The City continued working with the Salvation Army to provide street outreach services that includes practical assistance, housing navigation, employment assistance, health navigation and crisis intervention with the ultimate goal of transitioning chronically-homeless individuals towards stable housing. The Street Outreach Team coordinates with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.

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program. The program consists of a street outreach team along with non-congregate emergency shelter by using motel rooms. This project involves proactive engagement with people living in encampments throughout the city, and relocation assistance to emergency shelter where clients are connected with a case manager to work towards a housing plan.

Addressing the emergency shelter and transitional housing needs of homeless persons The emergency shelter and transitional housing needs of homeless persons are currently being addressed by several service providers throughout Ventura County. The emergency shelter needs in the area are met by the following providers: Mercy Housing in operation of the Oxnard Navigation Center, Ventura County Rescue Mission - single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out; Kingdom Center - emergency shelter for single women and women with children; Lighthouse Mission for Women and Children - single women and women with children; and Turning Point Foundation - mentally ill individuals.

Transitional housing needs are currently being met by the following providers: Kingdom Center - single women and women with children; Khepera House - single men; Many Mansions - transition aged youth, single women and women with children; Turning Point Foundation - single mentally ill persons; Salvation Army - families, single parents and single persons; VC-HSA - families, single parents and children, and single persons; Project Understanding - families and single parent households.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority has the use of Homeless Set Aside vouchers in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities. Specific vouchers that the Oxnard Housing Authority uses to address homelessness are Homeless Set Aside Vouchers, Mainstream housing vouchers that are prioritized for non-elderly adults with disabilities who are currently homeless or leaving an institution, and Emergency Housing Vouchers through the American Rescue Plan Act.

The Ventura County Human Services Agency utilizes County General Funds to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year. Additionally, Ventura County Veterans Services, Homeless Health Care and Ventura County Behavioral Health all work closely with the service providers to provide other supportive 275

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services to assist in reducing the incidence of homelessness as they have also done in the recent past.

OHA works in conjunction with the Veteran Administration to administer housing vouchers for homeless veterans under the VASH program. This program targets chronically homeless veterans.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The CoC has documented discharge policies of all of the above mentioned services that spell out various directions to ensure persons are not discharged into homelessness. Additionally, as stated earlier, HSA works with qualifying low-income persons and families to avoid homelessness. This is done with the utilization of HESG and Ventura County allocated general fund dollars. Under the CoC discharge policy, in fulfilling the State Mandated Policy (state law related to the discharge protocol), the following are found:

1. Health Care Facilities: the County health care system describes the discharge policy as interdisciplinary responsibility. For the persons who require ongoing medical and nursing care and who have no identifiable address they may be discharged to a respite program at the RAIN project, a County operated transitional housing project. Others, upon discharge routinely go to group homes, board and care facilities, or reunite with families and friends.

2. Mental Health Facilities: the Ventura County Medical Center Psychiatric Inpatient Unit with the collaboration of Ventura County Behavioral Health and various community agencies provide discharge planning and placement assistance to patients, when leaving the mental health facilities.

3. Foster care and other youth facilities: the goal is to provide assisted services to eligible youth and young adults between the ages of 16 and 21 in making a successful transition from foster care to independent living and achieve self-sufficiency. In addition to the County Children and Family Services, a Transitional Age Youth (TAY) center, operated by Pacific Clinic is also available.

4. Corrections programs and institutions: upon release, inmates are able to obtain housing in transitional and permanent housing programs, group homes, and sober living homes as well as with family and friends.

Discussion
The CoC has incorporated each of the following goals of Opening Doors into its 20-year plan to end 276

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homelessness:

1. Ending chronic homelessness through targeted street outreach (CDBG-Community Action-One Stop Shelter, CoC-Oxnard Homeless Outreach Program, VCHSA-Rapid Re-housing, HESG-Winter Warming Shelter), discharge planning and implementation of a housing first approach.

2. Preventing and ending homelessness among veterans by providing permanent supportive housing beds, in addition to Section 8 HUD VASH vouchers.

3. Preventing and ending homelessness for families, youth, and children by 2020 through rapid rehousing programs and homeless prevention activities. The CoC set a path to ending all types of homelessness in its 10-year plan by implementing a coordinated assessment system- Pathways to Home. As a result, the number of chronic homeless, veterans, families, and youth continue to demonstrate positive results.

All of the above objectives are still in progress and will be folded into a regional plan and strategy lead by the County of Ventura.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local government police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process.

Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed, but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.

Discussion:

The City strives to consistently implement all policies and procedures, to review local development standards and development review procedures in such a way as to avoid and ensure that such do not have unintended negative consequences, and to improve policies and procedures so as to increase the opportunities and feasibility of developing affordable housing, especially for special needs and very low- and low-income units). The City will continue to engage in these efforts to identify and minimize any barriers over which the City has legal authority, in accordance with applicable law.

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AP-85 Other Actions – 91.220(k)
Introduction:

The City will implement the goals and strategies of the Consolidated Plan to achieve the other actions listed in the next section.

Actions planned to address obstacles to meeting underserved needs The City will continue to utilize available resources to fund administrative support activities to meet the underserved needs in the community. The City will continue to work with the appropriate state agencies to administer the assets of the former redevelopment agency in the appropriate manner, and to the benefit of the LMI community whenever possible and feasible. Other obstacles include the following:

Limited availability of funding from federal, state and other sources; High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs;
Reduced or frozen funding from state and other sources due to inadequate state revenue; the housing and credit crisis causing a negative effect;
A tight job market has produced an increased demand for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerbate the affordability crisis; and, The Credit Crisis. Credit crisis has limited the availability of capital to develop housing for low-and moderate-income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2022 by focusing on the following programmatic and administrative areas: Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers. CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California. Staff will continue to collaborate with private-sector partners when appropriate in the development and construction of affordable housing. Staff will continue to collaboratively work with the service provider community, non-profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw-down requirements.

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into each HOME agreement to ensure federal compliance with this statute.

Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. The City’s Inclusionary Housing Program is one of forty-four programs identified in the City’s 2021- 2029 Housing Element identified to facilitate the construction of new affordable housing and to conserve and rehabilitate existing housing. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the 2021-2029 RHNA affordable allocation of 2,911 lower income units, the City is relying on the following:
● The Affordable Housing (AH) additive zones (see Supplement 1) with an inventory of 2,466 units on sites
● 44 Vacant and Underutilized Sites (see Supplement 1)
● 224 units on Pending Specific Plans
● 165 units on Pending Annexations
● 490 Project Accessory Dwelling Units (ADUs)
The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2980 and 2999. The Inclusionary Housing Program, pursuant to Ordinance 2980, provides for in-lieu fee payments that can replace the on-site units within a development subject to approval by the City Council. The City adopted updated In-Lieu fees on June 2, 2020. In-lieu fees for development project are as follows:

For-Sale Units: If the in-lieu request is granted, the developer is required to make a payment of $36,000 for each single-family home and $35,000 for each multi-family for sale unit in the development.

Thereafter, every July 1st these fees will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.

Rental Units: If the in-lieu request is granted, the developer is required to make a payment of $28,000 for each multi-family rental unit in the development. Thereafter, every July 1st this fee will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.

A project that is approved for in-lieu payments has usually agreed to another public benefit through a Development Agreement that justifies the in-lieu payment. In-lieu payments are made when the developer applies for building permits for the approved units. The in-lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always 280

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leveraged with other funding sources. The current in-lieu fund balance is approximately $2.2 million.

Possible incentives may include, but are not limited to, the following:
● Assistance with accessing and applying for funding (based on availability of federal, state, local foundations, and private funds)
● Mortgage-subsidy or down payment assistance programs to assist first- time homebuyers and other qualifying households, when such funds are available ● Expedited/streamlined application processing and development review ● Modification of development requirements, such as reduced setbacks and parking standards on a case-by-case basis
● Density bonus
Actions planned to reduce lead-based paint hazards
Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead-based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.

Actions planned to reduce the number of poverty-level families Eliminating poverty is a clear concern in Oxnard and Ventura County in general. Efforts are constantly underway to improve the quality of life and economic well-being of the residents through collaborative efforts of the following agencies and their programs to provide needed skills for individuals seeking jobs and thereby getting them out of poverty:
● City Corp
● Oxnard Housing Authority
● County of Ventura-Human Services Agency
● City's youth programs such Police Activities League programs, Colonia Gymnasium and 281

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Southwinds Youth Center programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Fair Housing training and other scheduled meetings (such as Pre-construction meetings, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. This could be from ongoing meetings, special meetings and task force.

Discussion:

The City anticipates new inclusionary affordable housing to be developed within several proposed specific plans and other new projects, including the Central Terrace Apartments, which will include 9 City inclusionary units as well as 77 other 100% affordable units. The 2nd and B project (Homeless Solutions Center) will provide 6 City inclusionary units as well as 49 other 100% affordable units. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.

Other actions that the City of Oxnard will continue to improve compliance assessment for all its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City will utilize a consulting agreement to assist and perform the environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act; 4) Section 3 Compliance; 5) Procurement and Purchasing:

The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: Inter-Neighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mobilehome Park Rent 282

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Review Board, and Senior Services Commission.

Continued Actions planned to foster and maintain affordable housing:

The affordable housing additive zones, adopted on October 19, 2021 via Ordinance 2999, are zoning designations that provide opportunities for the development of affordable residential housing to help the City reach its regional housing needs allocation (RHNA). 283

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

Other forms of local investments for housing that may be available to projects include financing from the City’s in-lieu fees, CDBG, and Permanent Local Housing Allocation (PLHA) funding. Additionally, the City also provides homebuyer assistance through the use of program income received from BEGIN and CALHOME State funded grant programs. The City also applies for competitive grants in support of affordable housing initiatives and partners with other housing organizations to assist in housing low-income and the unhoused with permanent housing options.

CDBG funds are currently being used for downpayment assistance through a subrecipient.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

The City does not have a resale provision, therefore the City's policy is to recapture the funds for future HOME-eligible activities. Below describes the City's recapture provisions and procedures.

Recapture Provisions

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that 285

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will be used under 24 CFR 92.206(b), are as follows:

The City currently does not have any plans to invest HOME funds in this type of activity.

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

Not Applicable

6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

Not Applicable

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

The City does prioritize the development of housing for those unhoused or previously unhoused. The two programs primarily funded by HOME have been downpayment assistance and affordable housing developments, however, there have been no other exclusions, or preferences to other targeted populations. The City, County, and state all are in dire need of more housing, and the City is working to increase the number of units available within the community.

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct assistance under the HESG program. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each eligible funded activity. HESG Policies and Handbook is in the process of updating and will be provided to all HESG subrecipients when finalized.

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meets HUD requirements, describe that centralized or coordinated assessment system.

The Regional Ventura County Continuum of Care Alliance has established centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies.

Pathways to Home is centralized to provide identical information and system-wide tracking through HMIS, of all homeless individuals who seek and /or receive assistance at any one of the various service providers, or through the County directly.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The process for making all sub-awards for HESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Ventura to Los Angeles.
b. All interested agencies attend information workshop/application training on the process, which includes all deadline dates and times.
c. Interested agencies then submit their application, project overview and qualifications d. The funding recommendations are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval. e. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. f. The Mayor and City Council directs the City Manager and staff to move forward with final processing.
g. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
h. Contracts are completed and services can begin on July 1. i. All HESG contracts are awarded for two years

4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City meets the homeless participation requirement by having a homeless and formerly homeless person serve on the City's Commission on Homelessness. In addition, each entity receiving city HESG funding is also asked to provide information as to how they involve the homeless.
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5. Describe performance standards for evaluating ESG.

PERFORMANCE MEASURES
Performance measures are in place to ensure the efficient administration of all HESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of time of family and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:
• Emergency Shelters: Excluding winter shelters, must be able to document placement of a minimum of 10 percent of the homeless persons or households served in the Program Year into transitional or permanent housing.
• Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who completed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families. • Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 day of program completion or termination.
• MINIMUM STANDARDS: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract. • BUILDING AND HABITABILITY STANDARDS: Any building for which HESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub-Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the HESG program are safe, sanitary and adequately maintained.
• MONITORING: City staff will monitor the use of grant funds through a combination of a thorough review of submitted reports, review of audit or financial statements, and monitoring and site visits.

The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal specific requirements.

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Homeless Assistance Division continues to fund all the activities prescribed in the HEARTH act. With the sub-recipients cooperation, the City's HESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, HESG limits the cost categories for administration and planning to 7.5% or $15,591 and 60% for street outreach and emergency shelter $124,729; total $140,320 for those cost categories. The remaining balance, a total of $67,563 or 32.5% towards rapid re-housing support.
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2023 – 2024 Annual Action Plan
First Amendment
Emilio Ramirez, Director
Housing Department
City Council
December 19, 2023
291
BACKGROUND 2

1. Community Development Block Grant (CDBG) receives an annual allocation currently averaging $2.2 million per year.

2. By the year-end, due to multiple projects and project goals, some projects end with a fund balance that is able to carry over to the next year.

3. Multiple years of fund balances have accumulated and caused a timeliness concern to which HUD has requested a timeliness expenditure workout plan.

4. This request to Council is to utilize the excess funds for property acquisition that complies with uses in accordance to HUD regulations. 292

DISCUSSION

1. A timeliness workout plan was submitted on October 31, 2023 to include the purchase of one or more properties for residential, commercial, or mixed-use property in support of assisting low- and moderate-income residents.

3. Funding carryover includes fund balances from fiscal years 2020-21, 2021-22, and 2022-23 as shown below. Staff requests that Council allow the ability to appropriate the total amount of the funds between acquisition, rehabilitation, and public improvements as needed upon acquiring a site or multiple sites with these funds.

4. Staff is requesting approval to use $3,035,397.42 to purchase one or more properties that will ultimately assist low- and moderate-income households.

5. The use of the CDBG funds for this purpose will cure the timeliness expenditure issues caused by a backup of unallocated funds. 3 293

DISCUSSION
4 294

RECOMMENDATIONS
That the City Council:

1. Conduct a public hearing regarding the fiscal year 2023-2024 Annual Action Plan Amendment;

2. Approve the fiscal year 2023-2024 Annual Action Plan Amendment recommending a use of Community Development Block Grant funds for acquisition, infrastructure improvements and rehabilitation of real property;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2023-2024 Annual Action Plan and authorize the budget appropriations to fund the administration and projects, including the ability to increase or decrease project funding for the balance of the funds up to $3,035,397.42 to allow for the purchase and improvements of real property;

4. Authorize the City Manager and his designees, to execute the required documents for the submission of the amended 2023-2024 Annual Action Plan; and

5. Authorize the City Manager, and his designees, to execute all the agreements necessary for the implementation of the Annual Action Plan amendments. 5 295
End of Presentation
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2

DATE: December 19, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: 2020 Annual Action Plan Sixth Amendment – Emergency Shelter Grant CARES Act. (10 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing regarding the fiscal year 2020 Annual Action Plan Amendment;

2. Approve the fiscal year 2020-2021 Amended Annual Action Plan;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2020 Annual Action Plan and authorize the budget appropriations to fund the administration and projects;

4. Authorize the City Manager, and his designees, to execute the required documents to submit the 2020-2021 Amended Annual Action Plan to the United States Department of Housing and Urban Development; and

5. Authorize the City Manager, and his designees, to execute all the agreements necessary for the implementation of the Amended Annual Action Plan

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/OAVZdLuMMW4

BACKGROUND

The CARES Act granted a special allocation of $5,255,005 of Emergency Shelter Grant (ESG-CV) funds to the City of Oxnard for the purpose of assisting the homeless population during the Coronavirus pandemic. In October 2021, the City Council approved the 2020-2021 Annual Action Plan Amendment to include the Emergency Shelter Grant CARES Act funds in the amount of $5,255,005. As of the close of fiscal year 2022-23, all funds have been expended with the exception of $525,265.47. If the unexpended funds are not allocated to eligible uses, which have been incurred and paid by the City of Oxnard prior to September 30, 2023 then $525,267.47 will need to be returned to the Department of Housing and Urban Development.

The eligible uses for the funds included street outreach, emergency shelter, homeless prevention, rapid rehousing, housing relocation and stabilization, short-term and medium-term rental assistance, software systems operation, and administration. The City of Oxnard entered into compliant agreements with the vendors below and uses as follows.

Administration
The City of Oxnard’s administrative allocation was $525,500. At the close of fiscal year 2022-23, the City of Oxnard had an unexpended balance of $45,889.42.

Homeless Services
Homeless Services is an operation internal to the Housing Department that delivers direct service to the homeless persons in our community. Staff entered into an agreement to respond to then-existing homeless encampments in the amount of 297
$27,288. Homeless Services successfully expended this full amount.

Turning Point
Turning Point is a local nonprofit dedicated to serving homeless persons with a behavioral health condition. Staff contracted with Turning Point in the amount of $52,549. Turning Point successfully expending the full amount.

Salvation Army
Salvation Army is a local nonprofit dedicated to serving the low-income population, including unsheltered homeless.

Staff contracted with The Salvation Army in the amount of $286,968 for street outreach services. Salvation Army successfully expended $266,756.42 leaving an unexpended balance of $20,211.58.

United Way
United Way is a nonprofit which is locally committed to offering housing opportunities to otherwise homeless persons.

Staff contracted with United Way to offer rapid rehousing services in the amount of $200,000. United Way successfully expended the full amount.

Mercy House
Mercy House is a regional nonprofit engaged in the operation of emergency homeless shelters. Staff contracted with Mercy House in the amount of $2,957,373.41 for the operations of the local homeless shelter on K Street. Mercy Housing expended $3,416,537.88, leaving an unexpended balance of $459,164.47.

Ventura County Health Care Agency
The Ventura County Health Care Agency is a department of the County of Ventura working to serve the needs of the health needs of the homeless population throughout Ventura County. Staff entered into an agreement for $1,200,000 for non-congregate shelter operations. The Health Care Agency successfully expended this full amount.

At the close of fiscal year 2022-23, the final balance of funds determined was $525,265.47, as discussed above.

DISCUSSION

The City identified three activities that occurred before September 30, 2023 to address the balance of the ESG-CV funds.

Homeless Services
Staff proposes to allocate $859.24 to the internal Homeless Services team to reimburse the City of Oxnard for a prior expenditure to shelter an individual.

Mercy House
Staff proposes to allocate $233,022.23 to Mercy House for services rendered in operation of the homeless shelter on K Street during fiscal year 2022-23 and the first quarter of fiscal year 2023-24.

Ventura County Health Care Agency
Staff proposes to allocate $291,000 to the Ventura County Health Care Agency for non-congregate shelter services rendered within the fiscal year 2022-23 and the first quarter of fiscal year 2023-24.

The request to Council is to retroactively reimburse the projects and not return any funds to the U.S. Department of Housing and Urban Development. No new expenditures are allowed after the September 30, 2023 deadline; however, the City of Oxnard has until April 2024 to draw all remaining funds from the grant. A draft 2020-2021 Annual Action Plan Amendment has been drafted for public review and is available on the Grants Management website for 30 days. The full reports are accessible at: https://www.oxnard.org/city-department/housing/grants-management.

STRATEGIC PRIORITIES

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

298

FINANCIAL IMPACT

All activities included in the amendment are supported by available HUD grant funding. Approval of the recommended actions will authorize any necessary grant revenue and/or expenditure budget amendments to Emergency Shelter Grant- Coronavirus funding.

For Finance Use Only: Emergency Shelter Grant Fund (Org. 2038101 Obj. 53200) Project G2015

COMMITTEE OUTCOME

This is a Public Hearing and therefore did not originate in Committee.

Prepared by: Andrea Palmer, Grants Manager

ATTACHMENTS

1. 2020 Annual Action Plan Amendment Draft

2. PowerPoint Presentation

299
City of Oxnard
2020 Annual Action Plan
CARES Act Amendment
DRAFT

NOVEMBER 2023
Prepared by:

City of Oxnard – Housing Department – Grants Management 435 South D Street, Oxnard, California, 93030

300

2 Expected Resources
AP-15 Expected Resources – 91.220(c) (1,2)
Introduction

ANNUAL ACTION PLAN CARES ACT AMENDMENT UPDATE-
City of Oxnard amendment to reflect additional resources to existing activities and new activities to further the CARES Act mission of preventing, preparing and responding to the impacts related to COVID- 19 to the Emergency Solutions Grant (CARES ACT) (ESG- CV) of the first year 2020 Annual Action Plan in the 2020-2024 Ventura County Regional Consolidated Plan, per City of Oxnard Council Action on October 6, 2020. This is a substantial amendment and requires the sixth amendment to this document. The amendment is exclusively for the ESG-CV funds as changes to specific projects have been identified in the AP-38 of this report. City of Oxnard City Council action scheduled on December 19, 2023.

Updated paragraph below changed AP-25 to AP-35.

Housing and community development resources are currently available in Ventura Urban County and Entitlement Jurisdictions include:
• Community Development Block Grant (CDBG) funds
• HOME Investment Partnerships Program (HOME) funds
• Emergency Solutions Grant (ESG) funds
• General funds (tax levy)
• Housing Successor Funds (formerly low-moderate Redevelopment Agency Funds) • HUD Section 108 Loan funds
• HUD Housing Choice Voucher Program (through the Area Housing Authority of Ventura County, Oxnard Housing Authority, Housing Authority of the City of San Buenaventura, Santa Paula Housing Authority, and the Housing Authority of the City of Port Hueneme)

• California Housing Finance Agency funds (CalHFA)
• State Housing and Community Development (HCD) housing funds • State transportation funds
• Ventura County Housing Trust Fund
• CARES Act Community Development Block Grant (CDBG-CV) funds • CARES Act Emergency Solutions Grant (ESG-CV) funds
301
Anticipated Resources
Progra
m
Source
of
Funds

Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder of
ConPlan
$

Narrative Description
Annual
Allocatio
n: $

Program
Income: $

Prior Year
Resources:
$

Total:
$
CDBG public
-
federa
l
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services
2,573,99
6 100,000 352,000
3,025,9
96 10,406,067
Block grant from HUD to
address housing, community
development, and economic
development needs.

HOME public
-
federa
l
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction for
ownership
TBRA 775,947 100,000 0 875,947 3,256,502
Grant from HUD to address
affordable housing needs.
302

2 Progra
m
Source
of
Funds

Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder of
ConPlan
$

Narrative Description
Annual
Allocatio
n: $

Program
Income: $

Prior Year
Resources:
$

Total:
$
ESG public
-
federa
l
Conversion and
rehab for transitional
housing
Financial Assistance
Overnight shelter
Rapid re-housing
(rental assistance)
Rental Assistance
Services
Transitional housing 221,083 0 0 221,083 840,722
Grant from HUD to address
needs and services for
homeless persons or persons
at risk of becoming homeless.

Other public
-
federa
l
Other
8,343,37
2 0 0
8,343,3
72 0
$5,255,055 in ESG-CV funding
to prevent, prepare for, and
respond to the coronavirus
pandemic among individuals
and families who are homeless
or receiving homeless
prevention activities to
mitigate impacts of COVID-19
Table 1 - Expected Resources – Priority Table
303

3 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The jurisdictions leverage federal resources against other sources of federal, state, local, an d private funding to maximize the impact of CDBG, HOME, and ESG funds. Leveraging varies from activity to activity depending on the project scope. For instance, the Federal Low-Income Housing Tax Credit (LIHTC), historic tax credits, and various affordable housing loan and grant products from the CA Department of Housing and Community Development and the Federal Home Loan Bank can be leveraged with HOME funding to develop affordable housing.

Although the CDBG program does not require a match, the HOME program and the ESG program require funding match. The HOME program requires a 25 percent non -federal cash or non -cash match of the annual grant amount or entitlement, less 10 percent for administration and five percent for Community Housing Development Organization (CHDO) operating support.

ESG match is required on a one -to-one basis (100 percent match). ESG grantees report required match detail to the Ventura County Continuum of Care (CoC) on a monthly or semi -annual basis. Matching contributions from ESG gran tees (cash or non -cash) may be obtained from any source, including any federal source other than the ESG program, as well as state, local, and private sources, per 24 CFR 576.201.If appropriate, describe publicly owned land or property located within the j urisdiction that may be used to address the needs identified in the plan Most County -owned property is used to house County operations or is deed -restricted, limiting its feasibility for new uses. The County has been evaluating land it owns, as it becomes available, for the purpose of providing affordable housing and will continue to consider land that is deemed as surplus for the needs identified in the Regional Consolidated Plan. The County has initiated the use of a surplus building in San Buenaventura f or a year-round emergency shelter for homeless persons. The building is currently being renovated and is expected to begin serving clients early in 2020. Additionally, late in 2019 the County released a Request for Qualifications and Concept Proposals for a County -owned property located in the unincorporated area for an affordable housing development, with a permanent supportive housing component.

Discussion
Anticipated CARES Act funding is included in "Other" section in table above, $3,088,367 in CDBG-CV funds to be used to prevent, prepare for and respond to the coronavirus and $5,255,055 in ESG -CV funding to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate the impacts of COVID-19. 304

4 Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Improve Supply
of Affordable
Housing
202
0 202
4 Affordable
Housing
New Rental
Housing
Housing Support
and Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for
Senior Residents
Disaster Planning
and Recovery
CDBG:
$1,030,153
HOME:
$788,353
CDBG-CV:
$200,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 104 Persons Assisted
Rental units constructed: 5
Household Housing Unit
Rental units rehabilitated: 8
Household Housing Unit
Homeowner Housing Added: 6
Household Housing Unit
Housing Code
Enforcement/Foreclosed Property
Care: 2000 Household Housing
Unit
2 Enhance
Economic
Stability
202
0 202
4 Non-Housing
Community
Development
Increase Job Skills
Facade
Improvements
Local
Entrepreneurship
CDBG-CV:
$300,000
Jobs created/retained: 20 Jobs
Businesses assisted: 0 Businesses
Assisted
305

5 Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Increase Social
Services
202
0 202
4 Non-Homeless
Special Needs
Housing Support
and Stability
Assistance for
Senior Residents
Social Services
Youth Activities
and Services
Disaster Planning
and Recovery
CDBG:
$401,099
CDBG-CV:
$1,304,889
Public service activities other than
Low/Moderate Income Housing
Benefit: 28300 Persons Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 150 Households Assisted
4 Work to End
Homelessness
202
0 202
4 Homeless Housing Support
and Stability
Homelessness
ESG:
$221,083
CDBG-CV:
$0
ESG-CV:
$4,732,505
Tenant-based rental assistance /
Rapid Rehousing: 45 Households
Assisted
Homeless Person Overnight
Shelter: 505 Persons Assisted
Homelessness Prevention: 20
Persons Assisted
Other: 300 Other
306

6 Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
5 Create Quality
Neighborhoods
202
0 202
4 Non-Housing
Community
Development
Housing Support
and Stability
Assistance for
Senior Residents
Streets and
Streetscapes
Parks and
Community Space
Disaster Planning
and Recovery
Utilities and Public
Infrastructure
CDBG:
$707,945
CDBG-CV:
$450,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 125000 Persons Assisted
307

7 Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Effective
Administration
202
0 202
4 Planning and
Administration
New Rental
Housing
Housing Support
and Stability
Homeownership
Opportunities
Rehabilitation &
Preservation of
Existing Housing
Assistance for
Senior Residents
Increase Job Skills
Facade
Improvements
Local
Entrepreneurship
Social Services
Youth Activities
and Services
Homelessness
Streets and
Streetscapes
Parks and
Community Space
Disaster Planning
and Recovery
Utilities and Public
Infrastructure
CDBG:
$534,799
HOME:
$87,594
CDBG-CV:
$833,478
ESG-CV:
$522,500
Other: 0 Other
Table 2 – Goals Summary
308

8 Goal Descriptions
1 Goal Name Improve Supply of Affordable Housing
Goal
Description
Create and preserve stable, safe, and resilient affordable housing opportunities for homeowners and renters including special needs groups such as farmworkers, persons with disabilities, and the elderly throughout Ventura County.

Provide housing support to households impacted by COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.

AMENDMENT UPDATE:

Reduced and reallocated CARES ACT CDBG- CV funding due to an activity closed and added new activity. 2 Goal Name Enhance Economic Stability
Goal
Description
Enhance economic stability and prosperity by increasing economic opportunities for residents through job skills training and promotion of local entrepreneurship.

Provide economic development support to businesses impacted by COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.

AMENDMENT UPDATE:

Reduced and reallocated CARES ACT CDBG- CV funding due to an activity closed and added funding to existing activity. 3 Goal Name Increase Social Services
Goal
Description
Increase access to health and wellness services, youth activities, senior activities, and social service activities for residents.

Public service activities supporting response to COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.

AMENDMENT UPDATE:

Increased and reallocated CARES ACT CDBG- CV funding due to an activity closed and added funds to existing activity. 4 Goal Name Work to End Homelessness
309

9 Goal
Description
Work alongside the Ventura County Continuum of Care to end homelessness within Ventura County by providing housing, emergency shelter, and social services to homeless persons or those at risk of homelessness.

Provide homeless service activities for persons experiencing homelessness impacted by COVID-19. ESG-CV funds will be used to prevent, prepare for and respond to coronavirus pandemic among individuals and families who are homeless or receiving homeless prevention activities to mitigate impacts of COVID-19. CDBG-CV funds will be used to prevent, prepare for and respond to coronavirus.

AMENDMENT UPDATE:

Reduced and reallocated CARES ACT CDBG- CV funding due to no activity.

AMENDMENT (6th) UPDATE:

Reallocated CARES ACT ESG-CV funding
5 Goal Name Create Quality Neighborhoods
Goal
Description
Enhance access to quality, resilient, and livable neighborhoods by improving publicly owned facilities and infrastructure such as parks, streets, sidewalks, and community buildings, including improving accessibility to meet Americans with Disabilities Act (ADA) standards.

AMENDMENT UPDATE:

Increased and reallocated CARES ACT CDBG- CV funding due to added new activity. 6 Goal Name Effective Administration
Goal
Description
Create and maintain effective housing and community development programs that address the priority needs listed within the Consolidated Plan, comply with all U.S. Housing and Urban Development (HUD) requirements, and achieve the goals and objectives set out by each Ventura County jurisdiction.

Administrative tasks supporting activities to prevent, prepare for and respond to coronavirus. (CDBG-CV 20% cap of Allocation and ESG-CV 10% cap of Allocation). Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers.

AMENDMENT (5th):

Reduced and reallocated CARES ACT CDBG- CV funding. Total includes unallocated funds of $620,671.

310

10 Projects
AP-35 Projects – 91.220(d)
Introduction
***SIXTH ANNUAL ACTION PLAN AMENDMENT UPDATE –
ESG-CV funds as changes to specific projects have been identified in the AP-38 of this report; Project 15: ESG20-OXNARD.

These are 2020 Plan year Projects designed to accomplish the goals and objectives of the 2020 AAP. The 2020 Projects will organize Activities in IDIS under the Projects setup in this section of AAP. The Projects are New Rental Housing, Housing Support and Stability, Homeownership Opportunities, Rehabilitation and Preservation, Assistance for Senior Residents, Other Public Services, Youth Activities and Services, Homelessness, Parks and Community Space, Public Facilities and Improvements, Public Facilities-Fire Protection Equipment and Administration and Planning.

Additionally, three new projects will be used to track activities as a result of CARES Act Amendment, CV- COVID RESPONSE, CV-ADMINISTRATION AND ESG20-OXNARD.

Projects
# Project Name
1 NEW RENTAL HOUSING
2 HOUSING SUPPORT AND STABILITY
3 HOMEOWNERSHIP OPPORTUNITY
4 REHABILITATION AND PRESERVATION
5 ASSISTANCE FOR SENIOR RESIDENTS
6 OTHER PUBLIC SERVICES
7 YOUTH ACTIVITIES AND SERVICES
8 HOMELESS ASSISTANCE
9 PARKS AND COMMUNITY SPACE
1 0 PUBLIC FACILITIES AND IMPROVEMENTS
1 1 PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT
1 2 ADMINISTRATION
311

11 # Project Name
1 3 CV-COVID RESPONSE
1 4 CV-ADMINISTRATION
1 5 ESG20-OXNARD
Table 3 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are based on the annual needs identified in coordination with other city departments. Public service allocations are determined by the participation from other providers to meet the goals of the ConPlan. HOME funds are balanced between development projects and single family housing needs. HESG allocation is targeted exclusively for the needs of the homeless population.

AP-38 Project Summary
Project Summary Information
1 Project Name NEW RENTAL HOUSING
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing
Funding HOME: $788,353
Description PARTICIPATION IN HOUSING DEVELOPMENT FUNDING ASSISTANCE Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
5 LOW INCOME HOUSEHOLDS
Location Description CITY OF OXNARD. CALIFORNIA
312

12 Planned Activities FINANCIAL ASSISTANCE TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FOR THE DEVELOPMENT OF 5 HOUSING UNITS FOR LOW INCOME HOUSEHOLDS IN OXNARD. THIS PROJECT INCLUDES 15% OF HOME ALLOCATION SET ASIDE FOR CHDO'S, OR $131,392.
2 Project Name HOUSING SUPPORT AND STABILITY
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Housing Support and Stability
Funding CDBG: $200,000
Description HOUSING SERVICES
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
5 HOUSING UNIT, 8 HOUSEHOLDS (REHABILITATION ), 6 HOUSING UNITS- HOUSING SERVICE; TOTAL OF 19 HOUSEHOLDS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities HOUSING SERVICES FOR LOW - MODERATE INCOME HOUSING

HOUSEHOLDS
3 Project Name HOMEOWNERSHIP OPPORTUNITY
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Homeownership Opportunities
Funding CDBG: $125,000
Description HOMEOWNERSHIP ASSISTANCE
Target Date 6/30/2021
313

13 Estimate the number
and type of families
that will benefit from
the proposed
activities
6 HOUSEHOLDS ASSISTED
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities HOMEOWNERSHIP ASSISTANCE FOR LOW-MODERATE INCOME

HOUSING HOUSEHOLDS
4 Project Name REHABILITATION AND PRESERVATION
Target Area
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Rehabilitation & Preservation of Existing Housing Funding CDBG: $705,153
Description REHABILITATION OF HOUSING UNITS; CODE ENFORCEMENT AND

COMPLIANCE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
8 HOUSEHOLDS HOUSING UNITS
2,000 HOUSEHOLD HOUSING UNITS (CODE COMPLIANCE)
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities AFFORDABLE HOUSING RENTAL UNITS FOR LOW-MODERATE INCOME HOUSEHOLDS; SUPPORT THE CODE ENFORCEMENT ACTIVITIES OF THE

CITY OF OXNARD DEVELOPMENT SERVICES TO IMPROVE QUALITY OF

LIFE AND PROPERTY ISSUES
5 Project Name ASSISTANCE FOR SENIOR RESIDENTS
Target Area
Goals Supported Increase Social Services
Needs Addressed Assistance for Senior Residents
314

14 Funding CDBG: $47,500
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE

THE QUALITY OF LIFE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
300 PERSONS WILL BE ASSISTED WITH SENIOR SERVICES
Location Description CITY-WIDE
Planned Activities 1) ASSISTING WITH DAILY NEEDS FOR SENIORS BY CAREGIVERS

VOLUNTEERS ASSISTING THE ELDERLY, CITY OF OXNARD
RECREATION AT 2) PALM VISTA SENIOR CENTER
6 Project Name OTHER PUBLIC SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Social Services
Funding CDBG: $149,299
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE

THE QUALITY OF LIFE
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
125 LOW-INCOME INDIVIDUALS WILL BE ASSISTED WITH SUBSIDIZED HEALTH CARE SERVICES, FAIR HOUSING SERVICES WILL ASSIST 150 FAMILIES, AND 150 HOMELESS INDIVIDUALS WILL BE ASSISTED WITH EMERGENCY SHELTER AND SERVICES.

Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD 315

15 Planned Activities ***ACTION PLAN UPDATE - The City initially awarded $20,000 to Thrive Mentorship House where addiction and rehabilitation services for adult men were made available. This activity's funds have been reallocated to a park project. Thrive Mentorship House was unable to complete the initial documentation prior to developing a Subrecipient Agreement, therefore the project was closed. Additionally, the Fair Housing Program has been moved from Public Services to Administration, as the City of Oxnard serves all income levels with this program.

1) CITY OF OXNARD FAIR HOUSING PROGRAM, 2) EMERGENCY SHELTER

FOR HOMELESS BY COUNTY OF VENTURA HUMAN SERVICES AGENCY RAIN PROGRAM, 3) HOMELESS SERVICES BY SHELTER CARE RESOURCES, 4) SUBSIDIZED HEALTH CARE SERVICES BY LIVINGSTON MEMORIAL

VISITING NURSES ASSOCIATION

7 Project Name YOUTH ACTIVITIES AND SERVICES
Target Area
Goals Supported Increase Social Services
Needs Addressed Youth Activities and Services
Funding CDBG: $204,300
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2021 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR YOUTH RECREATIONAL AND EDUCATIONAL PROGRAMS; YOUTH FROM LOW- AND MODERATE-
INCOME HOUSEHOLDS.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
1700 YOUTH WILL BE ASSISTED WITH YOUTH SERVICES/RECREATIONAL

AND EDUCATIONAL PROGRAMS IN LOW-MOD NEIGHBORHOODS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD 316

16 Planned Activities CITY OF OXNARD RECREATION AT 1) COLONIA GYM, 2) COLONIA BOXING GYM, 3) COLONIA RECREATION CENTER, 4) POLICE ACTIVITIES LEAGUE, 5) RECREATION ON THE GO AND 6) COLONIA LIBRARY

EDUCATIONAL PROGRAM
8 Project Name HOMELESS ASSISTANCE
Target Area
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $221,083
Description MERGED EXPECTED RESOURCES, PROJECT FUNDING AND NARRATIVES WITH PROJECT ESG20-OXNARD. THIS PROJECT IS NOT AVAILABLE FOR ACTIVITIES.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER TO 140
INDIVIDUALS; TURNING POINT WILL PROVIDE EMERGENCY SHELTER TO 15 MENTALLY-ILL PERSONS; CITY OF OXNARD HOUSING DEPARTMENT, HOMELESS DIVISION WILL PROVIDE STREET OUTREACH TO 100
INDIVIDUALS; RAPID RE-HOUSING TO 15 HOMELESS HOUSEHOLDS and HOMELESS PREVENTION ASSISTANCE TO 20 HOMELESS PERSONS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) ADMINISTRATION OF HESG BY CITY OF OXNARD, 2) KINGDOM CENTER WILL PROVIDE EMERGENCY SHELTER AND , 3) EMERGENCY SHELTER FOR MENTALLY ILL BY TURNING POINT FOUNDATION, 4) CITY

OF OXNARD HOUSING DEPARTMENT, HOMELESS DIVISION WILL
PROVIDE STREET OUTREACH, 4) RAPID RE-HOUSING, AND 5) HOMELESS

PREVENTION
9 Project Name PARKS AND COMMUNITY SPACE
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Parks and Community Space
Funding CDBG: $118,000
317

17 Description PUBLIC IMPROVEMENTS OF PUBLIC PARKS AND COMMUNITY SPACE

WITHIN LOW- AND MODERATE INCOME AREAS
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT WILL ACCOUNT FOR TANGIBLE IMPROVEMENTS TO

PUBLIC IMPROVEMENTS IN LOW-MOD CENSUS TRACT
NEIGHBORHOODS. THE ACTIVITIES WILL TARGET LOW-MOD CENSUS TRACT NEIGHBORHOODS, ESTIMATED AT 60,000 PERSONS.

Location Description LOW AND MODERATE INCOME AREAS

Planned Activities 1) PLEASANT VALLEY PARK BALL COURT AND 2) LA COLONIA GREEN ALLEYS

1 0
Project Name PUBLIC FACILITIES AND IMPROVEMENTS
Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Utilities and Public Infrastructure
Funding CDBG: $746,945
Description PUBLIC FACILITIES AND IMPROVEMENTS
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT IS CITY-WIDE AND WILL ACCOUNT FOR IMPROVEMENTS TO CITY FACILITIES. THE CITY-WIDE ACTIVITIES WILL ASSIST APPROX 209,000 PERSONS, OF WHICH OVER 60% ARE LOW/MOD INCOME
RESIDENTS, ESTIMATED AT 125,000 PERSONS
Location Description CITY-WIDE
Planned Activities 1) HOMELESS SHELTER PORTABLE FACILITIES, 2) MULTI SERVICE CENTER REHABILITATION, 3) ONE STOP FACILITY AND 4) POLICE ACTIVITY LEAGUE (PAL) REHABILITATION 5)HOMELESS SHELTER IMPROVEMENTS AT 1450 SOUTH ROSE AVE
318

18 1
1 Project Name PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT Target Area
Goals Supported Create Quality Neighborhoods
Needs Addressed Disaster Planning and Recovery
Utilities and Public Infrastructure
Funding CDBG: $195,000
Description PUBLIC FACILITIES -FIRE PROTECTION EQUIPMENT Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

THIS PROJECT IS CITY-WIDE AND WILL ACCOUNT FOR IMPROVEMENTS TO PUBLIC FACILITIES-FIRE PROTECTION EQUIPMENT. THE CITY-WIDE ACTIVITIES WILL ASSIST APPROX 209,000 PERSONS, OF WHICH OVER 60% ARE LOW/MOD INCOME RESIDENTS, ESTIMATED AT 125,000
PERSONS.

Location Description CITYWIDE
Planned Activities 1) EMERGENCY OPERATIONS CENTER
1 2
Project Name ADMINISTRATION
Target Area
Goals Supported Effective Administration
Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Assistance for Senior Residents
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Streets and Streetscapes
Parks and Community Space
Disaster Planning and Recovery
Utilities and Public Infrastructure
319

19 Funding CDBG: $534,799
HOME: $87,594
Description ADMINISTRATION AND PLANNING COSTS SUBJECT TO CAPS FOR EACH FUNDING SOURCE; CDBG (20% of Allocation & PI) AND HOME (10% of Allocation & PI)
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities

ADMINISTRATION AND PLANNING ACTIVITIES WILL BENEFIT FAMILIES CITYWIDE. AN ESTIMATED 209,000 PERSONS WILL BENEFIT FROM THIS ACTIVITY OF WHICH OVER 60% ARE LOW- AND MODERATE- INCOME RESIDENTS.

Location Description CITYWIDE
Planned Activities COORDINATION OF ALL CDBG AND HOME ADMINISTRATION AND

PLANNING ACTIVITIES
1 3
Project Name CV-COVID RESPONSE
Target Area
Goals Supported Enhance Economic Stability
Increase Social Services
Work to End Homelessness
Needs Addressed Housing Support and Stability
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Funding CDBG-CV: $2,875,560
Description CDBG activities to prevent, prepare for and respond to coronavirus.

Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers. The CV-COVID RESPONSE activities total $2,470,694.AMENDMENT (5th): Reallocated and increased funds for CBDG-CV projects for COVID response exiting and new activities.

Total includes unallocated funds of $620,671
Target Date 6/30/2022
320

20 Estimate the number
and type of families
that will benefit from
the proposed
activities
An estimated 21,000 people will benefit from the Fire Paramedicine activity for low and moderate income residents. 21,000 persons will be assisted with Food Share activity; 14,000 persons will be assisted with Health Sanitation activity; 250 homeless individuals will be assisted with emergency shelter and services; 150 youth will be assisted with youth services and educational programs; 10 persons will be assisted by job development and training; rental assistance program will assist 500; and technical assistance activity will assist 20 businesses. These activities are in low-moderate income neighborhoods.

AMENDMENT (5th): Estimated 20 persons assist with job
retention/creation; housing prevention services to assist 150 persons; 100 encampment response individuals will be assisted; Post-PAL Shelter rehabilitation for 1 public facility- 11,500 low/mod persons in area.

Location Description Citywide and Low and Moderate Income Areas.

Planned Activities City of Oxnard Fire Department will provide 1) Fire Paramedicine & PPE; City of Oxnard Cultural & Community Services will provide 2) Food Share, 3) Health-Sanitation Program, 4) Homeless Shelter Expansion, 5) Homework Center at Colonia Gym, South Oxnard Center, Durley Park Youth Center; City of Oxnard Housing Department will provide 6) Homeless Outreach, 7) Homeless Encampment Response, 8) Vocational Job Development & Training, 9) Business Improvement-South Oxnard; City of Oxnard Housing Authority will provide 10) Rental Assistance Program; and Community of Action of Ventura County will provide 11) Oxnard Homeless Services; 12) Business Assistance Program.

AMENDMENT (5th): The following activities were cancelled due to not carrying out the program during COVID-19: City of Oxnard: 4) Homeless Shelter Expansion, 8) Vocational Job Development & Training, 9) Business Improvement-South Oxnard, and Community of Action of Ventura County: 11) Oxnard Homeless Services. The following activities closed and fund balance were reallocated: City of Oxnard Fire Department will provide 1) Fire Paramedicine & PPE; City of Oxnard Cultural & Community Services will provide 2) Food Share, 3) Health- Sanitation Program, 5) Homework Center at Colonia Gym, South Oxnard Center, Durley Park Youth Center. The City of Oxnard Housing Authority will provide 10) Rental Assistance Program will be closed with reduced funds. The following activities needs increased during COVID-19 therefore increased funding: City of Oxnard Housing Department and Ventura County Health Care Agency: 7) Homeless Encampment Response; Economic Development Collaborative of Ventura County: 12) Business Assistance Program. The following are new activities due to COVID-19 are Oxnard Housing Authority 13) Prevention Services and City of Oxnard 14) PAL Rehabilitation. Total includes unallocated funds of $620,671
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21 1
4 Project Name CV-ADMINISTRATION
Target Area
Goals Supported Effective Administration
Needs Addressed Housing Support and Stability
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Funding CDBG-CV: $212,807
Description Administrative tasks supporting activities to prevent, prepare for and respond to coronavirus. (20% cap of Allocation) Subject to the CARES Act and emergency policy from HUD, including program regulations and waivers. The CV-ADMINISTRATION Project total is
$617,673.AMENDMENT (5th): Reduce CDBG-CV Administration project and reallocated to CDBG-CV projects.

Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
Administration and planning activities will benefit families citywide. An estimated 209,000 persons will benefit from this activity of which over 60% are low- and moderate- income residents.

Location Description Citywide.

Planned Activities Coordination of all CDBG-CV Administration and planning activities.

AMENDMENT (5th): Continue Administering the CDBG-CV funds. 1 5
Project Name ESG20-OXNARD
Target Area
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $221,083
ESG-CV: $5,255,005
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22 Description ***AMENDMENT (6th) - The City reallocated ESG-CV funds of $525,265.47 to activities that needed additional funding within the calendar year activities will provide 3a)Emergency Shelter (Ventura County HealthCare Agency) and (Mercy House) 9) Non-Congregate Shelter (City of Oxnard Housing Department)
***AMENDMENT (4th)Updated activities 4) Turning Point Foundation will provide Emergency Shelter, 5) Mercy House will provide Rapid Re- Housing. Both activities are regular ESG funds. ***AMENDMENT(3rd) Updated activities Oxnard ESG-CV funds will provide 1) Homeless Expansion Shelter (Mercy House Emergency Shelter) at K Street (2) Temporary Homeless Shelter at PAL (Mercy House Emergency Shelter), Emergency Shelter Maintenance (at K Street and PAL) 3) Temporary Emergency Shelter at 2nd Street (terminated), and Emergency Shelter (Turning Point Foundation), and Emergency Shelter Services (Ventura County Healthcare Services) 4) Case Management & Rapid Re-Housing, 5) Homeless Encampment Response-Outreach, 6) Street Outreach (Ventura County Health Care Services Agency and the Salvation Army) and 7) Tenant-Based Rental Assistance (United Way-Forward Home) and 8) Administration of ESG-CV***Annual Action Plan Amendment Update (2nd) - The City reallocated ESG-CV funds to activities that needed additional funding within the calendar year. ESG-CV Administration was reduced to $51,090, and Emergency Shelter was increased to $4,083,495 - dedicated to Mercy House Shelter Services and Operations, Turning Point Foundation, and Ventura County Health Care Services Agency. Street Outreach was reduced by $136,516 with those funds moving to Emergency Shelter Services. The original Annual Action Plan had an unallocated amount of $651,589, that is now moving to Emergency Shelter Services. HESG ANNUAL $221,083 -
Administration and Planning costs subject to 7.5% Cap, or $16,581.

HEARTH Emergency Solutions Grant funds to provide financial assistance to various service providers for Emergency Shelter and Street Outreach subject to 60% Cap; Homeless Prevention, Rapid Re-Housing, and HMIS activities to serve homeless individuals and families, and those at-risk of becoming homeless. Street Outreach and Emergency Shelter activities will be limited to 60% of HESG allocation, or $132,649.

All HESG subrecipients are required by CITY OF OXNARD to provide matching funds of a dollar for every dollar HESG grant dollar received. (First AAP Amendment) ESG-CV ANTICIPATED RESOURCES ALLOW $5,476,088 OF ESG-CV ACTIVITIES TO PREVENT, PREPARE FOR AND RESPOND TO CORONAVIRUS.

Target Date 6/30/2022
323

23 Estimate the number
and type of families
that will benefit from
the proposed
activities
HESG PY 2020 Annual grant will assist Kingdom Center with Emergency Shelter activity funds for 140 individuals; assist Turning Point with Emergency Shelter funds for 15 mentally ill persons; City of Oxnard Housing Department, Homeless Division with funds to contract for a provider to assist with Street Outreach to 100 individuals; Rapid Re- Housing to 15 Homeless households and Homeless Prevention assistance to 20 homeless persons.
** *AMENDMENT (6
th) UPDATE Oxnard ESG-CV- Homeless activities
planned are Emergency Shelter for additional 25 persons.

With the CARES Act, ESG-CV funds - Homeless activities planned are Emergency Shelter to 350 homeless persons; Rapid Re-Housing to 30 individuals; Street Outreach to 200 individuals.

Location Description Various locations throughout the City of Oxnard.

Planned Activities PY 2020 HESG Annual activities will be; 1) Administration of HESG activities, 2) Kingdom Center will provide Emergency Shelter for families, 3) Emergency Shelter for mentally ill by Turning Point Foundation, 4) City of Oxnard Housing Department, Homeless Division, will provide Street Outreach, 4) Rapid Re-Housing, and 5) Homeless Prevention.
**AMENDMENT (6
th) UPDATE-OXNARD ESG-CV Continue Emergency
Shelter Activity
Oxnard ESG-CV funds will provide 1) Homeless Expansion Shelter, 2) Temporary Homeless Shelter at K Street, 3) Temporary Emergency Shelter at 2nd Street, 4) Case Management & Rapid Re-Housing, 5) Homeless Encampment Response-Outreach, 6) Street Outreach and 7) Administration of ESG-CV.

AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The primary national objectives of the ConPlan programs are to benefit LMI residents, therefore, the City’s CDBG funds will be targeted to extremely low, low, and moderate -income persons. The City has traditionally dedicated 100 percent of its CDBG resources to activities that exclusively benefit LMI persons.

CDBG funds will be used to serve the LMI persons Citywide and in Low-Moderate Areas (LMA). This trend is expected to continue in PY 2020. Also, the City will continue to assist the low-income persons citywide with HOME and HESG funds. The target areas are: (1) Citywide, with 89 percent of the total entitlem ent funds; and, (2) the LMA Census Tract, 11 percent. The total entitlement includes the administration and planning funding.

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24 Geographic Distribution
Target Area Percentage of Funds
NA NA
Table 4 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The need for affordable housing (funded from CDBG and HOME) is present throughout the City. CDBG funds for direct benefit category-capital improvements and code enforcement are allocated based on the percentage of LMI persons within the LMA neighborhoods. Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as health care, essential and supportive services, as well as housing services. The special population such as seniors, homeless and youth will continue to receive their funding for the healthcare needs, nutrition needs, education needs, shelter support and recreational needs.

HESG allocations are awarded t o projects, citywide, for services provided to low - and very low -income residents.

HOME funds are distributed based on the income eligibility of the clients and citywide basis. These allocations also cover designated areas targeted by Code Compliance efforts to reduce and eliminate the deterioration of the areas through the Homeownership program as well as the Housing Rehabilitation program: homeowners will improve the beautiful appearance of the home and the safety of the neighborhood.

Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.

Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME affordable housing loans for down payment assistance or rehabilitation will leverage affordable housing loan programs, funded by the State of California, such as BEGIN and CAL -HOME. HOME development financing assistance will leverage development funds from the State of California, developer equity, private financing, and tax credit financing.

Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower -income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:

1. First time Homebuyer Loan Program
325

25 2. Homeownership Assistance Program

3. Rehabilitation of Single-Family and Mobile home Housing Units

4. Rehabilitation of Housing Rental Units

5. Construction of new affordable dwelling units

6. Preservation of 520 public housing rental units and 1, 840 Section 8 vouchers (including 15 set aside vouchers for homeless persons and 67 VASH vouchers for veterans)

One Year Goals for the Number of Households to be Supported Homeless 50
Non-Homeless 2,360
Special-Needs 250
Total 2,660
Table 6 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 2,145
The Production of New Units 5
Rehab of Existing Units 6
Acquisition of Existing Units 10
Total 2,166
Table 7 - One Year Goals for Affordable Housing by Support Type Discussion
City of Oxnard's Affordable Housing Division (AHRD) offers HOME grant funds to finance homebuyer assistance and rehabilitation of owner-occupied single family housing for local residents. AHRD will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) to develop affordable housing units throughout the City subject to available funding and as permitted by the funding source. Loan information is provided to interested residents at homeownership fairs, workshops, and on the City of Oxnard's Housing Department website.

AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing un its, 1,840 Section 8 rental assistance vouchers, which includes 67 VASH vouchers and provides support services through its Resident 326

26 Services program and Family Self- Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on - site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self -sufficiency. The FSS Program provides one -on-one counseling and individual assistance to families that participate in this program. Marking flyers for the residential rehabilitation program and the home buyer program are also available in the City's Housing Department lobby.

Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Every 5 years the Capital Fund program conducts a PNA (Physical Need Assessment) throughout the entire housing units and sends out survey questionnaires to the residents to assess the physical deficiencies in their units. It also collects input from Maintenance and Public Housing Staff. All the collected deficiencies get translated into capital improvement projects and get tabulated into a 5 year action plan. Each year, in its Annual Plan and Statement, Capital Fund re -prioritizes those projects identified in the 5 year plan.

For Fiscal year 2020/21, the following capital improvement projects for public housing units are planned:

Cal 31-2 (Felicia Court) Roofing $250,000 Exterior Doors $220,000
Cal 31-8 (Palm Vista) Boiler Replacement $ 10,000
Cal 31-5 (Plaza Vista) Kitchen Cabinets $175,000 Cal 31-7 (Scattered sites) Kitchen Cabinets $350,000
Building Improvements $ 10,000

Total Planned projects for 2020 $1,015,000 In 2019, the Oxnard Housing Authority retired 144 public housing units, the impacted public housing residents were issued Section 8 Project Based Vouchers for the Las Cortes Project and any remaining families were given Section 8 tenant based vouchers to relocate to a unit in the private market.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self- Sufficiency Program and distribution of fliers to all households.

Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable
Discussion
327

27 In order to respond to the increasing need for affordable housing units within the community, OHA and the Housing Department will continue to seek new resources of financing new housing development projects and partnering with developers, owners, and CHDO's.

AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are required to conduct a Point In Time Count (PIT) of homeless persons each year. The 2020 PIT count was conducted on January 29, 2020. The "Ventura County 2020 Homeless Count and Subpopulation Survey: Final Report", published in April 2020. The report is at the following website: https://s33020.pcdn.co/wp- content/uploads/2020/04/2020-VC-Homeless-Count-Report-Final.pdf In summary, the PIT count is a snapshot of homeless people who could be enumerated on one specific day. The 2020 PIT counted a total of 379 unsheltered homeless persons in Oxnard.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including.

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In the previous twelve months the City of Oxnard established a year around homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond. Oxnard has launched an effort to develop a new construction m ixed-use development that will include a new and replacement navigation center and 110 -bed homeless shelter plus other support services and fifty-four units of permanent supportive housing. We expect that this new project will be in operation within thirty-six months and will maintain the interim operation on K Street until relocation is possible. During the next year, Oxnard will engage a new street outreach team to offer navigation for basic needs, services and shelter. The street outreach team will coord inate with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.

Addressing the emergency shelter and transitional housing needs of homeless persons The emergency shelter and transitional housing needs of homeless persons are currently being addressed by several service providers throughout Ventura County. The emergency shelter needs in the area are met by the following providers: Mercy Housing in operation of the Oxnard Navigation Center, Ventura County Rescue Mission - single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out; Kingdom Center - emergency shelter for single women and women with children; Lighthouse Mission for Women and Children - single women and women with children; and Turning Point Foundation - mentally ill individuals. Transitional housing needs are currently being met by the following providers: Kingdom Center - single women and women with children; Khepera House - single men; Many Mansions - transition aged youth, single women and women with children; Turning Point Foundation - single mentally ill persons; Salvation Army - families, single parents and single persons; VC-HSA - families, single parents and children, and single persons; Project Understanding - families and single parent households.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience 328

28 homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority has created a homeless preference in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities. During the 2019 – 2020 fiscal year the Oxnard Housing Authority expects to house fifty otherwise homeless families with the use of Housing C hoice Vouchers. The Ventura County Human Services Agency utilizes both County General Funds and the City's Emergency Solutions Grant to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year. Additionally, Ventura County Veterans Services, Homeless Health Care and Ventura County Behavioral Health all work closely with the service providers to provide other supportive services to assist in reducing the incidence of homelessness as they have also done in the recent past. OHA works in conjunction with the Veteran Administration to administer 67 housing vouchers for homeless veterans under the VASH program. This program targets chronically homeless veterans.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The CoC has documented discharge policies of all of the above mentioned services that spell out various directions to ensure persons are not discharged into homelessness. Additionally, as stated earlier, HSA works with qualifying low -income persons and families to avoid hom elessness. This is done with the utilization of HESG and Ventura County allocated general fund dollars. Under the CoC discharge policy, in fulfilling the State Mandated Policy (state law related to the discharge protocol), the following are found:

Health Care Facilities: the County health care system describes the discharge policy as interdisciplinary responsibility. For the persons who require ongoing medical and nursing care and who have no identifiable address they may be discharged to a respite program at the RAIN project, a County operated transitional housing project. Others, upon discharge routinely go to group homes, board and care facilities, or reunite with families and friends.

Mental Health Facilities: the Ventura County Medical Center Psychiatric Inpatient Unit with the collaboration of Ventura County Behavioral Health and various community agencies provide discharge planning and placement assistance to patients, when leaving the mental health facilities.

Foster care and other youth facilities: the goal is to provide assisted services to eligible youth and young adults between the ages of 16 and 21 in making a successful transition from foster care to independent living and achieve self- sufficiency. In addition to the County Children and Family S ervices, a Transitional Age Youth (TAY) center, operated by Pacific Clinic is also available.

Corrections programs and institutions: upon release, inmates are able to obtain housing in transitional and permanent housing programs, group homes, and sober living homes as well as with family and friends.

Discussion
The CoC has incorporated each of the following goals of Opening Doors into its 20 -year plan to end homelessness:
329

29 Ending chronic homelessness through targeted street outreach (CDBG -Community Action -One Stop Shelter, CoC -Oxnard Homeless Outreach Program, VCHSA -Rapid Re -housing, HESG -Winter Warming Shelter), discharge planning and implementation of a housing first approach.

Preventing and ending homelessness among veterans by providing permanent supportive housing beds, in addition to Section 8 HUD VASH vouchers.

Preventing and ending homelessness for families, youth, and children by 2020 through the rapid rehousing program and homeless prevention activities. The CoC set a path to ending all types of homelessness in its 10-year plan by implementing a coordinated assessment system-Pathways to Home.

As a result, the number of chronic homeless, veterans, families, and youth continue to demonstrate positive results.

All of the above objectives are still in progress and will be folded into a regional plan and strategy led by the County of Ventura.

AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Barriers or constraints to the affordability of housing exist in many forms. A particular building code that to one sector might be interpreted as a “negative” public policy that acts as a barrier to affordable housing may to another sector be seen as a life -saving necessity – for example, seismic safety construction requirements. The same can be said for zoning and land use regulations. It should be noted that in Ventura County, local growth limitations have been adopted by direct ballot measures. Some of these measures entail costs which can affect housing supply and the cost of housing that is produced .

Barriers to exit homelessness include the lack of a permanent, year round shelter and the lack of housing units for those at the very low - and low- income spectrum. Because of the high cost to develop housing for these populations and limited public funding to subsidize the development of new affordable housing units, developers often do not have the resources to develop the number of units necessary to house this population. When this occurs, badly needed units go undeveloped, thus further limiting hou sing opportunities for those hardest to house.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local governm ent police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process.

Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake -prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed, but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.

Discussion:
330

30 The City strives to consistently implement all policies and procedures, to review local development standards and development review procedures in such a way as to avoid and ensure that such do not have unintended negative consequences, and to impro ve policies and procedures so as to increase the opportunities and feasibility of developing affordable housing, especially for special needs and very low - and low-income units). The City will continue to engage in these efforts to identify and minimize an y barriers over which the City has legal authority, in accordance with applicable law.

AP-85 Other Actions – 91.220(k)
Introduction:

The City will implement the goals and strategies of the Consolidated Plan to achieve the other actions listed in the next section.

Actions planned to address obstacles to meeting underserved needs The City will continue to utilize available resources to fund administrative support activities to meet the underserved needs in the community. The City will continue to work with the appropriate state agencies to administer the assets of the former redevelopment agency in the appropriate manner, and to the benefit of the LMI community whenever possible and feasible. Limited availability of funding from federal, state and other so urces; High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs; Reduced or frozen funding from state and other sources due to inadequate state revenue; the housing and credit crisis causing a negative effect; A tight job market has produced an increased demand for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerb ate the affordability crisis; and, Credit crisis has limited the availability of capital to develop housing for low-and moderate-income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2020 by focusing on the following programmatic and administrative areas: Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers. CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California. Staff will continue to collaborate with private-sector partners when appropriate in the development and construction of affordable housing. Staff will continue to collaboratively w ork with the service provider community, non -profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw -down requirements.

Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the remaining RHNA affordable allocation of 2,497 lower income and moderate units and 53 above moderate income units, the City is relying on the following:

The All Affordable Housing Opportunity Program (AAHOP) and Affordable Housing (AH) additive zone (see Supplement 2) with an inventory of 2,067 units on 38 AAHOP sites 331

31 66 Vacant and Underutilized Sites (see Supplement 2) The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2721 and 2615. The Inclusionary Housing Program provides for in -lieu fee payments that can replace the on -site units within a development subject to approval by the City Council. The City is currently in the process of completing a study to increase the City's in -lieu fee. In-lieu fees for development project are as follows:

For-Sale Units: If the in-lieu request is granted, the developer is required to make a payment of 1 percent of the sales price of each for sale unit in the project based on increments of $50,000, with a minimum payment of $5,000 for each unit.

Rental Units: A payment is required for each rental unit. The price is adjusted every s ix months by the percentage increase or decrease for the previous six months as determined by the Los Angeles Riverside- Orange County Consumer Price Index for all urban consumers.

The City Council generally prefers on -site affordable housing as opposed to payment of in -lieu fees. A project that is approved for in -lieu payments has usually agreed to another public benefit through a Development Agreement that justifies the in -lieu payment. In-lieu payments are made when the developer applies for building permits for the approved units. The in -lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always leveraged with other funding sources. The current in-lieu fund balance is approximately $2.8 million.

Possible incentives may include, but are not limited to, the following:

Assistance with accessing and applying for funding (based on availability of federal, state, local foundations, and private funds)
Mortgage-subsidy or down payment a ssistance programs to assist first - time homebuyers and other qualifying households, when such funds are available
Expedited/streamlined application processing and development review Modification of development requirements, such as reduced setbacks and pa rking standards on a case - by-case basis
Density bonus
Actions planned to reduce lead-based paint hazards
The City will coordinate activities with the County of Ventura Department of Health and Human Services to reduce lead-based paint hazards in accordance with federal regulations. Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. A ll units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead -based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.
332

32 Actions planned to reduce the number of poverty-level families Eliminating poverty is a clear concern in Oxnard and Ventura County in general. Efforts are constantly underway to improve the quality of life and economic well- being of the residents through collaborative efforts of the following agencies and their programs to provide needed skills for individuals seeking jobs and thereby getting them out of poverty:

City Corp
Community Action of Ventura County
Oxnard Housing Authority
County of Ventura-Human Services Agency
City's youth programs su ch Police Activities League programs, Colonia Gymnasium, Colonia Recreation Center and Boxing programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Relocation meetings for residents, Fair Housing training and other scheduled meetings (such as Pre -construction meeti ngs, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).

Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. This could be from ongoing meetings, special meetings and task force.

Discussion:

The City anticipates significant numbers of inclusionary affordable housing to be developed within several proposed specific plans and other new projects. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing.

To further ensure the program does not pose a constraint, the City has included a monitoring process.

Other actions that the City of Oxnard will continue to improve compliance assessment for all its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City has a consulting agreement with Rincon to assist and perform the environmental reviews for housing developments and facility imp rovement projects, more complicated, and time consuming projects; 3) Labor Compliance Act: the City reviews and perform the contract administration of all CDBG-funded construction projects; 4) Section 3 Compliance: this function is also performed by the City; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: Inter- Neighborhood Council Forum, Commission on Homelessness, Parks and Re creation and Community Services Commission, Mobilehome Park Rent Review Board, and Senior Services Commission.

Program Specific Requirements
333

33 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction:

In addition to the 20% cap for Administration, the City of Oxnard also allocates 15% of 2020 CDBG funds for public services such as recreation programs for youth, homeless services, senior services and fair housing activities. The balance of the funds wil l be allocated to housing activities, code compliance and public facilities and improvements. In the event of an emergency (such as an earthquake, flooding, or hurricane ...) the City will cut the non -committed funds from other existing projects in order to fund the urgent need within the allowable range. However, the urgent need to meet the following tests: (1) the existing conditions pose a serious and immediate threat to the health and welfare of the community, (2) the existing conditions are recent or recently became urgent, generally 18 months , (3) the City cannot finance on its own, (4) and when other funding sources are not available.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

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34 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

Other forms of local investments for housing that may be available to projects include financing from the City’s in-lieu fees, CDBG funding. Additionally, the City also provides homebuyer assistance through the use of program income received from BEGIN and CALHOME State funded grant programs.

A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

Refer to Questions # 3 for Resale Provisions & procedures.

Recapture:

Provisions
• “In the event that the homebuyer fails to satisfy the requirements during the term of the loan, or otherwise defaults, the City shall exercise its legal rights, as set forth in the promissory note and deed of trust, in order to recover the monetary assistance previously provided to the maximum extent permitted by law.”
• “If the recapture provisions are triggered by a sale of the housing unit, (whether voluntary or involuntary –such as foreclosure) or other default, the City shall take all necessary steps to recover the full amount of HOME funds from the net proceeds. The phrase ‘net proceeds’ is defined as the sales price, minus the loan repayment of the first trust deed (other than HOME funds) and any closing costs.” The HOME Program regulations allow the City to recaptu re the entire HOME Subsidy, in the event the loan recipient violates the affordability and or term period requirements. However, should the ‘net proceeds’ not cover the entire HOME Subsidy or not cover any of the HOME Subsidy, the City is required to forgive the remaining balance of the direct HOME Subsidy. • During the term of the loan, the homeowner must repay the loan if it is sold, transferred or refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.

Procedures
The City utilizes an agreement which includes restrictions, and a promissory note secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.

Staff monitors and requires certification annually by the homeowner that the property is owner-occupied to determine if recapture provisions shall be invoked upon discovery of violations for owner- occupancy or unauthorized transfers.
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35 The City will exercise the rights stipulated in the pro missory note, secured by the deed of trust that was recorded with the County Recorder’s Office.

Should Borrower transfer (as that term is defined in the Note) the Property during the occupancy period, City shall require that Borrower pay from the net proc eeds the full amount of the Loan. For purposes of this Loan Agreement, “net proceeds” shall mean the sales price minus loan repayment (other than CDBG funds) and closing costs.

In the event net proceeds are not sufficient to discharge the full amount of the Loan during the occupancy period plus enable the Borrower to recover his or her initial investment in the Property and documented costs of any capital improvements, Borrower shall share the net proceeds with City. The City’s share of the net proceeds shall be calculated as follows:
(Amount of Loan / Amount of Loan + Borrower’s Investment) = % of Net Proceeds that City is entitled to.

Should the net proceeds not discharge the full amount of the Loan, City shall forgive the remaining balance.

A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

Refer to Question #2 for Recapture provisions and procedures.

Resale Provisions
During the affordability period, the homeowner must resell to another low -income homebuyer if the property is refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.

The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s downpayment plus capital improvements made to the house. It is important to note that in certain circumstances, such as a declining housing market where home values are depreciating, the original homebuyer may not receive a return on his or her investment because the home sold for less or the same price as the original purchase price); and
In the event that the homebuyer fails to satisfy the requirements during the term, or otherwise defaults, the City shall exercise its legal rights, as set forth in the Resale Restriction Agreement.

Procedures
The City utilizes a Resale Restriction Agreement (RRA) secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.

Staff monitors and requires certification annually by the homeowner that the property is owner-occupied to determine if resale provisions shall be invoked upon discovery of violations for owner- occupancy or unauthorized transfers.

If the homeowner defaults or fails to satisfy requirements during the term, the City will exercise the rights stipulated in the Resale Restriction Agreement.

Property must be sold to an eligible low -income homebuyer which shall acquire the unit subject to the continuation of restrictions pro vided in the RRA through an assumption agreement.

The purchase price must be affordable for a low -income household who earns up to 80% of the area median income, provided by HUD. The monthly cost for principal, interest, taxes, insurance, HOA fees, utilities, and maintenance should not be more than 30% of the monthly income for the household or otherwise stated in the RRA. There is no preference to a particular segment of the low-income population. 336

36 The resale price is calculated using one of the two ways de scribed below. The method used is identified in the RRA:

Determined as the affordable housing cost for a family at 80% of AMI paying no more than 30% of the monthly income for the household or in accordance of California Health And Safety Code 50025.5, whichever is lesser, but not less than the original price paid by homebuyer, or

Determination using a CPI method to calculate the increase (or decrease) in value of the property. The U.S. Bureau of Labor Statistics Consumer Price Index – All Urban Consumers for the Los Angeles-Riverside- Orange Counties Area (all items based 1982 -1984=100) provides the CPI on the date of the calculation and the CPI on the purchase date. The calculation is the CPI on the date of the calculation minus the CPI on the purchase da te, plus the cost of improvements to property evidenced with receipts, less 7% depreciation, plus the costs of bringing the housing unit up to current building codes and in a salable condition.

Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City currently does not have any plans to invest HOME funds in this type of activity.

If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct assistance under the HESG program any longer. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each e ligible funded activity. The HESG Policies and Handbook are provided to all HESG subrecipients.

If the Continuum of Care has established a centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The Regional Ventura County Continuum of Care Alliance has established a centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies. Pathways to Home is centralized to provide identical information and system-wide tracking through HMIS, of all homeless individuals who seek or receive assistance at any one of the various service providers, or through the County directly. 337

37 Identify the pr ocess for making sub -awards and describe how the ESG allocation is available to private nonprofit organizations (including community and faith-based organizations).

The process for making all sub-awards for HESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Santa Barbara to Los Angeles.
b. All interested agencies attend inform ation workshop/application training on the process, which includes all deadline dates and times.
c. Interested agencies then submit their application, project overview and qualifications d. The Review Panel included representatives from City Advisory Groups. e. The Review Committee reviews all proposals and provides a scores for each eligible application. The funding recommendations are derived based on the scores. f. The funding recommendation are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval. g. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. h. The Mayor and City Council directs the City Manager and staff to move forward with final processing i. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
j. Contracts are completed and services can begin on July 1. k. All HESG contracts are awarded for two years.

If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City meets the homeless participation requirement by having a homeless and formerly homeless person serve on the City's Commission on Homelessness. In addition, each entity receiving city HESG funding is also asked to provide information as to how they involve the homeless.

Describe performance standards for evaluating ESG.

PERFORMANCE MEASURES Performance measures are in place to ensure the efficient administration of all HESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of time families and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:
• Emergency Shelters: Excluding winter shelters, must be able to document p lacement of a minimum of 10 percent of the homeless persons or households served in the Program Year into transitional or permanent housing.
338

38 • Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who complet ed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families. • Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates.
• Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This shoul d be done via case management of clients, documentation and HMIS entry and exit dates.
• All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 days of program completion or termination.
• MINIMUM STANDARDS: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract. • BUILDING AND HABITABILITY STANDARDS: Any building for which HESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub -Grantee must meet a number of basic standards to ensur e that shelter and housing facilities funded through the HESG program are safe, sanitary and adequately maintained. • MONITORING: City staff will monitor the use of grant funds through a combination of a thorough review of all submitted reports, review of audit or financial statements, and monitoring and site visits.

The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal spec ific requirements.>
Housing Trust Fund (HTF)
Reference 24 CFR 91.220(l)(5)

1. Distribution of Funds
a. Describe the eligibility requirements for recipients of HTF funds (as defined in 24 CFR § 93.2). b. Describe the jurisdiction’s application requirements for eligible recipients to apply for HTF funds. c. Describe the selection criteria that the jurisdiction will use to select applications submitted by eligible recipients.
d. Describe the jurisdiction’s required priority for funding based on geographic distribution, which is a description of the geographic areas of the State (including areas of low-income and minority concentration) in which it will direct assistance during the ensuing program year. e. Describe the jurisdiction’s required priority for funding based on the applicant's ability to obligate HTF funds and undertake eligible activities in a timely manner. f. Describe the jurisdiction’s required priority for funding based on the extent to which rents for units in the rental project are affordable to extremely low-income families. g. Describe the jurisdiction’s required priority for funding based on the financial feasibility of the project beyond the required 30-year period.
339

39 h. Describe the jurisdiction’s required priority for funding based on the merits of the application in meeting the priority housing needs of the jurisdiction (such as housing that is accessible to transit or employment centers, housing that includes green building and sustainable development features, or housing that serves special needs populations).
i. Desc ribe the jurisdiction’s required priority for funding based on the location of existing affordable housing.
j. Describe the jurisdiction’s required priority for funding based on the extent to which the application makes use of non-federal funding sources.

2. Does the jurisdiction’s application require the applicant to include a description of the eligible activities to be conducted with HTF funds?

3. Does the jurisdiction’s application require that each eligible recipient certify that housing units assisted with HTF funds will comply with HTF requirements?

4. Performance Goals and Benchmarks. The jurisdiction has met the requirement to provide for performance goals, consistent with the jurisdiction’s goals established under 24 CFR 91.215(b)(2), by including HTF in its housing goals in the housing table on the SP -45 Goals and AP -20 Annual Goals and Objectives screens.

5. Rehabilitation Standards. The jurisdiction must establish rehabilitation standards for all HTF -assisted housing rehabilitation activities that set forth the requirements that the housing must meet upon project completion. The jurisdiction’s description of its standards must be in sufficient detail to determine the required rehabilitation work including methods and materials. The standards may refer to applicable codes or they may establish requirements that exceed the minimum requirements of the codes. The jurisdiction must attach its rehabilitation standards below. If the jurisdiction will not use HTF funds for the rehabilitation of housing, enter “N/A”.

In addition, the rehabilitation standards must address each of the following: health and safety; major systems; lead -based paint; accessibility; disaster mitigation (where relevant); state and local codes, ordinances, and zoning requirements; Uniform Physical Condition Standards; Capital Needs Assessments (if applicable); and broadband infrastructure (if applicable).

6. Resale or Recapture Guidelines. Below, the jurisdiction must enter (or attach) a description of the guidelines that will be used for resale or recapture of HTF funds when used to assist first -time homebuyers. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”.

7. HTF Affordable Homeownership Limits. If the jurisdiction int ends to use HTF funds for homebuyer assistance and does not use the HTF affordable homeownership limits for the area provided by HUD, it must determine 95 percent of the median area purchase price and set forth the information in accordance with §93.305. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”.

8. Limited Beneficiaries or Preferences. Describe how the jurisdiction will limit the beneficiaries or give preferences to a particular segment of the extremely low- or very low-income population to serve unmet needs identified in its consolidated plan or annual action plan. If the jurisdiction will not limit the beneficiaries or give preferences to a particular segment of the extremely low - or very low -income population, enter “N/A.”
Any limitation or preference must not violate nondiscrimination requirements in § 93.350, and the jurisdiction must not limit or give preferences to students. The jurisdiction may permit rental housing owners to limit tenants or give a p reference in accordance with § 93.303 only if such limitation or 340

40 preference is described in the action plan.

9. Refinancing of Existing Debt. Enter or attach the jurisdiction’s refinancing guidelines below. The guidelines describe the conditions under wh ich the jurisdiction will refinance existing rental housing project debt. The jurisdiction’s refinancing guidelines must, at minimum, demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. If the jurisdiction will not refinance existing debt, enter “N/A.”
<TYPE=[section 9 end]>
Discussion:

The Homeless Assistance Division continues to fund all the activities prescribed in the HEARTH act. With the sub-recipients’ cooperation, the City's HESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, HESG limits the cost categories for administration and planning to 7.5% or $16,581 and 60% for street outreach and emergency shelter $132,649; total $149,230 for those cost categories. The City's 2020 act ion plan allows the maximum toward $16,581 administration and planning, and a total of $71,853 or 32.5% toward other activities such as homeless prevention and rapid re-housing support.
341
2020 Annual Action Plan Amendment
Emergency Shelter Grant CARES Act
Emilio Ramirez, Director
Housing Department
City Council
December 19, 2023
342
DISCUSSION 2

1. In October of 2021, the City Council accepted Emergency Shelter Grant- CARES Act (CDBG-CV) funds to aid in services to the homeless and those at- risk in the amount of $5,255,005.

2. To date, the City has an unexpended an balance of $525,265.47 remaining.

3. funds must go to expenditures prior to September 30, 2023, therefore the funds are available for services that have already occurred.

4. Three Activities have been identified that still require additional funding.

5. Activities identified for Balance of ESG-CV Funding:
a) City of Oxnard Housing - Homeless Unit ($859.24)
b) Mercy House ($233,022.23)
c) Ventura County Health Care Agency ($291,000)

6. Should Council approve these three funding activities, the City anticipates closing the grant with a zero balance.
343

RECOMMENDATIONS
That the City Council:

1. Conduct a public hearing regarding the fiscal year 2020 Annual Action Plan Amendment;

2. Approve the fiscal year 2020-2021 Amended Annual Action Plan;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2020 Annual Action Plan and authorize the budget appropriations to fund the administration and projects;

4. Authorize the City Manager, and his designees, to execute the required documents to submit the 2020-2021 Amended Annual Action Plan to the United States Department of Housing and Urban Development; and

5. Authorize the City Manager, and his designees, to execute all the agreements necessary for the implementation of the Amended Annual Action Plan.
3 344
End of Presentation
345

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1

DATE: December 19, 2023

TO: City Council

FROM: Phillip Molina, City Treasurer, (805) 385-7808, [email protected]

SUBJECT: City Treasurer's annual investment policy for the period ending July 2024. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution adopting the FY 2023-24 investment policy for the City of Oxnard.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/SoqZj8taW9c

BACKGROUND

DISCUSSION

This annual investment Policy is intended to provide directions for the prudent investment of surplus funds of the City of Oxnard and to outline the policies for maximizing the efficiency of the City’s cash management system. To do so requires the timely cash flow statements from the Finance Department.

It is the policy of the City to invest public funds in a manner that will provide high investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State, statutes governing the investment of public funds, and proper accounting as defined in GASB (Government Accounting Standards Board) Nos. 30 and 41. The references to the City Treasurer shall include his or her designee. This policy does not include retirement, retiree health care savings/trust/plan(s), nor deferred compensation plans, nor proceeds of bonds, nor Successor Agency funds.

This investment policy applies to the City’s pooled investment fund, which includes the General Fund, special revenue funds, capital project funds, enterprise funds, trust and agency funds, and internal service funds. While this policy is generally applicable to bond proceeds with consideration given to specific provisions, the City Attorney has determined bond proceeds of each issuance are invested by another city staff and not the elected City Treasurer. Reports of the investment of bond proceeds are issued monthly by the trustee.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.
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COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS

1. 2022-2023 Investment Policy

2. City of Oxnard 2022-23 Investment Policy

3. California 2023-24 Investment Policy

4. City of Oxnard California 2023-24 Investment Policy

5. Treasurer investment Policy FY 23-24 Resolution

6. Presentation

347
City of Oxnard, California
2022-23 Investment Policy
Adopted December 2023
This annual investment Policy is intended to provide direcons for the prudent investment of surplus funds of the City of Oxnard and to outline the policies for maximizing the efficiency of the City’s cash management system. To do so requires the mely cash flow statements from the Finance Department.

It is the policy of the City to invest public funds in a manner that will provide high investment return with the maximum security while meeng the daily cash flow demands of the enty and conforming to all State, statutes governing the investment of public funds, and proper accounng as defined in GASB (Government Accounng Standards Board) Nos. 30 and 41. The references to the City Treasurer shall include his or her deputy. This policy does not include rerement, reree health care savings/trust/plan(s), nor deferred compensaon plans, nor proceeds of bonds, nor Successor Agency funds.

This investment policy applies to the City’s pooled investment fund, which includes the General Fund, special revenue funds, capital project funds, enterprise funds, trust and agency funds, and internal service funds. While this policy is generally applicable to bond proceeds with consideraon given to specific provisions, the City Aorney has determined bond proceeds of each issuance are invested by another city staff and not the elected City Treasurer. Reports of the investment of bond proceeds are separately issued monthly by the trustee.

This statement is intended to provide guidelines for the prudent investment of surplus funds of the City of Oxnard and to outline the policies for maximizing the efficiency of the City’s cash management system. It is the policy of the City to invest public funds in a manner that will provide high investment return with the maximum security while meeng the daily cash flow demands of the enty and conforming to all State and local statutes governing the investment of public funds. The references to the City Treasurer shall include his or her designee. This policy does not include rerement, reree health care savings/trust/plan(s) or deferred compensaon plans.

3.0 PRUDENCE- Reference Ca. Govt. Code 53600.3 Investments shall be made with judgment and care – under circumstances then prevailing – which persons of prudence, discreon, and intelligence exercise in the management of their own affairs, not for speculaon, but for the investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by City officials responsible for the investment of public funds shall be the “prudent investor” standard and shall be applied in the context of managing the overall City porolio of funds. Investment officers acng in accordance with wrien procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual’s security risk or market price changes, provided deviaons from expectaons are reported in a mely fashion and appropriate acon is taken to control adverse developments. 348

4.0 INVESTMENT OBJECTIVES The City’s cash management system is designed to accurately monitor and forecast revenues and expenditures thus enabling the City Treasurer to invest funds to the fullest extent possible. The City Treasurer maintains a diversified investment porolio to accomplish the primary objecves of safety, liquidity, and yield (in that order of priority).

Safety – The safety or risk associated with an investment refers to the potenal loss of principal, accrued interest, or a combinaon of these. The City seeks to migate credit risk by prequalifying and connuously monitoring financial instuons with which it will do business and by scruny of the credit worthiness of the investment instruments as well as the instuons. Such resources as FDIC bank rangs, Sheshunoff, Fitch, Moody’s and Standard and Poor’s rang services may be ulized for this review. The City seeks to migate interest rate risk through diversificaon of instruments as well as maturies.

Liquidity – The City investment porolio will be structured with sufficient liquidity to allow the City to meet its ancipated cash requirements. This will be accomplished through diversity of instruments to include those with acve secondary markets, those which match maturies to expected cash needs and the State Local Agency Investment Fund (LAIF) with immediate withdrawal provisions.

Yield – A compeve market rate of return is the third objecve of the City investment program aer the fundamental requirements of safety and liquidity have been met.

5.0 DELEGATION OF AUTHORITY California Government Code Secon 53607 provides the authority for the legislave body of the local agency to invest the funds of the local agency or to delegate that authority to the treasurer of the local agency. Effecve January 1, 1997, such delegaon is to be reviewed annually and may be renewed by the City Council (Appendix 3, Secon 53607).

City Council – Under City of Oxnard Resoluon No. 10455, the City Council has authorized the City Treasurer to invest City funds in accordance with California Government Code Secon 53600, et. seq.

The City Treasurer will include review of the delegaon of authority in the annual presentaon of the investment policy to the City Council.

City Treasurer – The execuon of investment transacons on a daily basis will be conducted by the City Treasurer. The Assistant City Treasurer will execute transacons only as directed by the City Treasurer in the absence of the City Treasurer. The City Treasurer has established a system of controls and a segregaon of responsibilies of investment funcons to assure maintenance of internal control over the investment funcon. The City Treasurer may propose amendments to the City’s investment policy, guidelines, and procedures at any me to carry out the dues as chief investment officer for the City.

Such amendments shall be reviewed by the City’s Investment Review Commiee and considered by the City Council at a public meeng.

6.0 ETHICS AND AVOIDANCE OF CONFLICTS OF INTEREST Investment officials shall refrain from personal business acvity that could conflict with proper execuon and management of the policy and the investment program, or which could impair their ability to make imparal decisions. Investment officials must provide a public disclosure document by February 1 of each year or when material interest in financial instuons or personal investment posion(s) require it. Furthermore, investment officials must refrain from undertaking personal investment transacons with the same individual(s) employed by the financial instuon with whom business is conducted on behalf of the City. The City Treasurer is governed by the Polical Reform Act of 1974 regarding disclosure of material financial interests. 2 349

7.0 CA Govt. Code 53601.5 The City Treasurer shall transact business only with the banks, savings and loan and properly registered securies dealers.

Authorizaon – The City may conduct business with major registered securies broker-dealers and with dealers designated “Primary” by the Federal Reserve provided all the following criteria are met. The Treasurer or his or her designee will maintain a list of approved financial instuons authorized to provide investment services to the public agency in the State of California. These may include “primary” dealers or regional dealers that qualify under Securies & Exchange Commission Rule 15C3-1 (uniform net capital rule). Broker-dealers must:
a. Have offices located within the State of California;
b. Be adequately capitalized;
c. Make markets in securies appropriate to the City’s needs; d. Agree to abide by the condions set forth in the City’s investment policy; The City Treasurer shall invesgate all instuons which wish to do business with the City and shall require that each financial instuon complete and return the appropriate quesonnaire and required documentaon. An annual review of the financial condion and registraon of qualified bidders will be conducted by the City Treasurer.

No public deposit shall be made except in a qualified public depository as established by the established State laws. All financial instuons and broker/dealers who desire to conduct investment transacons with the public agency must supply the Treasurer (or Chief Financial Officer) with the following: audited financial statements, proof of NASD cerficaon, trading resoluon, proof of State of California registraon, completed broker/dealer quesonnaire, cerficaon of having read the Public Agency’s investment policy and depository contracts.

Rangs – With the excepon of the Local Agency Investment Fund (LAIF) and U.S. Treasury and Government Agency issues, investments shall be placed only in those instruments and instuons rated favorably as determined by the City Treasurer with the assistance of bank rang services and naonally recognized rang services (FDIC, Fitch’s, Moody's, Standard & Poor's, Sheshunoff performance rang, etc.).

8.0 AUTHORIZED AND SUITABLE INVESTMENTS
California Government Code Secon 53601 (Appendix 3) defines eligible securies for the investment of surplus funds by local agencies. Surplus funds of the City of Oxnard are invested in compliance with this statute and as further limited in this Investment Policy.

U.S. Government - United States Treasury Bills, Notes, and Bonds are backed by the full faith and credit of the United States Government. There shall be no limitaon as to the percentage of the porolio invested in this category. Maturies are limited to a maximum of five years.

U.S. Agencies - The purchase of instruments of, or issued by, a federal agency or a United States government-sponsored enterprise will be limited to a maximum maturity of five years. Such agencies include, but are not limited to, the Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home 3 350
Loan Mortgage Corporaon, Student Loan Markeng Associaon, Tennessee Valley Authority, and the Federal Naonal Mortgage Corporaon.

Municipal Bonds, Notes or Evidences of lndebtedness - Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. Registered State warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the State or by a department, board, agency, or authority of the State.

Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this State include bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. A maximum of 15 percent of the porolio may be so invested.

Bankers’ Acceptances - Bills of exchange or me dras drawn on and accepted by commercial banks which are eligible for purchase by the Federal Reserve System are known as bankers’ acceptances.

Purchases of these instruments may not exceed 180 days to maturity or 40 percent of an agency's surplus funds. A maximum of 30 percent may be invested in the bankers’ acceptances of any one commercial bank.

Commercial Paper - This short-term unsecured promissory note is issued to finance short term credit needs. Eligible paper is that which is ranked "Pl" by Moody's Investor Services or "Al" by Standard & Poor's or Fitch’s, issued by a domesc corporaon having assets in excess of $500,000,000, and having an "A" or beer rang on issuer's debt. Purchases of commercial paper may not exceed 270 days or represent more than 10 percent of the outstanding paper of an issuing corporaon. Commercial paper purchases will be limited to 15 percent of the City's porolio.

Negoable Cerficates of Deposit (NCDs) - Allowable NCDs are issued by a naonally or State-chartered bank or a State or federal associaon or by a State-licensed branch of a foreign bank. The City Treasurer may invest up to 30 percent of surplus funds in NCDs limited to instuons rated "Aa" or beer by Moody's or "AA-" or beer by Standard & Poor's CD Rang Services. A rang equivalent to FDIC rang of “One” or “Two” or a Sheshunoff performance rang of A or beer is required for those instuons not rated by Moody's, Fitch’s or Standard & Poor's. NCDs are considered liquid, trading acvely in the secondary market.

Cerficates of Deposit (CDs) - Cerficates of deposit or "me deposits" of up to $250,000 are federally insured. Beyond that amount, these CDs must be collateralized with the collateral held separately from the issuing instuon. The value of the investment must have collateral of at least 110 percent if government securies, or collateral of at least 150 percent if mortgage-backed securies. Statute does not limit CDs, however, this Investment Policy shall limit such investments to a maximum of 30 percent of the porolio (GC 53601(i)). In addion, me deposits shall be placed in instuons meeng all capital requirements and which maintain a rang equivalent to FDIC rang of “One” or “Two” or a Sheshunoff performance rang of A or beer.

Repurchase Agreements - The City may invest in repurchase agreements with banks and dealers of primary dealer status recognized by the Federal Reserve with which the City has entered into a master repurchase contract which specifies terms and condions of repurchase agreements. The maturity of 4 351
repurchase agreements shall not exceed 90 days. The market value of securies used as collateral for repurchase agreements shall be monitored by the City Treasurer's office and will not be allowed to fall below 102 percent of the value of the repurchase agreement. To conform with provisions of the Federal Bankruptcy Code, which provide for the liquidaon of securies held as collateral for repurchase agreements, the only securies acceptable as collateral shall be eligible negoable cerficates of deposit, bankers' acceptances, commercial paper, or securies that are direct obligaons of or that are fully guaranteed by the United States or any agency of the United States. These eligible securies are further defined by California Government Code Secon 53651.

Medium Term Notes - A maximum of 30 percent of the City's porolio may be invested in medium-term notes issued by corporaons organized and operang within the United States. Note maturies may not exceed five years. Securies eligible for investment must be rated in a rang category of "A" or its equivalent or beer by a naonally recognized rang service (i.e., Moody's or Standard & Poor's).

Mutual Funds - Shares of beneficial interest (mutual funds) issued by diversified management companies invesng in securies/obligaons authorized by California Government Code Secon 53600, et. seq., and complying with Secon 53601, are permied investments. Secon 53601(l) further defines requirements. A maximum of 20 percent of the porolio may be so invested.

Local, State, or County Agency Investment Fund - The Local Agency Investment Fund (LAIF) has been established by the State Treasurer for the benefit of local agencies. The City may invest up to the maximum permied by LAIF and the Ventura County Investment Pool operated under the control of the County Treasurer, and CALTRUST consistent with California Government Code Secon 53635.

Ineligible Investments - Investments not described herein, including but not limited to common stocks and financial futures contracts and opons, are prohibited in this fund.

City Inter-fund Loans - Funds may be invested in loans to provide specific funding to City programs, provided no loan shall violate any limitaons prescribed by California law. Legal requirements shall include but not be limited to those listed in Government Code secon 66006(b)(1)(G) for development impact fees and in Government Code secon 66013(d)(5) for water connecon, sewer connecon and capacity charge fees.

9.0 COLLATERAL The issue of collateral requirements is addressed in California Government Code Secon 53652. All acve and inacve deposits must be secured at all mes with eligible securies in securies pools pursuant to Secons 53656 and 53657. Eligible securies held as collateral shall have a market value in excess of the total amount of all deposits of a depository as follows:

Government securies, at least 10 percent in excess
mortgage-backed securies, at least 50 percent in excess leers of credit, at least 5 percent in excess.

FDIC coverage as the Official Custodian of a public unit is insured up to $250,000 per bank and all acve and inacve deposits above the FDIC insured amount must be collateralized to be secured.

10.0 INVESTMENT POOLS/MUTUAL FUNDS
A thorough invesgaon of the pool/fund is required prior to invesng, and on a connual basis. There shall be a quesonnaire developed which will answer the following general quesons:
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a) A descripon of eligible investment securies, and a wrien statement of investment policy and objecves. b) A descripon of interest calculaons and how it is distributed, and how gains and losses are treated. c) A descripon of how the securies are safeguarded (including the selement processes), and how oen the securies are priced and the program audited. d) A descripon of who may invest in the program, how oen, what size deposit and withdrawal are allowed. e) A schedule for receiving statements and porolio lisngs. f) Are reserves, retained earnings, etc. ulized by the pool/fund? g) A fee schedule, and when and how is it assessed. h) Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?

11.0 DIVERSIFICATION
The City's porolio will be suitably diversified by type and instuon to reduce porolio risk while aaining market average rates.

Security Type and Instuon - U.S. Treasury securies and authorized pools, and any porolio or instuonal limits shall comply with California Government Code. Investments are further limited by specific language relang to each investment type as stated in Secon 8 of this Policy.

Maximum Maturies - To the extent possible, the City Treasurer will aempt to match investments with ancipated cash flow requirements. The City's porolio will not be directly invested in securies which mature more than five years from the date of purchase. Reserve funds may be invested in securies exceeding the five years as allowed by California Law (maturity of such investments should coincide as nearly as praccable with expected use of funds).

12.0 INTERNAL CONTROLS
A system of internal controls will be maintained to assure compliance with Federal and State regulaons, City Council direcon, and prudent cash management procedures.

Investment Review Commiee - The City Treasurer and/or the Mayor shall form the investment commiee, whose members may include the Mayor, Councilmembers, City Manager, and Finance Director, or their designated alternates plus members of the public whose interest and knowledge can provide sound advice to the Investment Review Commiee tasked with quarterly review of procedures and adherence to this Investment Policy.

Investment Porolio Guidelines - Guidelines (Appendix No. 2) have been established for procedures within the City Treasurer's Office to assure internal investment controls and a segregaon of responsibilies of investment funcons.

Annual Audit - The City's porolio is included in the annual review of the City's financial management performed by an independent (as defined by FASB and GASB) outside audit firm.

13.0 PERFORMANCE STANDARDS
The investment porolio will be designed to aain at least a market-average rate of return during budgetary and economic cycles. Whenever possible, and consistent with risk limitaons as defined herein and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return as shown on the average CMT (Constant Maturity Treasury) whose maturity most closely matches the average maturity of the porolio. In addion, the City porolio will 6 353
be compared with LAIF and the goal is to maintain a higher posive annual yield than LAIF's annual yield.

14.0 REPORTING-Reference: CA Govt. Code 53646(b )
The City Treasurer shall provide investment informaon to City Council.

Periodic Reports - The City Treasurer will provide detailed reports of the investments in the pooled investment fund porolio on a monthly basis to the City Council, City Manager, Chief Financial Officer, and City Clerk. Within thirty days of the end of each quarter, these reports will be provided with addional informaon such as market pricing. This report shall include the type of investment, issuer, date of maturity, par and dollar amount invested on all securies, investments and moneys held by the local agency, and shall addionally include a descripon of any of the local agency’s funds, investments, or programs, that are under the management of contracted pares, including lending programs. With respect to all securies held by the local agency, and under management of any outside party that is not also a local agency or the State of California Local Agency Investment Fund, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuaon.

Annual Report - This Investment Policy will be presented annually following the close of the fiscal year, to the City Council for approval. Financial Statements per GASB #31 - City Treasurer will provide the porolio's market value gains/losses to Finance to be incorporated in the fiscal year-end balance sheet.

Financial Statements per GASB #40 - Effecve June 30, 2005, addional disclosure is required. City Treasurer will provide detailed maturity and rang informaon to Finance to be incorporated in the Comprehensive Annual Financial Report (CAFR).

15.0 SAFEKEEPING AND CUSTODY –Reference: CA Govt. Code 53608 All security transacons, including collateral for repurchase agreements, entered into by the City Treasurer shall be conducted on a delivery-versus-payment (DVP) basis. Securies will be held by a third-party custodian designated by the Treasurer and evidenced by safekeeping receipts.

16.0 INVESTMENT POLICY ADOPTION –Reference: CA Govt. Code 53646 The City of Oxnard’s investment policy shall be adopted by resoluon of the City Council. The policy shall be reviewed annually by the City Council and any modificaons made thereto by the City Treasurer must be presented to the City Council. The City Treasurer shall establish wrien investment policy procedures for the operaon of the investment program consistent with this policy. The procedures should include reference to: safekeeping, master repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegaon of authority to persons responsible for investment transacons. No person, or officer may engage in an investment transacon except as provided under the terms of this policy and the procedures established by the City of Oxnard.

APPENDIX
a) No. 1 Glossary
b) No. 2 Investment Porolio Guidelines
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c) No. 3 California Government Code Secons related to Investment of Public Funds City of Oxnard,
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City of Oxnard, California
2022-23 Investment Policy
Adopted November 30, 2024
APPENDIX NO. 2: OXNARD CITY TREASURER INVESTMENT PORTFOLIO GUIDELINES A. INTRODUCTION. These guidelines are established to direct and control investment acvies in such a manner to assure that the goals established in the Investment Policy are aained. B. GENERAL FACTORS.

Several factors must be considered in preparaon for effecve porolio management.

1. Cash Forecast. The cash flow of the City shall be updated daily with an analysis of cash receipts and expenditures. A close working relaonship with City Departments having a significant impact on cash flow is maintained to maximize the efficiency of the City's cash management system.

2. Pooled Cash. Whenever praccal, the City's cash should be consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated according to specific general ledger cash balances. No City bank account may be opened without the knowledge and consent of the City Treasurer.

3. Authorized Instuons. A list of instuons, which meet the criteria of the Investment Policy and have been authorized by the City Treasurer to do business with the City, will be maintained and regularly updated. Investment transacons will be executed only with approved broker/dealers, banks, and savings and loans.

4. Preservaon of Porolio Value. Yield standards are in place in an effort to maintain earnings consistent with the market average rate of return.

5. Golden Rule of Porolio Management. Investment instrument characteriscs should be known and understood before a purchase of the investment instrument. And recognizing that there are no firm and steadfast rules (strategies) for porolio management because investor expectaons change by the day, hour, and minute, and because of this market instability, prudent principles of fiscal management must be applied.

C. STRATEGY: Strategy refers to the plan of acon for managing financial resources in the most advantageous manner. The City Treasurer uses the following elements in developing strategy.

1. Economic Forecasts. Economic forecast informaon developed by economists and financial experts, obtained through bankers and brokers, is used to assist the City Treasurer with the formulaon of an investment strategy for the City.

2. Investment Implementaon. Investment transacons will be executed in conformance with ancipated cash flow requirements, economic condions, and interest rate trends and must be consistent with the established Investment Policy.

3. Yield Enhancement. Investment techniques will be ulized which increase yield and maintain a fully invested posion.

D. INVESTMENT PROCEDURES. The City Treasurer has developed internal investment procedures to provide for effecve cash management. Segregaon of responsibilies is maintained to assure an adequate system of internal control over the investment funcon. 1 356

1. Diversificaon. The fund should consist of a mix of various types of securies, issuers, and maturies.

2. Compeve Bids. Purchase and sale of securies shall be made on the basis of compeve bids and offers with a minimum of two quotes being obtained, when praccal.

3. Investment Transacons. Investment transacons will be authorized by the City Treasurer. In his/her absence, the Assistant City Treasurer will execute transacons as prescribed by the City Treasurer prior to his/her absence. In the event of unexpected absence and unavailability by the City Treasurer, the Assistant City Treasurer will transact within established guidelines.

4. Electronic Transacons. Whenever possible, the City will use preformaed wire transfers and ACH debits to restrict the transfer of funds to preauthorized accounts only. All electronic transacons require an iniator plus an approval by an authorized employee. Authencity is verified on next business day for each electronic transacon.

5. Safekeeping. Securies purchased from broker/dealers (on which maturity is greater than 30 days) shall be held in third party safekeeping with the Trust Department of Union Bank of California acng as third-party trustee. All such purchases will be on a delivery versus-payment basis. Evidence of account for cerficates of deposit will be issued in the City's name and held in City Treasurer's vault.

E. INVESTMENT CRITERIA. All investments will be made in compliance with Federal, State, and Local laws governing the investment of City funds, and in accordance with the City Treasurer's Investment Policy. 1.

Maturity of Investment. Investments longer than one year may be made if consistent with the City's cash flow needs, related intent to hold unl maturity, unless market condions demand otherwise. Securies may be sold prior to maturity for cash flow purposes or to otherwise enhance the porolio. If the rang of any depository declines to an unacceptable level prior to the maturity of an investment of City funds, the investment will be matured at the earliest possible opportunity. If the rang drops below the allowable level of any one of the rang services, the investment will be sold if no significant loss of principal is involved. Such sales will be determined by the City Treasurer. 2. Cerficate of Deposit Evaluaon. (a) Time Cerficates of Deposit shall be evaluated in terms of FDIC coverage. For deposits more than the insured maximum of $250,000, approved collateral shall be required at the percentage above market value as specified by California Government Code Secon 53652 and/or 53651. (b) Negoable Cerficates of Deposit shall be evaluated in terms of the credit worthiness of the issuer as these deposits are uninsured and uncollateralized promissory notes.

F. PRIMARY GOALS. As set forth in the Investment Policy, the primary goals for the City of Oxnard are safety, liquidity, and yield, in that priority order. 1. Safety. The safety/risk associated with an investment refers to the potenal loss of principal, accrued interest, or a combinaon of these. The City of Oxnard employs investment instruments considered to be safe. The primary duty of the City Treasurer is to protect the cash and investments placed in her trust on behalf of the cizens of the community. 2.

Liquidity. Liquidity refers to the ability to convert investment holdings to cash immediately with no loss of principal or accrued interest. This quality of investment is important should an unexpected need for funds occur. 3. Yield. Yield is the dollar earnings the investment provides. Yield becomes important only aer the fundamental requirements of safety and liquidity have been met.

G. INTERNAL CONTROL OF INVESTMENTS . Investment transacons are controlled through distribuon of responsibilies within the Treasurer's Office by the following procedures:

1. The Treasurer iniates each investment transacon.
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2. Details of the investment are recorded on a trade slip and given to the account clerk responsible for encoding the trade details into the electronic investment system. The same account clerk produces a verificaon leer mailed to the instuon receiving the investment. A copy of the leer is forwarded to the transferring bank.

3. The transacon record is then delivered to a designee who enters the transacon on the cash balance spread sheet.

4. At month end the balances on the spreadsheet, maintained by a designee, must balance with the porolio balance maintained independently by the electronic system clerk.

5. Each business day, the Treasurer's Office receives an electronic report from the City's bank. This report contains checking account balances, a lisng of debits and credits, overnight investments, and a record of wired funds. This informaon is incorporated into the monthly checking account statement which provides a cross reference.

6. The Treasurer's Office forwards copies of all investment and transfer leers to General Accounng daily. General Accounng also receives copies of all bank statements, daily print-outs, bank reconciliaons, credit/debit memorandums, journal vouchers, and tapes coordinang Treasurer's Receipts with deposits. 7. The Treasurer's report of balances and summary of investments and earnings is compiled monthly and distributed to the City Council, City Manager, City Clerk and Chief Financial Officer. A report, including market values, will be provided on a quarterly basis within 30 days of the close of the last month of each quarter. A report of porolio gains/losses will be provided to the Chief Financial Officer at fiscal year-end for inclusion in year-end balance sheet reporng. These Guidelines are provided to all staff members of the City Treasurer's Office being involved with the investment procedures in any way. It is intended that these guidelines define the details of current pracce set forth by the Investment Policy.
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California 2023-24
Investment Policy
Adopted December 2023
APPENDIX NO. 1: GLOSSARY AGENCIES:

Federal agency securies.

BANKERS' ACCEPTANCE (BA): A dra or bill or exchange accepted by a bank or trust company. The accepng instuon guarantees payment of the bill, as well as the issuer.

BASIS POINT: One one-hundredth of a percent (i.e., 0.01 %) BROKER: A broker brings buyers and sellers together for a commission paid by the iniator of the transacon or by both sides; he does not posion. In the money market, brokers are acve in markets in which banks buy and sell money and in inter-dealer markets.

CERTIFICATE OF DEPOSIT (CD): A me deposit with a specific maturity evidenced by a cerficate. Large denominaon CDs are typically negoable.

COLLATERAL: Securies, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securies pledged by a bank to secure deposits of public monies.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A cerficate aached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker acts as a principal in all transacons, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securies: delivery versus payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securies with an exchange of money for the securies. Delivery versus receipt is delivery of securies with an exchange of a signed receipt for the securies.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly aer sale also is at a discount.

DISCOUNT SECURITIES: Non-interest-bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.

DIVERSIFICATION: Dividing investment funds among a variety of securies offering independent returns.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of instuons and individuals, e.g., S&Ls, small business firms, students, farmers, farm cooperaves, and exporters.

FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operaons. 1 359
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000.

FEDERAL HOME LOAN BANKS (FHLB): The instuons that regulate and lend to savings and loan associaons. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks.

FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal Naonal Mortgage Associaon Act in 1938. FNMA is a federal corporaon working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residenal mortgage funds in the United States. Fannie Mae, as the corporaon is called, is a private stockholder-owned corporaon. The corporaon's purchases include a variety of adjustable mortgages and second loans in addion to fixed-rate mortgages. FNMA's securies are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive mely payment of principal and interest.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securies guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loans associaons and other instuons. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securies are backed by FHA, VA or FMHM mortgages. The term “pass-throughs” is oen used to describe Ginnie Mae investment instruments.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substanal loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL AGENCY INVESTMENT FUND (LAIF): Funds from local governmental units may be remied to the California State Treasurer for deposit in this special fund for the purpose of investment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold at a specific date.

MASTER REPURCHASE AGREEMENT: A wrien contract covering all future transacons between the pares to repurchase and reverse repurchase agreements that establishes each party's rights in the transacons. A master agreement will oen specify, among other things, the right of the buyer-lender to liquidate the underlying securies in the event of default by the seller-borrower.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

PORTFOLIO: Collecon of securies held by an investor. PRIMARY DEALER: A group of government securies dealers that submit daily reports of market acvity and posions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securies and Exchange Commission (SEC) registered securies broker-dealers, banks, and a few unregulated firms.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amorzed yield to maturity on a bond or the current income return. RATING 2 360
AGENCIES: S&P Probably the best known of the Big Three rang agencies, Standard and Poor’s (S&P) is a company providing financial publishing, informaon and media to the world’s capital markets. It is owned by the McGraw-Hill Companies. S&P also publishes stock market indices, the most well-known of which is the S&P 500. S&P’s rangs from the best quality borrowers to the lowest are: AAA, AA, A, BBB, BB, B, CCC, CC, C, and D. Investment grade is BBB and above. S&P uses plus and minus to add intermediate designaons to these rangs. Moody’s Moody’s started in 1909 as a publishing company, issuing railroad bond guides called Moody’s Manuals. It later expanded its coverage to municipal and commercial bonds, and is now called Moody's Investment Services. Moody’s uses the following rangs:

Aaa, Aa, A, Baa, Ba, B, Caa, Ca, and C. Numbers are added for intermediate designaons, such as Baa1, Baa2, etc. Investment grade is considered to be Baa and above; anything below is considered speculave, or junk. Fitch Owned by a French Holding Company, Fimalac SA, Fitch operates internaonally and offers financial research as well as credit rang services. The smallest of the Big Three, Fitch uses the same rangs scale as S&P. Conflicts of Interest of rang agencies Credit rangs agencies receive fees from the issuers of the securies they rate. In the me leading up to the 2008 financial crisis, S&P, Moody's and Fitch all gave consistently high rangs to mortgage-backed securies created by the investment banks who were paying them. This overrang of risky debt instruments contributed to the financial bubble and subsequent decline. Congress has proposed new regulaon of these agencies to increase compeon and ensure independence in this market REPURCHASE AGREEMENT (RP OR REPO): A holder of securies sells these securies to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their posions. Excepon: When the Federal Reserve Bank is said to be doing RP, it is lending money that is, increasing bank reserves.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securies and valuables of all types and descripons are held in the banks' vaults for protecon.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the inial distribuon.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securies transacons by administering securies legislaon.

SPREAD: a) The yield or price difference between the bid and offer on an issue; b) The yield or price difference between different issues.

TREASURY BILLS: A non-interest-bearing security issued by the U.S. Treasury to finance the naonal debt.

Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term U.S. Treasury securies having inial maturies of more than ten years. TREASURYNOTES: Intermediate term coupon bearing U.S. Treasury securies having inial maturies of from one to ten years.

YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
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UNIFORM NET CAPITAL RULE: Securies and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securies maintain a maximum rao of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital rao. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securies, one reason new public issues are spread among members of underwring syndicates. Liquid capital includes cash and assets easily converted into cash.
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City of Oxnard,
California 2023-24 Investment Policy
Adopted December 2023
APPENDIX NO. 3: STATE OF CALIFORNIA GOVERNMENT CODE INVESTMENT PROVISIONS 53600.

As used in this arcle, “local agency” means county, City, City and county, including a chartered City or county, school district, community college district, public district, county board of educaon, county superintendent of schools, or any public or municipal corporaon. (Amended by Stats. 1987, Ch. 887, Sec. 2.)
53600.3.

Except as provided in subdivision (a) of Secon 27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies invesng public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.

When invesng, reinvesng, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic condions and the ancipated needs of the agency, that a prudent person acng in a like capacity and familiarity with those maers would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitaons of this secon and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. (Amended by Stats. 1996, Ch. 749, Sec. 4. Effecve January 1, 1997.) 53600.5.

When invesng, reinvesng, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objecve of a trustee shall be to safeguard the principal of the funds under its control. The secondary objecve shall be to meet the liquidity needs of the depositor. The third objecve shall be to achieve a return on the funds under its control. (Amended by Stats. 1996, Ch. 749, Sec. 5. Effecve January 1, 1997.)
53600.6.

The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state.

Therefore, to protect the solvency and creditworthiness of the state and all its polical subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern. (Added by Stats. 1995, Ch. 784, Sec. 13. Effecve January 1, 1996.)
53601.

This secon shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Secon 53635 shall apply to all local agencies that pool money in 1 363
deposits or investments with other local agencies that have separate governing bodies. The legislave body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any poron of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securies prescribed in this secon, in a negoable, bearer, registered, or nonregistered format, shall require delivery of the securies to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securies to the counterparty bank’s customer book entry account may be used for book entry delivery. For purposes of this secon, “counterparty” means the other party to the transacon. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this secon specifies a percentage limitaon for a parcular category of investment, that percentage is applicable only at the date of purchase. Where this secon does not specify a limitaon on the term or remaining maturity at the me of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securies lending agreement authorized by this secon, that at the me of the investment has a term remaining to maturity in excess of five years, unless the legislave body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislave body no less than three months prior to the investment: (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or cerficates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Registered treasury notes or bonds of any of the other 49 states in addion to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addion to California. (e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (f) Federal agency or United States government-sponsored enterprise obligaons, parcipaons, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. (g) Bankers’ acceptances otherwise known as bills of exchange or me dras that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this secon. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this secon. This subdivision does not preclude a municipal ulity district from invesng moneys in its treasury in a manner authorized by the Municipal Ulity District Act (Division 6 (commencing with Secon 11501) of the Public Ulies Code). (h) Commercial paper of “prime” quality of the highest ranking or of the highest leer and number rang as provided for by a naonally recognized stascal rang organizaon (NRSRO). The enty that issues the commercial paper shall meet all the following condions in either paragraph (1) or (2): (1) The enty meets the following criteria: (A) Is organized and operang in the United States as a general corporaon. 2 364
(B) Has total assets more than five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated in a rang category of “A” or its equivalent or higher by an NRSRO. (2) The enty meets the following criteria: (A) Is organized within the United States as a special purpose corporaon, trust, or limited liability company. (B) Has program wide credit enhancements including, but not limited to, overcollateralizaon, leers of credit, or a surety bond. (C) Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO. Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counes or a city and county, that have less than one hundred million dollars ($100,000,000) of investment assets under management, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counes or a city and county, that have one hundred million dollars ($100,000,000) or more of investment assets under management may invest no more than 40 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counes or a city and county may invest in commercial paper pursuant to the concentraon limits in subdivision (a) of Secon 53635. (i) Negoable cerficates of deposit issued by a naonally or state-chartered bank, a savings associaon, or a federal associaon (as defined by Secon 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negoable cerficates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this secon. For purposes of this secon, negoable cerficates of deposit do not come within Arcle 2 (commencing with Secon 53630), except that the amount so invested shall be subject to the limitaons of Secon 53638. The legislave body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from invesng local agency funds, or funds in the custody of the local agency, in negoable cerficates of deposit issued by a state or federal credit union if a member of the legislave body of the local agency, or a person with investment decision making authority in the administrave office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any commiee appointed by the board of directors, or the credit commiee or the supervisory commiee of the state or federal credit union issuing the negoable cerficates of deposit. (j) (1) Investments in repurchase agreements or reverse repurchase agreements or securies lending agreements of securies authorized by this secon, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this secon. (2) Investments in repurchase agreements may be made, on an investment authorized in this secon, when the term of the agreement does not exceed one year. The market value of securies that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securies and the value shall be adjusted no less than quarterly. Since the market value of the underlying securies is subject to daily market fluctuaons, the investments in repurchase agreements shall be in compliance if the value of the underlying securies is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements or securies lending agreements may be ulized only when all the following condions are met: (A) The security to be sold using a reverse repurchase agreement or securies lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. (B) The total of all reverse repurchase agreements and securies lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the porolio. (C) The agreement does not exceed a term of 92 days, unless the agreement includes a wrien codicil guaranteeing a minimum earning or spread for the enre period between the sale of a security using a reverse repurchase agreement or securies lending agreement and the final maturity date of the same 3 365
security. (D) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securies lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the inial selement date of the reverse repurchase agreement or securies lending agreement, unless the reverse repurchase agreement or securies lending agreement includes a wrien codicil guaranteeing a minimum earning or spread for the enre period between the sale of a security using a reverse repurchase agreement or securies lending agreement and the final maturity date of the same security. (4) (A) Investments in reverse repurchase agreements, securies lending agreements, or similar investments in which the local agency sells securies prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a naonally or state-chartered bank that has or has had a significant banking relaonship with a local agency. (B) For purposes of this chapter, “significant banking relaonship” means any of the following acvies of a bank: (i) Involvement in the creaon, sale, purchase, or rerement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness. (ii) Financing of a local agency’s acvies. (iii) Acceptance of a local agency’s securies or funds as deposits. (5) (A) “Repurchase agreement” means a purchase of securies by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securies on or before a specified date and for a specified amount and the counterparty will deliver the underlying securies to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securies to the counterparty bank’s customer book-entry account may be used for book-entry delivery. (B) “Securies,” for purposes of repurchase under this subdivision, means securies of the same issuer, descripon, issue date, and maturity. (C) “Reverse repurchase agreement” means a sale of securies by the local agency pursuant to an agreement by which the local agency will repurchase the securies on or before a specified date and includes other comparable agreements. (D) “Securies lending agreement” means an agreement under which a local agency agrees to transfer securies to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securies and the collateral are held by a third party. At the conclusion of the agreement, the securies are transferred back to the local agency in return for the collateral. (E) For purposes of this secon, the base value of the local agency’s pool porolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool parcipants, excluding any amounts obtained through selling securies by way of reverse repurchase agreements, securies lending agreements, or other similar borrowing methods. (F) For purposes of this secon, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds. (k) Medium-term notes, defined as all corporate and depository instuon debt securies with a maximum remaining maturity of five years or less, issued by corporaons organized and operang within the United States or by depository instuons licensed by the United States or any state and operang within the United States. Notes eligible for investment under this subdivision shall be rated in a rang category of “A” or its equivalent or beer by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this secon and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this secon. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. (l) (1) Shares of beneficial interest issued by diversified management companies that invest in the securies and obligaons as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restricons of this arcle and Arcle 2 (commencing with 4 366
Secon 53630). However, notwithstanding these restricons, a counterparty to a reverse repurchase agreement or securies lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securies underlying a repurchase agreement or securies lending agreement may be 100 percent of the sales price if the securies are marked to market daily. (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securies and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria: (A) Aained the highest ranking or the highest leer and numerical rang provided by not less than two NRSROs. (B) Retained an investment adviser registered or exempt from registraon with the Securies and Exchange Commission with not less than five years’ experience invesng in the securies and obligaons authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management more than five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria: (A) Aained the highest ranking or the highest leer and numerical rang provided by not less than two NRSROs. (B) Retained an investment adviser registered or exempt from registraon with the Securies and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management more than five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this secon. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligaons under a lease, installment sale, or other agreement of a local agency, or cerficates of parcipaon in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resoluon, indenture, or agreement of the local agency providing for the issuance. (n) Notes, bonds, or other obligaons that are at all mes secured by a valid first priority security interest in securies of the types listed by Secon 53651 as eligible securies for the purpose of securing local agency deposits having a market value at least equal to that required by Secon 53652 for the purpose of securing local agency deposits. The securies serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligaon, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulaons applicable to the types of securies in which the security interest is granted. (o) A mortgage passthrough security, collateralized mortgage obligaon, mortgage-backed or other paythrough bond, equipment lease-backed cerficate, consumer receivable passthrough cerficate, or consumer receivable-backed bond. Securies eligible for investment under this subdivision shall be rated in a rang category of “AA” or its equivalent or beer by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securies authorized by this subdivision shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this secon. (p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Secon 6509.7 that invests in the securies and obligaons authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proporonal interest in the 5 367
underlying pool of securies owned by the joint powers authority. To be eligible under this secon, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registraon with the Securies and Exchange Commission. (2) The adviser has not less than five years of experience invesng in the securies and obligaons authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management more than five hundred million dollars ($500,000,000). (q) United States dollar denominated senior unsecured unsubordinated obligaons issued or uncondionally guaranteed by the Internaonal Bank for Reconstrucon and Development, Internaonal Finance Corporaon, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rang category of “AA” or its equivalent or beer by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this secon. (r) Commercial paper, debt securies, or other obligaons of a public bank, as defined in Secon 57600. This secon shall remain in effect only unl January 1, 2026, and as of that date is repealed. (Amended by Stats. 2020, Ch. 235, Sec. 2. (SB 998) Effecve January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operave version added by Sec. 3 of Stats. 2020, Ch. 235.)
53601.1.

The authority of a local agency to invest funds pursuant to Secon 53601 includes, in addion thereto, authority to invest in financial futures or financial opon contracts in any of the investment categories enumerated in that secon. (Added by Stats. 1983, Ch. 534, Sec. 3.) 53601.2.

As used in this arcle, “corporaon” includes a limited liability company. (Added by Stats. 2004, Ch. 118, Sec. 18. Effecve January 1, 2005.)
53601.5.

The purchase by a local agency of any investment authorized pursuant to Secon 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an instuon licensed by the state as a broker-dealer, as defined in Secon 25004 of the Corporaons Code, or from a member of a federally regulated securies exchange, from a naonal or state-chartered bank, from a savings associaon or federal associaon (as defined by Secon 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. (Amended by Stats. 2001, Ch. 57, Sec. 2. Effecve January 1, 2002.)
53601.6.
(a) A local agency shall not invest any funds pursuant to this arcle or pursuant to Arcle 2 (commencing with Secon 53630) in inverse floaters, range notes, or mortgage-derived, interest-only strips. (b) (1) Except as provided in paragraph (2), a local agency shall not invest any funds pursuant to this arcle or pursuant to Arcle 2 (commencing with Secon 53630) in any security that could result in zerointerest accrual if held to maturity. However, a local agency may hold prohibited instruments unl their maturity dates. The limitaon in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Secon 53601. (2) Notwithstanding the prohibion in paragraph (1), a local agency may invest in 6 368
securies issued by, or backed by, the United States government that could result in zero- or negave-interest accrual if held to maturity, in the event of, and for the duraon of, a period of negave market interest rates. A local agency may hold these instruments unl their maturity dates. (c) This secon shall remain in effect only unl January 1, 2026, and as of that date is repealed. (Amended by Stats. 2020, Ch. 235, Sec. 4. (SB 998) Effecve January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operave version added by Sec. 5 of Stats. 2020, Ch. 235.) 53601.8.

Notwithstanding any other provision of this code, a local agency that has the authority under law to invest funds, at its discreon, may invest a poron of its surplus funds in deposits at a commercial bank, savings bank, savings and loan associaon, or credit union that uses a private sector enty that assists in the placement of deposits. The following condions shall apply: (a) The local agency shall choose a naonally or state-chartered commercial bank, savings bank, savings and loan associaon, or credit union in this state to invest the funds, which shall be known as the “selected” depository instuon. (b) The selected depository instuon may use a private sector enty to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associaons, or credit unions that are in the United States and are within the network used by the private sector enty for this purpose. (c) The selected depository instuon shall request that the local agency inform it of depository instuons at which the local agency has other deposits, and the selected depository instuon shall provide that informaon to the private sector enty. (d) Any private sector enty used by a selected depository instuon to help place its local agency deposits shall maintain policies and procedures requiring all the following: (1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall always be insured by the Federal Deposit Insurance Corporaon or the Naonal Credit Union Administraon. (2) Every depository instuon where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulaons of the Federal Deposit Insurance Corporaon or the Naonal Credit Union Administraon, as applicable. (3) At the me of the local agency’s investment with a selected depository instuon and no less than monthly thereaer, the private sector enty shall ensure that the local agency is provided with an inventory of all depository instuons in which deposits have been placed on the local agency’s behalf, that are within the private sector enty’s network. (4) Within its network, the private sector enty shall ensure that it does not place addional deposits from a parcular local agency with any depository instuon idenfied pursuant to subdivision (c) as holding that local agency’s deposits if those addional deposits would result in that local agency’s total amount on deposit at that depository instuon exceeding the Federal Deposit Insurance Corporaon or the Naonal Credit Union Administraon insurance limit. (e) If a selected depository uses two or more private sector enes to assist in the placement of a local agency’s deposits, the selected depository shall ensure that it does not place addional deposits from a parcular local agency with a depository instuon if those addional deposits would result in that local agency’s total amount on deposit at that depository instuon exceeding the Federal Deposit Insurance Corporaon or the Naonal Credit Union Administraon insurance limit. (f) The selected depository instuon shall serve as a custodian for each such deposit. (g) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector enty, the selected depository instuon shall receive an amount of insured deposits from other financial instuons that, in total, are equal to, or greater than, the full amount of the principal that the local agency inially deposited through the selected depository instuon pursuant to subdivision (b). (h) Notwithstanding subdivisions (a) to (g), inclusive, a credit union shall not act as a selected depository 7 369
instuon under this secon unless both of the following condions are sasfied: (1) The credit union offers federal depository insurance through the Naonal Credit Union Administraon. (2) The credit union is in possession of wrien guidance or other wrien communicaon from the Naonal Credit Union Administraon authorizing parcipaon of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while parcipang in a deposit placement service will at all mes be insured by the federal government. (i) It is the intent of the Legislature that this secon shall not restrict compeon among private sector enes that provide placement services pursuant to this secon. (j) The deposits placed pursuant to this secon shall be subject to Secon 53638 and shall not, in total, exceed 50 percent of the agency’s funds that may be invested for this purpose. (k) This secon shall remain in effect unl January 1, 2026, and as of that date is repealed. (Amended (as amended by Stats. 2015, Ch. 181, Sec. 1) by Stats. 2019, Ch. 619, Sec. 1. (AB 945) Effecve January 1, 2020. Repealed as of January 1, 2026, by its own provisions. See later operave version, as amended by Sec. 3 of Stats. 2019, Ch. 619.) 53602.

The legislave body shall invest only in notes, bonds, bills, cerficates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the State, provided, that the board of supervisors of a county may, by a four-fihs vote thereof, invest in notes, warrants or other evidences of indebtedness of public districts wholly or partly within the county, whether or not such notes, warrants, or other evidences of indebtedness are legal investments for savings banks. (Amended by Stats. 1954, 1st Ex. Sess., Ch. 10.)
53603.

The legislave body may make the investment by direct purchase of any issue of eligible securies at their original sale or aer they have been issued. (Amended by Stats. 1953, Ch. 537.) 53604.

The legislave body may sell, or exchange for other eligible securies, and reinvest the proceeds of, the securies purchased. (Amended by Stats. 1953, Ch. 537.) 53605.

From me to me, the legislave body shall sell the securies so that the proceeds may be applied to the purposes for which the original purchase money was placed in the sinking fund or the treasury of the local agency. (Amended by Stats. 1953, Ch. 537.)
53606.

The bonds purchased, which were issued by the purchaser, may be canceled either in sasfacon or sinking fund obligaons or otherwise. When canceled, they are no longer outstanding, unless in its discreon, the legislave body holds then uncanceled. While held uncanceled, the bonds may be resold. (Added by Stats. 1949, Ch. 81.)
53607.

The authority of the legislave body to invest or to reinvest funds of a local agency, or to sell or exchange securies so purchased, may be delegated for a one-year period by the legislave body to the treasurer of the local agency, who shall thereaer assume full responsibility for those transacons unl the 8 370
delegaon of authority is revoked or expires, and shall make a monthly report of those transacons to the legislave body. Subject to review, the legislave body may renew the delegaon of authority pursuant to this secon each year. (Amended by Stats. 1996, Ch. 749, Sec. 6. Effecve January 1, 1997.) 53608.

The legislave body of a local agency may deposit for safekeeping with a federal or state associaon (as defined by Secon 5102 of the Financial Code), a trust company or a state or naonal bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve bank or with any state or naonal bank located in any City designated as a reserve City by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligaons, cerficates of indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this arcle or pursuant to other legislave authority. The local agency shall take from such financial instuon a receipt for securies so deposited.

The authority of the legislave body to deposit for safekeeping may be delegated by the legislave body to the treasurer of the local agency; the treasurer shall not be responsible for securies delivered to and receipted for by a financial instuon unl they are withdrawn from the financial instuon by the treasurer. (Amended by Stats. 1985, Ch. 983, Sec. 17. Effecve September 26, 1985.) 53635. (a) This secon shall apply to a local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. However, Secon 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body. This secon shall be interpreted in a manner that recognizes the disnct characteriscs of investment pools and the disnct administrave burdens on managing and invesng funds on a pooled basis pursuant to Arcle 6 (commencing with Secon 27130) of Chapter 5 of Division 2 of Title 3. A local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other agencies may invest in commercial paper pursuant to subdivision (h) of Secon 53601, except that the local agency shall be subject to the following concentraon limits: (1) No more than 40 percent of the local agency’s money may be invested in eligible commercial paper. (2) No more than 10 percent of the total assets of the investments held by a local agency may be invested in any one issuer’s commercial paper. (b) Notwithstanding Secon 53601, the City of Los Angeles shall be subject to the concentraon limits of this secon for counes and for cies and counes with regard to the investment of money in eligible commercial paper. (c) A local agency subject to this secon may invest in commercial paper, debt securies, or other obligaons of a public bank, as defined in Secon 57600. (Amended by Stats. 2019, Ch. 442, Sec. 12. (AB 857) Effecve January 1, 2020.)
53656.
(a)At the me the treasurer enters a contract with the depository pursuant to Secon 53649, he or she shall authorize the agent of depository designated by the depository, but including the trust department of the depository only when acceptable to both the treasurer and the depository, to hold securies of the depository in accordance with this arcle to secure the deposit of the local agency. (b) Only those trust companies and trust departments, or the Federal Home Loan Bank of San Francisco, which have been authorized by the administrator pursuant to Secon 53657 shall be authorized by treasurers to act as agents of depository. (c) The securies are subject to order of the depository in accordance with Secon 53654 except when the provisions of subdivision (i) of Secon 53661 and Secon 53665 are in effect. (d) An agent of depository shall not release any security held to secure a local agency deposit in a 9 371
depository unless the administrator issues an order authorizing the release where either of the following occurs: (1) A state or federal regulatory agency has taken possession of the depository. (2) A conservator, receiver, or other legal custodian has been appointed for the depository. (Amended by Stats. 1998, Ch. 1035, Sec. 10. Effecve September 30, 1998.)
53657.
(a) No person shall act as an agent of depository unless that person is a trust company located in this state, the trust department of a bank located in this state, or the Federal Home Loan Bank of San Francisco, and is authorized by the administrator to act as an agent of depository. (b) (1) An applicaon for authorizaon shall be in such form, shall contain such informaon, shall be signed in such manner, and shall (if the administrator so requires) be verified in such manner, as the administrator may prescribe. (2) The fee for filing an applicaon for authorizaon with the administrator shall be five hundred dollars ($500). (3) If the administrator finds, with respect to an applicaon for authorizaon, that the applicant is competent to act as an agent of depository and that it is reasonable to believe the applicant will comply with all applicable provisions of this arcle and of any regulaon or order issued under this arcle, the administrator shall approve the applicaon. If the administrator finds otherwise, the administrator shall deny the applicaon. (4) When an applicaon for authorizaon has been approved, the applicant shall file with the administrator an agreement to comply with all applicable provisions of this arcle and of any regulaon or order issued under this arcle. The agreement shall be in such form, shall contain such provisions, and shall be signed in such manner as the administrator may prescribe. (5) When an applicaon for authorizaon has been approved, the applicant has complied with paragraph (4), and all condions precedent to authorizing the applicant to act as agent of depository have been fulfilled, the administrator shall authorize the applicant to act as agent of depository. (Amended by Stats. 1996, Ch. 1063, Sec. 82. Effecve January 1, 1997. 10 372

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
ADOPTING THE FY 2023-24 INVESTMENT POLICY
WHEREAS, Government Code Section 53646 provides that the City Treasurer may annually render to the City Council a statement of investment policy, which the City Council shall consider at a public meeting.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to adopt the FY 2023-24 Investment Policy attached hereto as Exhibit A.

PASSED AND ADOPTED THIS 19th day of December 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
373
Oxnard City Treasurer’s
Investment policy for fiscal
Year 2023-2024
374
This investment policy describes the
parameters for investing government
funds and identifies the investment
objectives, preferences or tolerance for
risk, constraints on the investment
portfolio, and how the investment
program will be managed and monitored.
375
This policy includes guidelines on selecting
investment types, investment advisors,
interest rate risk, maturities, and credit
quality, along with collateralization
requirements.
376
Consistent with Best Practice, I
included guidelines to enhance the separation
of duties and reduce the risk of fraud.

This means no other city official is authorized
to make the final decision about what
instrument to invest in except for an elected
official, but requires the city staff to perform
the administrative duties to complete
purchases.
377
I established a process for creating a list
of financial institutions, depositories,
and broker/dealers that will provide the
primary services necessary for
executing the investment program.
378
There are currently over 12 authorized
brokers including:

Multi-Bank Securities,
Piper Jaffray,
Stifel, Nicolaus & Company,
Union Bank,
Wells Fargo Bank,
Alamo Capital, and
Baird…
379
This investment policy was first written in
2017. We received notification from the
CMTA (California
Municipal Treasurers Association) that they
identified that policy as among the best for
the year.

Therefore, that policy has remained the
same except for legal updates when
required.
380
Government Code recommends monthly
reporting, but the Council limited the number of
times the investment report is presented in the
council agenda to quarterly reports.

Consequently, I prepare and submit to the City
Clerk, individual Mayor and Councilmembers a
report on a monthly basis.
381
Phillip Molina,
City Treasurer
382

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2

DATE: December 19, 2023

TO: City Council

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

SUBJECT: Ratification of authorization for the Fire Department to submit a regional grant application to the Public Works Alliance EMS Corps, in partnership with California’s Employment Development Department (EDD) to provide EMT training to young people in Ventura County. (10 minutes)

RECOMMENDATION

That the City Council:

1. Authorizes the Oxnard Fire Department to submit a regional grant application to the Public Works Alliance EMS Corps, in partnership with California’s Employment Development Department (EDD) to provide EMT training to young people in Ventura County in the amount of $2,750,000. There are no matching funds required.

2. Authorize the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;

3. Authorize the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and

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

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 28, 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/LeuoAWu1Y6A

BACKGROUND

The City of Oxnard Fire Department was recently made aware of this workforce development grant opportunity. The City Manager approved applying for the grant prior to Council as it represents a fantastic opportunity for Oxnard young adults as well as young adults across the county. Applications for this grant proposal were due on November 18th, 2023.

The Public Works Alliance is a collaborative group of policy experts, system leaders, researchers, and advocates. They help public systems that serve children and low-income families increase revenue. They design and implement career development programs for underserved and system-involved youth. Their EMS Corps program is a five-month EMT training program for young people who have had to navigate underresourced public systems, insecure housing, system involvement and other challenges. In addition to EMT training, Corps members receive a monthly stipend, wraparound support, mentorship, career guidance and job placement after they graduate. The program helps mitigate a shortage of EMS workers while providing young people, who have historically faced barriers to employment, new pathways to careers in healthcare and potentially the fire service.

DISCUSSION

This grant provides a unique opportunity for the Oxnard Fire Department to connect with our community outside of 383
emergency response. The grant is designed to recruit young adults from under-represented communities, support them to complete an EMT certification, and finally helps them gain employment in healthcare or the fire service. The grant requires no match. It provides $200,000 and six months as a planning grant to establish the program. It then provides $850,000 a year, over three years, to ensure 40 young adults a year are certified as EMT’s. The Oxnard Fire Department anticipates hiring a project manager to oversee this project over the first three years.

One of the impacts of the COVID-19 pandemic was that EMT and paramedic classes were canceled and postponed. Additionally, there were many EMTs and paramedics that left the prehospital and healthcare fields. This has created a shortage of EMTs and paramedics in the pipeline to continue to serve in these roles. In Ventura County we also anticipate losing additional paramedics over the next 18 months as Santa Barbara has reformed its ambulance system. This proposal helps accelerate filling that pipeline of future EMTs and paramedics.

In May 2022, the Oxnard Fire Department released a 5-year strategic plan. One of the six identified goals is related to recruitment and investing in strategies aimed at hiring more women and Oxnard community members as Firefighters. To accomplish this goal, the Fire Department seeks to foster partnerships with existing community organizations and develop new partnerships with organizations we haven’t previously worked with. One of the biggest hurdles to applying for a firefighter position with the City of Oxnard Fire Department is getting an EMT certification. This proposal addresses that hurdle in a proactive way.

Since learning of this opportunity, the Fire Department has developed wide collaborative partnerships with agencies across the county to undertake this unique and exciting project. Internally, the Fire Department will be working closely with City Corps, Housing and the Police Department to develop recruitment strategies to find young adults that perhaps have not considered a career in healthcare or the fire service.

More broadly, we have support from the Ventura County Board of Supervisors, Ventura County Emergency Medical Services Agency (VCEMSA), Casa Pacifica, Clinicas, Gold Coast Ambulance, Ventura County Community Foundation, Dignity Health, Performance Therapy, Ventura and Oxnard Community Colleges. The Ventura Fire Chiefs Association and the labor associations representing firefighters in Ventura County are supporting this initiative.

If awarded, the six-month planning grant would start in the first quarter of 2024. Once planning has been completed, annual operations will be provided. The grant support is scheduled to conclude in February 2028. During this period of performance, we will be working on developing sustainable funding streams to continue the program after the beginning of 2028.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

If awarded, grant revenue will be recognized and appropriated to the State & Local Grant Fund (210), and staff will return to City Council to request approval if any changes in staffing are needed to support grant implementation. There is no local match required for this grant.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief, Fara Ravan, Administrative Services Support Supervisor

ATTACHMENTS

1. Presentation

384
Ratification of authorization for the Fire Department to submit a regional grant application to the Public Works Alliance EMS Corps, in partnership with California’s Employment Development Department (EDD) to provide EMT training to young people in Ventura County
Alexander Hamilton, Fire Chief
385
Recommendation
That the City Council:

1. Authorizes the Oxnard Fire Department to submit a regional grant application to the Public Works Alliance EMS Corps, in partnership with California’s Employment Development Department (EDD) to provide EMT training to young people in Ventura County in the amount of $2,750,000. There are no matching funds required.

2. Authorize the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;

3. Authorize the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and

4. Authorize the Fire Chief or designee to submit non-financial reports. 386
Background
The City of Oxnard Fire Department was recently made aware of this workforce development grant opportunity. The City Manager approved applying for the grant prior to Council as it represents a fantastic opportunity for Oxnard young adults as well as young adults across the county. Applications for this grant proposal were due on November 18th 2023.
387
Background
• The Public Works Alliance is a collaborative
group of policy experts, system leaders,
researchers, and advocates.
• They help public systems that serve children and
low-income families increase revenue.
• They design and implement career development
programs for underserved and system-involved
youth.
• Their EMS Corps program is a five-month EMT
training program for young people who have had
to navigate underresourced public systems,
insecure housing and other challenges.
⋅ In addition to EMT training, Corps
members receive a monthly stipend,
wraparound support, mentorship, career
guidance and job placement after they
graduate.
⋅ The program helps mitigate a shortage of
EMS workers while providing young
people, who have historically faced
barriers to employment, new pathways to
careers in healthcare and potentially the
fire service.
388
Discussion
• This grant provides a unique opportunity for the Oxnard Fire Department to connect with our community outside of emergency response
• The grant requires no match
• It provides $200,000 and six months as a planning grant to establish the program • It then provides $850,000 a year, over three years, to ensure 40 young adults a year are certified as EMT’s
• The Oxnard Fire Department anticipates hiring a project manager to oversee this project over the first three years
389
Discussion
• One of the impacts of the COVID-19 pandemic was that EMT and paramedic classes were canceled and postponed. Additionally, there were many EMTs and paramedics that left the prehospital and healthcare fields. • This has created a shortage of EMTs and paramedics in the pipeline to continue to serve in these roles. In Ventura County we also anticipate losing additional paramedics over the next 18 months as Santa Barbara has reformed its ambulance system. This proposal helps accelerate filling that pipeline of future EMTs and paramedics.
390
Discussion
• Internally, the Fire Department will be working closely with City Corps, Housing and the Police Department to develop recruitment strategies to find young adults that perhaps have not considered a career in healthcare or the fire service.
• We have support from the Ventura County Board of Supervisors, Ventura County Emergency Medical Services Agency (VCEMSA), Casa Pacifica, Clinicas, Gold Coast Ambulance, Ventura County Community Foundation, Dignity Health, Performance Therapy, Ventura and Oxnard Community Colleges. • The Ventura Fire Chiefs Association and the labor associations representing firefighters in Ventura County are supporting this initiative.
391
Discussion
If awarded, the six-month planning grant would start in the first quarter of 2024. Once planning has been completed, annual operations will be provided. The grant support is scheduled to conclude in February 2028. During this period of performance, we will be working on developing sustainable funding streams to continue the program after the beginning of 2028.
392
Financial Impact
If awarded, grant revenue will be recognized and appropriated to the State & Local Grant Fund (210). There is no local match required for this grant.
393
Questions?
394

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3

DATE: December 19, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Authorize the Housing Director to Execute a Subordination Agreement with Peoples’ Self Help Housing and the California Department of Housing and Community Development for Cypress Place at Garden City Phase I. (10 minutes)

RECOMMENDATION

That the City Council authorize the Housing Director to execute a Subordination Agreement, and any and all related documents thereto, with Peoples’ Self Help Housing and the California Department of Housing and Community Development for Cypress Place at Garden City.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/vu3t0LksZTA

BACKGROUND

Peoples’ Self-Help Housing is a non-profit housing organization that works to provide affordable rental and for-sale housing to low-income households. For the past fifty-two years, Peoples’ Self-Help Housing has been one of the leading nonprofit housing developers in San Luis Obispo, Santa Barbara, Monterrey and Ventura counties.

In February 2021, Peoples’ Self-Help Housing received entitlements to develop Cypress Place at Garden City, a 150-unit development located at 5536 and 5482 Cypress Road. The development is comprised of 148 affordable rental units for households with incomes between thirty percent and eighty percent of area median income for fifty-five years and two manager units. The project is located on an All-Affordable Housing Opportunity site and also received a density bonus, thus requiring a regulatory agreement to memorialize the affordability covenants required under each program.

Peoples’ Self-Help Housing is developing Cypress Place at Garden City in two phases. The first phase will consist of ninety units comprised of eighty-nine affordable rental units targeting low-income and farmworker families earning between thirty percent and eighty percent of the area median income, one manager unit and all of the project’s amenities.

In the second phase, Peoples’ Self-Help Housing will develop the remaining sixty units, which consists of fifty-nine affordable rental units and one manager unit.

Peoples’ Self-Help Housing successfully obtained the funding necessary to develop the first phase, which has a development budget of $66,134,167. The primary funding sources came from the California Department of Housing and Community Development, who provided a $36,287,635 forgivable equity loan under the new Housing Accelerator Program and an $8,180,344 loan under the Joe Serna Farmworker Housing Program. Peoples’ Self-Help Housing also plans to take out a $13,000,000 permanent loan. While the majority of the funding needed to complete the development was obtained from varying Federal and State resources, a financial gap still existed.

In February 2023, the City Council authorized loaning Peoples’ Self-Help Housing $1,600,000 in HOME funds and 395
$1,500,000 from the Community Development Block Grant to close the gap and make the projects financially viable.

DISCUSSION

In March of 2023, Peoples’ Self-Help Housing closed on their construction loan financing. As part of the construction loan closing, the required loan and regulatory agreements from the City of Oxnard, including the required All Affordable Housing Opportunities and density bonus regulatory agreements, were executed and recorded.

During the closing, the State of California made Peoples’ Self-Help Housing and the City of Oxnard aware that they would not be ready to close on their portion of the financing, and would need additional time to finalize their loan documents. Although the State of California’s loan documents were not ready at the time of the construction closing, Peoples’ Self-Help Housing was able to close on their construction loan and begin construction.

The State of California is currently finalizing their loan documents with Peoples’ Self-Help Housing and in that process, they’ve requested that the City of Oxnard subordinate its regulatory agreements, in favor of the State of California’s regulatory agreements.

The State of California’s Uniform Multifamily Regulations, which regulates its financial underwriting, expressly prohibits the State of California’s regulatory agreement and deed of trust from subordinating to a lien of a local government entity. The State of California defines “liens of a local government entity” as “a recorded deed of trust, regulatory agreement, reversion, or other recorded agreement securing payment or performance, or a covenant running with the land that affects the maintenance, use, operation, or occupancy of the Rental Housing Development.”

The State of California does allow subordinating to a lien of a local government entity if the local government entity provides twice the amount of funds to the project than the State of California or if the local government entity provides more funds to the project than the State of California, and it also manages a portfolio of loans with over 10,000 affordable units.

The City of Oxnard’s density bonus regulatory agreements meet the State of California’s definition of a “lien of a local government agency,” but the City of Oxnard’s financial assistance and affordable housing portfolio do not meet the thresholds listed above that would allow the State of California to subordinate.

Placing the State of California’s regulatory agreements in a senior position does not negatively impact the project but does place the City of Oxnard's loans behind that of the state should there ever be a default. A benefit of this requirement is that it strengthens the projects' affordability by placing the State of California’s more restrictive regulatory agreement in a senior position. Both regulatory agreements restrict all eighty-nine units to households below eighty-percent of the area median. However, the State of California’s regulatory agreements require deeper affordability by requiring the project to provide sixty-five units to households with incomes between thirty-percent and sixty-percent of the area median income.

Understanding, that the City of Oxnard has an interest in not allowing its regulatory agreements from being voided in the event the State of California were to foreclose on its deed of trust, the State of California will allow the City of Oxnard’s regulatory agreements to remain in a superior position, thereby preventing the City of Oxnard’s regulatory agreements from being voided in the event of foreclosure.

Staff recommends the City Council authorize the execution of the subordination agreement. Attached to this report is Peoples’ Self-Help Housing’s executed subordination agreement. The State of California will not send its executed subordination agreement to the City of Oxnard, as it is their common practice to send executed documents directly to escrow. If this item is approved, staff will proceed with coordinating the City of Oxnard’s execution of the subordination agreement and transmitting both the City of Oxnard and Peoples’ Self-Help Housing’s signatures to escrow for recording.

STRATEGIC PRIORITIES

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

396

FINANCIAL IMPACT

There is no direct fiscal impact to the City in approving this action, however there is a change in risk profile should council approve subordinating the City's loan behind that of the State.

COMMITTEE OUTCOME

This item did not originate in Committee. This action further implements previous City Council approval of the $1.6M loan to People's Self-Help Housing.

Prepared by: Albert Ramirez, Assistant Housing Director

ATTACHMENTS

1. Subordination Agreement

2. PowerPoint Presentation

397

Subord. Agrmt. Page 1 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

FREE RECORDING IN ACCORDANCE

WITH CALIFORNIA GOVERNMENT
CODE SECTION 27383 and 27388.1.

RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:

State of California
Department of Housing and
Community Development
P. O. Box 952052
Sacramento, CA 94252-2052
Attn: Legal Affairs Division
20-FWHG-16363
22-ACC-17560

SUBORDINATION AGREEMENT

NOTICE: THIS SUBORDIN ATION AGREEMENT RESUL TS IN YOUR SECURITY

INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.

THIS SUBORDINATION AGREEMENT (the "Agreement") is dated as of July 7, 2023, for reference purposes only, and is entered into by and among the City of Oxnard, a municipal corporation (the "Junior Lienhold er") and Cypress Place at Gard en City, L.P., a California limited partnership (the "Borrower"), and the Department of Housing and Community Development, a public agency of the State of California (the "Senior Lender").

RECITALS

A. Borrower is the owner of fee simple in terest in that real property described in Exhibit A attached hereto and made a part hereof (the "Property"). The Borrower has acquired and is constructing a 90-unit multifamily reside ntial rental development on the Property (the "Improvements"). The Property and the Improvements are sometimes referred to collectively as the "Development."

B. The Junior Lienholder has made a loan to the Borrower in t he principal sum of One Million Five Hundred T housand and no/100 Do llars ($1,50 0,000.00) (the "Junior Lienholder CDBG Loan"). The Juni or Lienholder CDBG Loan is evidenced by a certain promissory note (the “Junior Lienholder CDBG Note”), secured by a certain deed of trust (the “Junior Lienholder CDBG Deed of Trust”) recorded on March 31, 2023, as Instrument No. 2023000023531 in the Official Records of Ventura County, California (the “Official Records”).

The Junior Lienholder and Borrower have also entered into a regulatory agreement affecting the use of the Development, recorded on March 31, 2023, as Instrument No. 2023000023529 398

Subord. Agrmt. Page 2 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

in the Official Records (the “Junior Lienholder CDBG Regulatory Agreement”). (The Junior Lienholder CDBG Deed of Trust, the Junior Lienholder CDBG Regulatory Agreement and all other documents evidencing or securing the Junior Lienholder Loan are collectively referred to herein as the “Junior Lienholder CDBG Documents.”)

C. The Junior Lienholder has also made a lo an to the Borrower in the principal sum of One Million Six Hundred Thou sand and no/1 00 Dollars ($1,600,00 0.00) (the "Junior Lienholder HOME Loan"). The Junior Lienholde r HOME Loan is evid enced by a certain promissory note (the “Junior Lienholder HOME Note”), secured by a certain deed of trust (the “Junior Lienholder HOME Deed of Trust”) recorded on March 31 , 2023, as Instrument No. 2023000023532 in the Offi cial Records. The Junior Li enholder and Borrower have also entered into a regulatory agreem ent affecting the use of the Development, recorded on March 31, 2023, as In strument No. 20 23000023530 in the Official Records (the “Junior Lienholder HOME Regulatory Agreement”). (The Junior Lienholder HOME Deed of Trust, the Junior Lienholder HOME Regulatory Agreement and all other docum ents evidencing or securing the Junior Lienholder HOME Loan are co llectively referred to herein as the “Junior Lienholder HOME Documents.”)

D. The Junior Lienholder and Borrower have also entere d into a certain Density Bonus Affordability Agreem ent affecting the use of the Development, recorded on March 28, 2023, as Instrument No. 2023000022388 in the Official Records.

E. The Junior Lienholder and Borrower have also entered into a certain All Affordable Housing Opportunity Program Affordability Agre ement (“AAHOP Agreement”) affecting the use of the Development, record ed on March 28, 2023 , as Instrument No. 2023000022389 in the Official Records.

F. The Junior Lienhol der CDBG Document s, the Junior Lienholder HOME Documents, the Density Bonu s Affordability Agreement, a nd the AAHOP Agreement are collectively referred to herein as the “Junior Lienholder Documents.”

G. In order to finance the development of the Improvements, the Senior Lender has agreed to loan the Borrower a sum not to exceed Eight Million One Hundred Eighty Thousand Three Hundred Forty Four and no/100 Dollars ($8,180,344.00) (the "FWHG Loan"), and the Senior Lender has agreed to loan the Borrower a sum not to exceed Thirty Nine Million Five Hundred Fifty Three T housand Five Hundred Twenty Two and no/100 Dollars ($39,553,522.00) (the "ACC Loan"), subject to the terms and conditions of: (i) a Senior regulatory agreement and Junior Regulatory Agre ement (together the “FWHG Regulatory Agreements), restri cting the use and occupancy of the Development and the income derived therefrom whic h shall be dated as of even date herewith and recorded concurrently herewith as an encumbrance on the Property in the Official Records (the "FWHG Regulatory Agreement"), and (ii) other loan documents. The FWHG and ACC Loans will be evidenced by a promissory note (the "FWHG Note"), the repayment of which will be secured by, among other things, a deed of trust by Borrower as trustor, to Senior Lender as beneficiary 399

Subord. Agrmt. Page 3 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

recorded concurrently herewith as an encumbrance on the Property in the Official Records (the "FWHG Deed of Trust") a nd by such other security as is identified in other loan documents. The FWHG Note, FWHG Deed of Trust, and all other documents evidencing or securing the FWHG Loan are collectively referred to herein as the "FWHG Loan Documents.”

H. It is the intent of the Pa rties that the order of priority of the documents that will be on title as follows:

1. HCD’s Senior Regulatory Agreement.

2. The City of Oxnard Density Bonu s Agreement – Subordi nate to the HCD Senior and Junior Regulatory Agreement but Superior to the HCD Deed of Trust.

3. The City of Oxnard AAHOP Agreem ent - Subordinate to the HCD Senior and Junior Regulatory Agreement but Superior to the HCD Deed of Trust.

4. Chase Bank Deed of Trust – Subord inate to the HCD Senior Regulatory Agreement, Oxnard Density Bonus Agreement and Oxnard AAHOP Agreement. Superior to HCD DOT and the City of Oxnard’s HOME and CDBG Deeds of Trust.

5. HCD’s Junior Regulatory Agreement – Superior to th e City of Oxnard Density Bonus and AAHOP Agreement and subordinate to the Chase Bank Deed of Trust.

6. HCD Deed of Trust.

7. UCC-1 Financing Statement.

8. HOME Declaration.

9. CDBG Regulatory Agreement.

10. HOME Deed of Trust.

11. CDBG Regulatory Agreement.

I. The Senior Lender is willing to make the FW HG Loan and ACC Loan (collectively, the "Senior Len der Loans") provided the FWHG Regulatory Agreements are liens, claims or charges upon the Development prior and super ior to the Junior Lienholder Documents, and provided that the Junior Lienholder specifically and unconditionally subordinates and subjects the Junior Lienholder Documents to the liens, claims or charges of the FWHG Regulatory Agreements.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual ben efits accruing to the parties hereto and other valuable co nsideration, the receipt and su fficiency of which is hereby acknowledged, and in order to induce the Senior Lender to make its Senior Lender Loans, it is hereby declared, understood and agreed as follows:

1. The FWHG Regulatory Agreements and the and any and all renewals, modifications, extensions or advances thereunder or secured thereby shall unconditionally be 400

Subord. Agrmt. Page 4 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

and remain at all times liens, claims, or charges on the Development prior and superior to the Junior Lienholder Documents, and to all ri ghts and privileges of the Junior Lienholder thereunder; and the Junior Lienholder Documents, together with all rights and privileges of the Junior Lienholder thereunder are hereby irrevocably and unco nditionally subject and made subordinate to the liens, claims or charges of the FWHG Regulatory Agreements.

2. FWHG Loan Documents will remain at all times liens, claims, or charges on the Development prior and superi or to the Junior Lienholder CDBG Documents and Junior Lienholder HOME Documents. The Junior Lienholder Density Bonus Covenant and AAHOP Agreement will remain at all times liens, claims, or charges on the Development prior and superior to the FWHG Loa n Documents bu t subordinate to the FWHG Regulatory Agreements.

3. This Agreement shall be the whole and only agreement wi th regard to the subordination of the Junior Lienholder Documents, together with all rights and privileges of the Junior Lienholder thereunder, to the liens, cl aims or charges of th e Senior Lender FWHG Regulatory Agreements and FWHG Loan Documents and this Agreement shall supersede and cancel any prior ag reements to subordinate the claims , liens or charges of, but only insofar as would affect the priority between the claims, liens or charges of the Junior Lienholder Documents to the Senior Lender FWHG Loan Documents and the Senior Lender FWHG Regulatory Agreements including, but not limited to, those provisions, if any, contained in the Junior Lienholder Documents, which provide for the subordination of the lien or charge thereof to another lien or charge on the Property or the Improvements. This agreement shall not limit, waive, modify or replace the requirement that the Senior Lienholder comply with IRC Section 42(h)(6)(E)(ii) as stated in the Senior Lender Regulatory Agreements.

4. The Junior Lienholder declares , agrees and acknowledges that:

(a) The Junior Lienholder consents and approves (i) all provisions of the Senior Lender FWHG Note, the FW HG Deed of Trust and the FWHG Regulatory Agreements, and (ii) all agreements among the Junior Lienholder, Borrower and Senior Lender for the disburse ment of the proceeds of the Senior Len der Loans, including without limitation any loan escrow agreements which have been provided to the Junior Lienholder for review;

(b) The Senior Lender, in making disbursements of the Senior Lender Loans pursuant to the Senior Lend er FWHG Note or any ot her agreement, is under no obligation or duty to, nor ha s the Senior Lender represent ed that it will, see to the application of such proceeds by the pers on or persons to whom the Senior Lender disburses such proceeds, and any application or use of such proceeds for purposes other than those provided fo r in such agreement or agree ments shall not defeat the subordination herein made in whole or in part;

(c) That none of the execution, deliver y or recordation of any of the FWHG 401

Subord. Agrmt. Page 5 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

Note, FWHG Deeds of Trust, or FWHG Regulatory Agreements Senior Lender, or the performance of any provision, condition, covenant or other term thereof, will conflict with or result in a breach of the Junior Lienholder Documents or the Junior Lienholder Note; and

(d) The Junior Lienholder intentionally and unconditionally waives, relinquishes, subjects and subordinates the claims, liens or charges upon the Development of the Junior Lienholder Documents, all present and future in debtedness and obligations secured thereby, in favor of the claims, liens or charges upon the Development of the Senior Lender Deeds of Tr ust and the Senior Lender Regulatory Agreements, and understands that in reliance upon, and in consideration of, this waiver, relinquishment, subjection, and subordination, the Seni or Lender Loans and advances thereof are being and will be made and, as part and parcel thereo f, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment, subjection and subordination.

5. Senior Lender hereby agrees, but only as a separate and independent covenant of the Senior Lender and not as a condition to the continued effectiveness of the covenants and agreements of the Borrower and the Junior Lienholder as set forth herein, as follows:

(a) Following a notice from the Senior Len der to the Borrower that a default or breach exists under the terms of the Senior Lender Documents and each of them, the Senior Lender shall promptly (b ut in no event later than the following business day) send a copy of such notice to the Junior Lienholder a nd the Junior Lienholder shall have the right, but not the obligation, to cure the default as follows:

(i) If the default is reas onably capable of being cur ed within thirty (30) days, as determined by the Senior Lender in its sole discretion, the Junior Lienholder shall have such period to effect a cure prior to exercise of remedies by Senior Lender under the Senior Lender Documents, or such longer period of time as may be specified in the Senior Lender Documents.

(ii) If the default is such that it is not reasonably capable of being cured within thirty (30) days, as determined by the Senior Lender in its sole discretion, or such longer period if so specified, and if the Junior Lienholder (a) initiates co rrective action within said perio d, and (b) diligently, continually, and in good faith works to effect a cure as soon as possible, then the Junior Li enholder shall have such additional time as is determined by the Senior Lender, in its sole discretion, to be reasonably necessary to cure the default prior to exercise of any remedies by Senior Lender.

In no event shall Senior Lender be precluded from exerci sing remedies if its security 402

Subord. Agrmt. Page 6 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default is given, or such longer period of time as may be specified in the Senior Lender Documents.

Nothing in this subparagraph (a) is intended to modify any covenant, term or condition contained in the Senior Lender Documents, including, without limitation, the covenant against creating or recording any liens or encumbrances against the Property without the prior written approval of the Senior Lender.

(b) The provisions of this paragraph 4 are intended to supplement, and not to limit, waive, modify or replace, those provisions of law pertaining to notice and cure rights of junior lenders incl uding, without limitation, those set forth in Ca lifornia Civil Code sections 2924b and 2924c.

6. The Senior Lender wo uld not make the Senior Lender Loans without this Agreement.

7. This Agreement shall be binding on and inure to the benefit of the legal representatives, heirs, successors and assigns of the parties.

8. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9. In the event that any pa rty to this Agreement brings an action to interpret or enforce its rights under this Agreement, the prevailing party in such action shall be entitled to recover its costs and reasonable attorneys' fees as awarded by the court in such action.

10. This Agreement may be signed by different parties here to in counterparts with the same effect as if the sign atures to each coun terpart were upon a si ngle instrument. All counterparts shall be deemed an original of this Agreement.

[The remainder of this page is intentionally left blank.] 403

Subord. Agrmt. Page 7 of 11
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Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

NOTICE: THIS SUBORDIN ATION AGREEMENT CONTAI NS A PROVISION WHICH

ALLOWS THE PERSON (OR ENTITY) OBLIGATED ON YOUR REAL PROPERTY

SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above and agree to be bound hereby:

J U N I O R L I E N H O L D E R :

The City of Oxnard,
a municipal corporation

BY: ___________________________

NAME: ________________________

ITS: ___________________________

APPROVED AS TO FORM:

BY:

NAME:

ITS:

[Signatures must be acknowledged.]

[Signature continues on Page 8 of this Subordination Agreement. The remainder of this page is intentionally left blank.]
404

Subord. Agrmt. Page 8 of 11
(NOFA– 01/30/15)
Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

BORROWER:

Cypress Place at Garden City, L.P.,
a California limited partnership

By: Cypress Place at Garden City LLC,
a California limited liability company
Its: General Partner

By: People’s Self-Hel p Housing Corporation,
a California nonprofit public benefit corporation
Its: Sole Member/Manager

By: ________________________________
Kenneth Trigueiro
Chief Executive Officer and President

[Signatures must be acknowledged.]

[Signature continues on Page 9 of this Subordination Agreement. The remainder of this page is intentionally left blank.]

405

Subord. Agrmt. Page 9 of 11
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Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

SENIOR LENDER:

The Department of Housing and
Community Development, a public
agency of the State of California

B y :

Neel Chand, Closing Manager

[Signatures must be acknowledged.]

[The remainder of this page is intentionally left blank.]

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Subord. Agrmt. Page 10 of 11
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Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

THOSE PORTIONS OF LOT 12 AND LOT 13, AS SAID LOTS ARE DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF GARDEN CITY ACRES BEING THE SUBDIVISION OF LOT A AND A PORTION OF LOTS C AND D OF SUBDIVISION 83, RANCHO EL RIO DE SANTA CLARA O' LA CO LONIA, VENTURA COUN TY, CAL.”, IN THE

COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY IN BOOK 11, PAGES 104 AND 105 OF MISCELLANEOUS RECORDS (MAPS), DESCRIBED AS FOLLOWS:

THOSE PORTIONS OF PARCEL A AND PARCE L B AS DESCRIBED IN THE GRANT DEED RECORDED OCTOBER 15, 2020 AS INST RUMENT NO. 2020- 00170280 OFFICIAL

RECORDS OF SAID COUNTY, LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 12, SOUTH 0°02' EAST 98.00 FEET TO THE POINT OF BEGINNING; THENCE, LEAVING SAID WESTERLY LINE,

1ST - NORTH 89°59’58” EAST 87.51 FEET; THENCE,
2ND - SOUTH 0°00’02” EAST 74.18 FEET; THENCE,
3RD - NORTH 89°59’58” EAST 154.30 FEET; THENCE,
4TH - NORTH 48°57’44” EAST 37.15 FEET; THENCE,
5TH - NORTH 0°00’02” WEST 93.80 FEET; THENCE,
6TH - NORTH 89°59’58” EAST 120.90 FEET; THENCE,
7TH - NORTH 48°57’44” EAST 144.60 FEET; THENCE,
8TH - NORTH 0°01’00” WEST 99.38 FEET TO THE NORTHERLY LINE OF SAID PARCEL B.

SAID LAND IS SHOWN AS LOT 1 OF LOT LINE ADJUSTMENT OX-LLA-20-310-09, RECORDED MARCH 13, 2023 AS INSTRUMENT NO. 2023000018527 OFFICIAL RECORDS OF SAID COUNTY.

PARCEL 2:

A NON-EXCLUSIVE EASEMENT FOR PEDESTRI AN AND VEHICULAR INGRESS AND

EGRESS AND UTILITY PURPOSES AS SET FORTH IN THAT CERTAIN TEMPORARY

CONSTRUCTION STAGING, ACCESS A ND SITE WORK EAS EMENT AGREEMENT 407

Subord. Agrmt. Page 11 of 11
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Rev: 11/08/2018
Prep: 5/25/2023 (City of Oxnard Loans)
Dev: Cypress Place at Garden City
Loan No.: 20-FWHG-16363 & 22-ACC-17560

RECORDED MARCH 31, 2023 AS IN STRUMENT NO. 2023000023526 OFFICIAL RECORDS, IN THE OFFICE OF THE CO UNTY RECORDER OF SAI D COUNTY. SUBJECT TO THE TERMS AND PROVISIONS CONTAINED THEREIN.

APN: 223-0-041-020;
APN: 223-0-090-015

408
Subordination Agreement with Peoples’ Self
Help Housing and the California Department
of Housing and Community Development
for Cypress Place at Garden City Phase I
Emilio Ramirez, Director
Housing Department
City Council
December 19, 2023
409
PEOPLE’S SELF-HELP HOUSING 2

1. Peoples’ Self-Help Housing is a non-profit housing organization that works to provide affordable rental and for sale housing to low-income households.

2. For the past fifty-two years Peoples’ Self-Help Housing has been one of the leading nonprofit housing developers in San Luis Obispo, Santa Barbara, Monterey and Ventura counties.
410
CYPRESS PLACE AT GARDEN CITY 3
411

PROJECT FINANCING

1. Peoples’ Self-Help Housing successfully obtained the funding necessary to develop Phase I, which has a development budget of $66,134,167

2. The primary funding sources came from the California Department of Housing and Community Development which will provide a $36,287,635 forgivable equity loan under the new Housing Accelerator Program and an $8,180,344 loan under the Joe Serna Farmworker Housing Program

3. Peoples’ Self-Help Housing also plans to take out a $13,000,000 permanent loan

4. While the majority of the funding needed to complete the development, a financial gap still existed

5. In February of 2023, City Council authorized loaning Peoples’ Self-Help Housing $1,600,00 in HOME funds and $1,500,000 in Community Development Block Grant to close the gap and make the projects financially viable
4 412

SUBORDINATION REQUEST

1. In March of 2023, Peoples’ Self-Help Housing
closed on their construction loan financing

2. As part of the construction loan closing, the
required City loan and regulatory agreements
were executed and recorded

3. During the closing, HCD made Peoples’ Self-
Help Housing and the City aware that they would
not be ready to close on their portion of the
financing. Although HCD’s was not ready, PSHH
was able to close and begin construction.

4. HCD is currently finalizing their loan documents
with Peoples’ Self-Help Housing and in that
process, they’ve requested that the City
subordinate its regulatory agreements
5 413

SUBORDINATION REQUEST CONTINUED

1. HCD Regulations expressly prohibits HCD’s Regulatory Agreement and Deed of Trust from subordinating to a lien of a local government entity

2. The City’s AAHOP and Density Bonus Regulatory Agreements, meet HCD’s definition of a “lien of a local government agency.” and the City’s financial assistance and affordable housing portfolio do not meet the thresholds that would allow HCD to subordinate to the City

3. Placing HCD’s Regulatory Agreements in a senior position does not negatively impact the project nor the City’s position in anyway. On the contrary, it strengthens the projects affordability by placing HCD’s more restrictive regulatory agreement in a senior position

4. HCD is allowing the City Regulatory Agreements to remain superior to HCD’s Deed of Trust, thereby preventing the City Regulatory Agreements from being wiped out in the event of HCD’s foreclosure
6 414

RECOMMENDATION
That the City Council authorize the Housing Director to execute a Subordination Agreement, and any and all related documents thereto, with Peoples’ Self Help Housing and the California Department of Housing and Community Development for Cypress Place at Garden City.
7 415
End of Presentation
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.4

DATE: December 19, 2023

TO: City Council

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

SUBJECT: The Selection of Option 2 for the Mandated California Air Resources Board Advanced Clean Fleets Regulations. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve "Option 2" as allowed under the Advanced Clean Fleets (ACF) Regulation which mandates local governments to undertake certain actions to implement Zero Emission Vehicles (ZEV) for their fleets beginning on January 1, 2024.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the December 12, 2023 Public Works and Transportation Committee. Staff is available to answer any questions.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/KxLWZI9Sv9U

BACKGROUND

The City’s on-road fleet is composed of approximately 260 medium duty trucks, service body trucks, dump trucks, refuse collection vehicles and other types. The California Air Resources Board (CARB) regulates emissions on these vehicles.

On April 28, 2023 CARB adopted and mandated the Advanced Clean Fleet (ACF) regulation. The ACF regulation is the latest development in CARB’s decades-long history of setting increasingly stringent emission standards for medium and heavy duty vehicles. The ACF regulation applies to vehicles with a gross vehicle weight rating greater than 8,500 lbs (“Target Vehicle”) and mandates the implementation of zero emission Vehicles (ZEV), which are composed of Electric Vehicles (EV), Battery Electric Vehicle (BEV), or Hydrogen Fuel-Cell Electric Vehicle (FCEV). As an example, a Target Vehicle would be one that is similar in size/weight to a Ford F250 pick-up truck and larger.

Fleets can apply for a ZEV purchase exemption, subject to the approval of CARB, if the vehicle is not available for purchase in a ZEV configuration. CARB will list configurations that are not available in ZEV’s and update the list periodically with expiration dates for the vehicle to be removed from the configuration list. The following vehicles, which are in the City’s Fleet, are currently on the configuration list on a temporary basis and available for a CARB approved exemption: Bucket truck, boom truck, dump truck, flatbed truck, stake bed truck, front-loader refuse compactor truck, side-loader refuse compactor truck, rear-loader refuse compactor truck, refuse roll-off truck, service body truck, street sweeper, tank truck, water truck, crane truck, and vacuum truck. It should be noted that this list will be updated routinely by CARB once the industry produces ZEV’s for these types of vehicles. Automatic exempt vehicles are those emergency response vehicles as specified in the California Vehicle Code 165, such as Target Vehicles like fire apparatus, mobile command post, and police armored rescue vehicles. The requirements and exemptions are not crystal clear and therefore staff will continue to work with CARB to understand if there are exemptions for a percentage of Water and Wastewater vehicles.

Advanced Clean Fleets Regulations compliance for local government fleets includes two qualifying options:
417

1. Option 1 (default option), beginning January 1, 2024, 50 percent of annual Target Vehicle purchases are to be ZEV’s, and beginning January 1, 2027, that 100 percent of Target Vehicle purchases are to be ZEV’s.

2. Option 2, local government fleets may choose ZEV Milestones Option. Fleets may elect to meet ZEV targets as a percentage of the total fleet starting with vehicle types that are most suitable for electrification. The schedule is laid out in Table 1. This option allows the addition of new internal combustion engines (ICE) vehicles model year 2024 or newer as long as the fleet is meeting the percent target rates listed below.

Table 1: ZEV Fleet Milestones by Milestone Group and Compliance Year Percentage of vehicles that must
be
zero-emission
10% 25% 50% 75% 100%
Milestone Group 1: Box trucks,
vans, buses with two axles, yard
tractors, light-duty package
delivery vehicles (the City has
approximately 150 of these
vehicles in the Fleet)
2025 2028 2031 2033 2035 and beyond
Milestone Group 2: Work trucks,
day cab tractors, buses with three
axles (the City has approximately
103 of these vehicles in the Fleet)
2027 2030 2033 2036 2039 and beyond
Milestone Group 3: Sleeper cab
tractors and specialty vehicles (the
City has approximately 7 of these
vehicles in the Fleet)
2030 2033 2036 2039 2042 and beyond

CARB will monitor and enforce compliance. CARB’s enforcement program is designed to deter noncompliance and to ensure regulated industries that have not met CARB’s regulatory requirements are brought into compliance. There are three types of legal processes that CARB uses to resolve noncompliance violations: civil, administrative, and criminal. As part of the civil process, CARB can obtain a court order or injunction to stop ongoing violations. Administrative penalties can be up to $25,000 per day and cumulative up to $300,000 per violation. CARB may identify potential criminal violations. In those instances, the case may be referred to the Attorney General, a District Attorney, or other prosecutors for criminal prosecution.

DISCUSSION

ZEV Charging Stations

As of today, the City has one single-port shared-use City-owned electric vehicle charging station at the downtown parking structure. There are two other City-owned charging stations in the long-term parking lot at the Oxnard Transit Center. The location of these stations is not ideal for charging City-owned fleet vehicles. There are no other City-owned electric vehicle charging stations within the city. Staff is not aware of any private company managed/owned hydrogen charging stations within the City. The City does not currently own/operate hydrogen charging stations. It should be noted that Gold Coast Transit is working on the installation of a hydrogen charging station at their facility in north Oxnard.

Staff’s current understanding is that this charging station is specific for the use of Gold Coast. Staff has initiated contact with Gold Coast about the use of their charging stations for City Vehicles. Staff will continue those conversations with the desire to have access to Gold Coast’s charging stations.

SCE’s Charge Ready Transport (CRT) Program
418

Recently, staff has been in communication with Southern California Edison (SCE) in regards to the SCE Charge Ready Transport program. SCE’s Charge Ready Transport (CRT) Program offers low- to no-cost electrical system upgrades to support the installation of electric vehicle (EV) charging equipment for qualifying vehicles. This program provides a unique opportunity for fleet operators choosing to acquire electric vehicles by providing support and reducing the costs with installing the necessary charging equipment.

When a customer is approved to participate in the program, SCE will design, construct, and install the necessary infrastructure on both the utility-side and customer-side of the electric meter. If the customer prefers, they can perform the customer-side of the meter electrical work and may receive a rebate. Additional rebates are available to eligible companies within disadvantaged communities.

For the CRT Program, SCE will:
• Perform on-site visits to evaluate the site's electrical infrastructure needs. • Develop utility-side and customer-side of the meter cost estimates. • Design, secure permit, project manage and install the necessary infrastructure. Participants will have the option to instead perform the necessary work on their side of the meter and receive a make-ready rebate. • Install a separate meter dedicated to the EV charging infrastructure and waive customer demand charges through 2024 with our commercial EV rates.
• Make final inspections once the charging equipment is installed.

Customer requirements for the SCE CRT Program, which would require an agreement between SCE and the City include:
• Lease or purchase at least two medium or heavy-duty battery powered EVs or convert at least two fossil-fuel vehicles to electric within 18 months of installation.
• Select, purchase and install SCE approved charging equipment in the quantity approved by SCE. • Keep the charging equipment operational for at least ten years. • Provide data related to charging equipment usage for a minimum of five years (on-road vehicles only). • Grant easement to selected property in perpetuity may be required. • No other SCE programs can be used in the selected property for 10 yrs (i.e rule 29)

In addition to the SCE program, Public Works staff has been seeking grants that can fund infrastructure and charging stations. Recently a DOE Funds/EECBG awarded $224,240 for the City and will be utilized towards EV infrastructure or charging stations for a Pacific Yard project. Public Works will continue to seek available grant funding.

Staff will continue to evaluate and pursue the SCE CRT Program and will bring back any necessary recommendations for the City Council’s consideration (e.g. agreement).

Compliance with CARB ZEV

There are two options for Fleets to be in compliance with the State unfunded mandate for ZEV as noted in the Background section above. When taking into consideration the current exemption list and the existing and projected make-up of the City’s fleet, the amount of ZEV that the City would have to purchase would be in smaller increments over a longer period of time when calculated using Option 2. This would allow the capital cost to be spread over multiple years (i.e. Option 2 2025 to 2042) instead of 2024 to 2027 per Option 1. Also, it would allow more time for the City to evaluate the different ZEV (e.g. electric and hydrogen) and provide some additional time for infrastructure updates (e.g. charging stations). As such, it is recommended that the City choose the ZEV Fleet Milestone option (Option 2). This will allow the City to continue to add ICE vehicles to our fleet and ZEV Target Vehicles in a less aggressive timeline than the default option.

STRATEGIC PRIORITIES

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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

By selecting Option 2, the initial compliance dates are staggered and start at 10% compliance per milestone group; each group gives fleets approximately 10 years to reach the 100% compliance goal. This option is not as aggressive as Option 1 and will give fleets more time to comply. The costs for ZEVs are higher than ICE, and as such, Option 2 is anticipated to have less of an impact on future Fleet purchases. The budget for vehicle purchases will be requested in future fiscal years and brought to Council at that time.

Alternatively, by selecting Option 1, there would be an immediate impact as 50% of purchases are mandated to be ZEV’s starting January 1, 2024 and ramp up to 100% on January 1, 2027. This option would not allow fleets to add ICE vehicles. In some cases ZEV’s are up to 50% higher in up front cost when compared to ICE vehicles. Staff does not recommend this Option.

COMMITTEE OUTCOME

As of the date of this City Council agenda being posted, there is not yet an outcome from the December 12, 2023 Public Works and Transportation Committee. Staff is available to answer any questions.

Prepared by: Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. ACF Final Regulation Order for State and Local Government Fleets

2. Presentation

420
Appendix A-1
Final Regulation Order
Advanced Clean Fleets Regulation
State and Local Government Agency Fleet Requirements
[Note: The entire text of sections 2013 through 2013.4 set forth below is new language in “normal type” proposed to be added to title 13, California Code of Regulations.]
421
A-1-2
Chapter 1 Motor Vehicle Pollution Control Devices
Section 2013. State and Local Government Agency Fleet Applicability, Definitions, and General Requirements
Section 2013.1 State and Local Government Agency Fleet Exemptions Section 2013.2 State and Local Government Agency Fleet Reporting Section 2013.3 State and Local Government Agency Fleet Recordkeeping Section 2013.4 State and Local Government Agency Fleet Enforcement 422
A-1-3
Proposed Regulation Order
Title 13, California Code of Regulations
Adopt Chapter 1, Article 3.2, Section 2013 of title 13, California Code of Regulations, to read as follows:

Article 3.2. State and Local Government Agency Fleet Requirements § Section 2013. State and Local Government Fleet Applicability, Definitions, and General Requirements.
(a) Scope and Applicability
(1) Fleet Applicability. Except as provided in the exemptions specified in section 2013(c) and 2013(e), this article applies to any state or local government agency with jurisdiction in California that owns, leases, or operates one or more vehicles specified in section 2013(a)(2) in California as described in the vehicle scope specified in section 2013(a)(2) on or after January 1, 2024. This article does not apply to federal fleets subject to title 13, California Code of Regulations (CCR), section 2015. (2) Vehicle Scope. Except as provided in the exemptions specified in section 2013(c), vehicles subject to this article are vehicles that have a gross vehicle weight rating (GVWR) greater than 8,500 lbs. that are operated in California.
(3) Hiring Entities. The requirements specified in section 2013(j) apply to any motor carrier, broker, governmental agency, person, or entity that hires and operates or hires and directs the operation of vehicles in California that are subject to this article.
(b) Definitions. For the purposes of this article, the following definitions apply:
“Authorized dealer” means an independent sales, service, or repair facility that is recognized by a motor vehicle manufacturer as a sales representative or is both authorized by a motor vehicle manufacturer to perform repairs on vehicles and is in fact capable of performing repairs needed to maintain vehicles to factory specifications, including performing warranty repair work.
“Backup vehicle” means a vehicle, excluding yard tractors, that is operated infrequently as specified in section 2013.1(a). 423
A-1-4
“Battery-electric vehicle” or “BEV” has the same definition as “Electric Vehicle” in Title 40, Code of Federal Regulations (CFR), section 1037.801, last amended by the United States Environmental Protection Agency (U.S. EPA) on June 17, 2013, incorporated by reference herein. “Box truck” means a single-unit vehicle with a fully or partially enclosed space with a roof and at least three sides designed for transporting cargo or payload, excluding the driver and passengers. Examples include vehicles commonly referred to as step vans, refrigerated vans, dry vans, chipper trucks, and box reefer trucks.
“Broker” means any person who, as a principal or agent, sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport. “Bus” means any vehicle designed, used, or maintained for carrying more than ten persons, including the driver, and configured with seats for the primary purpose of transporting persons including the driver. “California fleet” means the subset of vehicles in the total fleet operated in California by a fleet owner during a calendar year.
“CARB” means the California Air Resources Board.
“Configuration” means the primary intended function for which a complete vehicle is designed, or as determined by the body permanently attached to the chassis of an incomplete vehicle. Examples of configurations include bucket trucks, box trucks, concrete pump trucks, dump trucks, digger derricks, drill rigs, stake bed trucks, flatbed trucks, and tow trucks. The configuration does not include any auxiliary equipment or secondary uses of equipment added to or carried on the vehicle body. Examples of truck-mounted equipment include welding equipment, lift gates, portable tanks, generators, storage cabinets, and winches.
“Declared emergency event” means the time period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during any of the conditions or degrees of emergency described in California Government Code, section 8558.
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A-1-5
“Dedicated snow removal vehicle” means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger and is operated exclusively to remove snow from public roads, private roads, or other paths to allow on-road vehicle access.
“Designated low population counties” means the counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tuolumne, and Yuba. “Dispatch” means to provide direction or instruction for routing a vehicle, whether owned or under contract, to specified destinations for specific purposes, including delivering cargo, passengers, property or goods, or providing a service.
“Emergency operation” means operation of an emergency support vehicle to help alleviate an immediate threat to public health or safety in response to a declared emergency event. Emergency operation includes emergency support vehicle travel to and from a declared emergency event when dispatched by a local, state, federal, or other responsible emergency management agency. Routine operation to prevent public health risks does not constitute emergency operation.
“Emergency support vehicle” means a vehicle other than an authorized emergency vehicle as defined in California Vehicle Code (CVC) section 165 that has been dispatched by a local, state, federal, or other responsible emergency management agency that is used to provide transport services or supplies in connection with an emergency operation.
“Energy storage system” means a system that is designed to store energy on a ZEV or NZEV, such as the battery pack or hydrogen storage tank.
“Executive Officer” means the Executive Officer of the California Air Resources Board or their delegated representative.
“Federal fleet” means vehicles owned by a department, agency, or instrumentality of the federal government of the United States of America and its departments, divisions, public corporations, or public agencies that operate in California. With respect to the Department of Defense and its service branches, federal fleets may be managed regionally, locally, or a combination of regional and local management. 425
A-1-6
There may be multiple federal fleets within a branch of military service or an installation.
“Fleet” or “total fleet” means one or more vehicles owned by a fleet owner. It also includes rental or leased vehicles that are considered owned by the “fleet owner” as defined in section 2013(b). “Fleet owner” means the person or entity who owns the vehicles comprising the fleet. The owner shall be presumed to be either the person or entity registered with the California Department of Motor Vehicles (DMV) as the owner or lessee of a vehicle, or its equivalent in another state, province, or country; vehicle ownership is based on the vehicle registration document or the vehicle title, except as specified below:
(A) For vehicles that are rented or leased from a business that is regularly engaged in the trade or business of renting or leasing motor vehicles without drivers, including truck leases that are part of a bundled service agreement, the owner shall be presumed to be the rental or leasing entity for purposes of compliance, unless the rental or lease agreement for the vehicle is for a period of one year or longer and the terms of the rental or lease agreement identifies the renting operator or lessee of the vehicle as the party responsible for compliance with state laws.
(B) A financing company or a person who only provides financing to a third party in the form of “finance leases,” as defined in California Uniform Commercial Code section 10103(a)(7), is not considered to own the vehicles that are financed. Similarly, a financing company or a person who only provides financing to a third party for converting a vehicle to a ZEV is not considered to be the owner of the vehicle.
“Gross vehicle weight rating” or “GVWR” means the same as CVC section 350, as indicated by the characters in the four through eight positions in a standard 17-character Vehicle Identification Number (VIN). “Historical vehicle” means a vehicle that meets the qualifications for a historical vehicle and has been issued a historical vehicle license plate pursuant to CVC section 5004 and is operated or moved over the highway primarily for the purpose of historical exhibition or other historic vehicle club activities.
426
A-1-7
“Hubodometer” means a non-resettable device mounted on the axle of a vehicle that measures distance traveled that has a serial number and a lock-out feature that permanently prevents tampering.
“Hydrogen fuel-cell electric vehicle” or “FCEV” means a vehicle with an electric motor where energy for the motor is supplied by an electrochemical cell that produces electricity via the non-combustion reaction of hydrogen.
"Intermittent snow removal vehicle” means a vehicle that is equipped with a snow plow or snow blower mounting attachment and a control system for the plow or blower.
“Internal combustion engine vehicle” or “ICE vehicle” means a vehicle with a powertrain that includes an internal combustion engine that is powered by gasoline, diesel, natural gas, propane, or other fuel where the sole source of power is from the combustion of the on-board fuel to provide motive power.
“Lessee” has the same meaning as defined in CVC section 371. “Manufacturer” means any entity or person who manufactures or assembles new yard tractors or on-road motor vehicles, or imports such yard tractors or on-road motor vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of yard tractors or new motor vehicles, but shall not include any dealer with respect to yard tractors or new motor vehicles received in commerce. In general, the term “manufacturer” includes any entity or person who manufactures or assembles an on-road vehicle, a yard tractor, a cab and chassis, or other incomplete on-road vehicle for sale in California, or otherwise introduces a yard tractor or new on-road motor vehicle into commerce in California. “Manufacturer” also includes any intermediate- or final-stage manufacturer who completes vehicle assembly prior to first purchase of the vehicle other than for resale. “Manufacturer” does not include entities or persons who supply parts to the importer or vehicle manufacturer of record.
“Mobile ZEV fueling provider” means an entity that provides the service of, or is engaged in the sale, rental, or lease of equipment for the purpose of, delivering hydrogen fuel or electricity directly from a mobile vehicle or portable equipment into another vehicle’s fuel tank or battery for other than the dispenser’s own consumption.
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“Model year” means the production period as assigned by the manufacturer when certifying an engine or vehicle for sale, pursuant to title 17, CCR, section 95662(a)(16).
“Motor carrier” means the same as defined in CVC section 408. “Motor vehicle” means the same as defined in CVC section 415. “Near-zero-emissions vehicle” or “NZEV” means a vehicle as defined in title 13, CCR, section 1963(c)(16) that is capable of operating like a ZEV using electricity stored on-board the vehicle for a minimum number of miles, or “all-electric range”, as specified and tested in accordance with section 1037.150p(2)(ii) of “California Greenhouse Gas Exhaust Emission Standards and Test Procedures for 2014 and Subsequent Model Heavy-Duty Vehicles,” as last amended September 9, 2021, which is incorporated by reference herein.
“New vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser. “Notice to proceed” means a written direction to a vehicle manufacturer or entity that converts vehicles to ZEVs to commence production or conversion of a vehicle as provided in a contract.
“Pickup truck” means a vehicle originally manufactured as a complete vehicle with an open box-type bed that meets the definition set forth in CVC section 471. A “pickup truck” with a removable bed cover or camper shell installed is considered a “pickup truck” for the purpose of this article.
“Rated energy capacity” means the amount of electrical energy, in watt- hours (Wh), that can be extracted from a fully charged energy storage system, based on or derived from the results of testing or analysis procedures specified in section D., “California Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty Zero- Emission Powertrains,” adopted June 27, 2019, which is incorporated by reference herein. The rated energy capacity includes the electrical energy of the battery pack that is not accessible due to a manufacturer- programmed decrease in energy capacity for battery pack protection. “Removed from the California fleet” means a fleet owner no longer operates a vehicle in California on or after the date the vehicle meets one of the following conditions:
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(A) Is destroyed or scrapped; or
(B) Is sold out of the fleet or transferred out-of-state. “Responsible official” means either a principal executive officer, ranking elected official, or delegated representative of the State or local government agency.
“SAE J1667” means SAE Recommended Practice SAE J1667 “Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles,” as issued February 1996, which is incorporated herein by reference. “Smoke opacity test” means a test of a vehicle's emissions for smoke opacity level conducted using the procedures specified in “Society of Automotive Engineers (SAE) J1667 Recommended Practice
Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles”.
“Standard rounding convention” means if the calculated value is not equal to a whole number, the value shall round up to the nearest whole number when the fractional part is equal to or greater than 0.5, and round down to the nearest whole number if the fractional part is less than 0.5.
“State or local government agency” means a city, county, public utility, special district, local agency or district, and any department, division, public corporation, or public agency of the State of California. “Tractor” means an on-road vehicle meeting one of the following:
(A) The definition of “tractor” in title 17, CCR, section 95662(a)(23); or (B) The definition of “vocational tractor” in title 17, CCR, section 95662(a)(27).
“Two-engine vehicle” means a specially constructed on-road mobile vehicle that was designed by the original equipment manufacturer to be equipped with two engines: one engine provides the primary source of motive power of the vehicle while the other engine is an auxiliary engine with 50 brake horsepower or greater that is permanently attached and integrated into the original design of the vehicle to perform a specific function, which may include providing auxiliary power to attachments, performing special job functions, or providing additional motive power. If 429
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a vehicle was originally designed with the capability to have an auxiliary engine installed, but the auxiliary engine was installed by a person or entity other than the original equipment manufacturer, the vehicle still qualifies as a two-engine vehicle. Two-engine street sweepers are not included in this definition.
“Van” means a single unit vehicle configured with seats to transport passengers or with an enclosed space for the primary purpose of transporting cargo and equipment.
“Vehicle” means either a device as defined in CVC section 670, or is a yard tractor that is not intended for use on highways.
“Vehicle awaiting sale” means a vehicle in the possession of a dealer, financing company, a private party, or other entity that does not intend to operate the vehicle in California or offer the vehicle for hire for operation in California, and it is operated only to demonstrate functionality to potential buyers, to move short distances to make repairs, or for maintenance or storage. It also includes new vehicles when driven to be delivered to the fleet owner.
“Vehicle Identification Number” or “VIN” means an alphanumeric code that has been permanently assigned by the manufacturer to a vehicle. “Vehicle purchase” or “purchase” means an action wherein a fleet owner has placed an order to acquire the legal or equitable title to a vehicle or to convert a vehicle to a ZEV; or entered into a lease agreement with a contract term of one year or more. The action taken must be for immediate delivery or installation and the purchaser must have already paid for or entered into a binding agreement with an authorized dealer, entity who converts vehicles to ZEVs, third party, or manufacturer to pay for the vehicle or conversion. A vehicle purchase does not include renewing a lease agreement for a vehicle already in the California fleet. A vehicle purchase includes when the fleet owner has executed any one of the following:
(A) Identified, committed, and encumbered funds and executed a written notice to proceed to a manufacturer, authorized dealer, or entity who converts vehicles to ZEVs to begin production of the vehicle either:

1. Under a previously entered purchase contract; or

2. To execute a contract option.
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(B) A written purchase agreement between a fleet owner and the manufacturer, authorized dealer, or entity who converts vehicles to ZEVs that specifies the date when the work to manufacture or convert the vehicle is to proceed;
(C) A written purchase agreement between a fleet owner and another party for the purchase and immediate delivery of a used vehicle; or
(D) A signed, written lease agreement between a fleet owner and the manufacturer or authorized dealer for a new vehicle to be placed in service in the California fleet for a contract term of one year or more.
“Weight class” means the category of a vehicle’s GVWR as specified below:
(A) “Light-duty” means a vehicle with a GVWR less than or equal to 8,500 lbs.
(B) “Class 2b” means a vehicle with a GVWR greater than 8,500 lbs. and less than or equal to 10,000 lbs.
(C) “Class 3” means a vehicle with a GVWR greater than 10,000 lbs. and less than or equal to 14,000 lbs.
(D) “Class 4” means a vehicle with a GVWR greater than 14,000 lbs. and less than or equal to 16,000 lbs.
(E) “Class 5” means a vehicle with a GVWR greater than 16,000 lbs. and less than or equal to 19,500 lbs.
(F) “Class 6” means a vehicle with a GVWR greater than 19,500 lbs. and less than or equal to 26,000 lbs.
(G) “Class 7” means a vehicle with a GVWR greater than 26,000 lbs. and less than or equal to 33,000 lbs.
(H) “Class 8” means a vehicle with a GVWR greater than 33,000 lbs. “Yard tractor” means a vehicle that has a movable fifth wheel that can be elevated and is used in moving and spotting trailers and containers at a location or facility. Yard tractors are also commonly known as yard goats, hostlers, yard dogs, trailer spotters, or jockeys.
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“Zero-emissions powertrain” has the same definition as title 13, CCR, section 1956.8(j)(27).
“Zero-emissions vehicle” or “ZEV” means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
“ZEV fueling infrastructure” means a fueling system that provides the appropriate fuel type to power a ZEV (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser). (c) Exemptions. The following vehicles are exempt from the requirements specified in sections 2013 through 2013.4:
(1) School buses as defined in CVC section 545(a);
(2) Military tactical vehicles as described in title 13, CCR, section 1905; (3) Vehicles awaiting sale;
(4) Emergency vehicles as defined in CVC section 165;
(5) Historical vehicles;
(6) Dedicated snow removal vehicles;
(7) Two-engine vehicles;
(8) Heavy cranes as defined in title 13, CCR, section 2021(b)(16); (9) Transit vehicles subject to the Innovative Clean Transit regulations commencing with title 13, CCR, section 2023; and
(10) Vehicles that are subject to the Zero-Emission Airport Shuttle regulations of title 17, CCR, sections 95690.1, 95690.2, 95690.3, 95690.4, 95690.5, 95690.6, 95690.7, and 95690.8.
(d) General Requirements. Beginning January 1, 2024, fleet owners must comply with the schedules specified in subsections (1) or (2) below. The fleet owner may alternately elect to comply with the ZEV Milestones Option commencing with title 13, CCR, section 2015.2 as described in section 2013(e). Renewing a vehicle lease for a vehicle that is already in the California fleet shall not be considered as a vehicle purchase for the California fleet. 432
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(1) Except as specified in section 2013(d)(2), fleet owners must purchase ZEVs, or NZEVs as specified in section 2013(f), for their California fleet in accordance with the following schedule:
(A) Starting January 1, 2024, 50 percent of the total number of vehicle purchases for the California fleet in each calendar year must be ZEVs; and
(B) Starting January 1, 2027, 100 percent of the total number of vehicle purchases for the California fleet in each calendar year must be ZEVs.
(2) A State or local government agency that meets any one of the following criteria must meet the requirements specified in section 2013(d)(1)(B) and are not subject to the requirements specified in section 2013(d)(1)(A): its jurisdiction is solely in a designated low population county; it owns, leases, or operates ten or fewer vehicles in the California fleet, as specified in section 2013(k); or its jurisdiction or service area is split between a designated low population county and a non-designated county and at least 90 percent of the service area in square miles is in the designated low population county.
(e) ZEV Milestones Option Flexibility. Until January 1, 2030, in lieu of complying with the requirements of sections 2013, 2013.1, 2013.2, 2013.3, and 2013.4, fleet owners may instead elect to permanently comply with the ZEV Milestones Option of title 13, CCR, section 2015.2. If choosing to use this option, fleet owners must comply with all of the requirements otherwise applicable to federal government fleets specified in title 13, CCR, sections 2015, 2015.2, 2015.3, 2015.4, 2015.5, and 2015.6. The fleet owner must also report their intention to use this option as specified in section 2013.2(c)(1)(I). After electing to use this option, fleet owners are no longer subject to and may not switch back to the State or local government fleet requirements specified in sections 2013, 2013.1, 2013.2, 2013.3, and 2013.4.
(f) NZEV Flexibility. 2035 and earlier model year NZEVs are counted the same as ZEVs for purposes of determining compliance with this article, except as specified in sections 2013.1(b) and 2013.1(d).
(g) Rounding. If the calculated required minimum number of ZEV purchases as set forth in section 2013(d) does not result in a whole number, then fleet owners must use the “standard rounding convention” as defined in section 2013(b). 433
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(h) ZEV Accounting. Each ZEV may be counted only once as long as the vehicle remains in the fleet to count towards compliance with the ZEV purchase requirement for a given calendar year.
(i) Early ZEV Purchases. ZEV purchases for the California fleet made before the deadlines or in excess of the amounts required in section 2013(d) count towards future ZEV purchase requirements as long as the ZEV is still active in the fleet.

Each early or excess ZEV purchase counts toward a future requirement only once per the accounting requirements in section 2013(h). (j) Requirement to Hire Compliant Fleets. Any hiring entity that is subject to this section as specified in section 2013(a)(3) must:
(1) Verification of Compliance. For each calendar year, verify that each fleet it hires or dispatches to operate in California is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet. Alternatively, for each calendar year that an entity hires a fleet to operate in California that is not listed on the CARB Advanced Clean Fleets webpage as a compliant fleet, it must obtain a signed statement from the fleet owner stating their fleet is not subject to the High Priority and Federal Fleets regulations in title 13, CCR, sections 2015 through 2015.6 and the State and Local Government Fleets regulations in title 13, CCR, sections 2013 through 2013.4.
(2) Disclosure of Regulation Applicability. Provide the following disclosure in writing to the hired fleet either in the hiring contract or agreement or as an addendum to the hiring contract or agreement: “Vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean- fleets.”
(3) Comply with the recordkeeping requirements specified in section 2013.3(g).
(k) Joint Compliance Option. Individual departments, divisions, districts, subsidiaries, or agencies under the same state or local government agency’s jurisdiction have the option to comply jointly instead of complying independently if the combined California fleet meets the requirements of this article. The California Department of General Services may comply jointly for all 434
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State agency fleets under its jurisdiction and must exclude vehicles in subdivisions that opt to comply separately. If such departments, divisions, districts, subsidiaries, or agencies elect to utilize this compliance option and then subsequently do not fully comply with the applicable requirements of section 2013(d), each of the participating entities must then demonstrate compliance with the requirements of section 2013(d) on an individual basis.

Fleet owners choosing to use this option must meet the reporting requirement specified in section 2013.2(d). Fleet owners may comply jointly even if one or more individual subdivisions opt into the ZEV Milestones Option as specified in section 2013(e).
(l) Order Cancellations. If a fleet owner cancels a notice to proceed, a purchase agreement, or a leasing contract for a ZEV at any time before the vehicle is delivered, the purchase will not count towards required ZEV purchases for the California fleet. If a vehicle manufacturer cancels a purchase agreement for ZEVs at any time before the vehicle is delivered for reasons beyond the control of the fleet owner, the fleet owner must secure another purchase agreement for ZEVs no later than one year after the cancellation. Fleet owners must submit a copy of the manufacturer cancellation notice within 30 calendar days of the cancellation and must submit the new ZEV purchase agreement within 30 calendar days of placing the order to [email protected] to maintain compliance. In the event there is no available ZEV of the needed configuration to purchase, the fleet owner may request the ZEV Purchase Exemption specified in section 2013.1(d).
(m) Compliance Date. Beginning January 1, 2024, annual compliance with the ZEV purchase requirements is determined on January 1 of each calendar year. (n) Exemptions and Extensions. Fleet owners complying with section 2013(d) may utilize the following exemptions and extensions if the specified criteria are met:
(1) Backup Vehicle Exemption. Fleet owners may purchase a new or used ICE vehicle and exclude it from the ZEV purchase requirement specified in section 2013(d) if the vehicle is designated as a backup vehicle as specified in section 2013.1(a).
(2) Daily Usage Exemption. Fleet owners may request an exemption from the ZEV purchase requirements of section 2013(d) to purchase a new ICE vehicle. Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2013.1(b) no earlier than when the model year of the ICE vehicle being replaced reaches 13 years old. 435
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(3) ZEV Infrastructure Delay Extension. Fleet owners may request a temporary extension to count an ICE vehicle being replaced as a ZEV purchase when determining compliance with the ZEV purchase requirements of section 2013(d). The fleet owner must request and obtain the extension pursuant to the criteria specified in section 2013.1(c) no earlier than when the model year of the ICE vehicle being replaced reaches 13 years old.
(4) ZEV Purchase Exemption. Fleet owners must use the exemption in section 2013.1(d)(1) or request the exemption in section 2013.1(d)(2) no earlier than when the model year of the ICE vehicle being replaced reaches 13 years old.
(A) ZEV Purchase Exemption List. Fleet owners shall receive an exemption from the ZEV purchase requirements specified in section 2013(d) to purchase a new ICE vehicle pursuant to the criteria specified in section 2013.1(d)(1).
(B) ZEV Purchase Exemption Application. Fleet owners may request and obtain an exemption from the ZEV purchase requirements specified in section 2013(d), pursuant to the criteria specified in section 2013.1(d)(2), to purchase a new ICE vehicle.
(5) Mutual Aid Assistance. Fleet owners may request an exemption from the ZEV purchase requirements specified in section 2013(d) to purchase new ICE vehicles. Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2013.1(e). ICE vehicles purchased pursuant to a granted exemption may operate as part of the regular California fleet and are not restricted solely to mutual aid functions.
(6) Intermittent Snow Removal Vehicles. Fleet owners shall receive an exemption from the ZEV purchase requirements specified in section 2013(d) until January 1, 2030, for intermittent snow removal vehicles.

Fleet owners may request the Executive Officer designate vehicles added to the California fleet prior to January 1, 2030, as intermittent snow removal vehicles pursuant to the criteria in section 2013.2(k). 436
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(7) Non-repairable Vehicles. Fleet owners that need to temporarily replace a vehicle due to an accident or other onetime event due to circumstances beyond the fleet owner’s control, such as fire or catastrophic failure, that damages both the engine and vehicle such that the vehicle is not repairable may request and obtain an exemption from the ZEV purchase requirements specified in section 2013(d). If approved, they may purchase a used ICE vehicle of the same configuration and with an engine with the same or newer model year as the non-repairable vehicle no later than 180 calendar days from the date the vehicle became non- repairable. Fleet owners must report the replacement vehicle within 30 calendar days of adding it to the California fleet as specified in section 2013.2 and keep records for both vehicles as specified in section 2013.3(k). To apply, fleet owners must submit the following information and documentation to [email protected] prior to adding the used vehicle to the California fleet:
(A) A copy of a police report, statement from the insurance company, or signed attestation from a fleet owner’s governing board indicating the vehicle is non-repairable;
(B) The VIN of the non-repairable vehicle;
(C) The following clear and legible digital photographs of the replacement used vehicle:

1. VIN/GVWR label (typically located on the driver side door or door jamb);

2. License plate with driver side of the vehicle visible;

3. Entire left side of the vehicle with doors closed showing the vehicle’s body configuration; and

4. Entire right side of the vehicle with doors closed showing the vehicle’s body configuration.
(o) Reporting and Recordkeeping Requirement. Beginning January 1, 2024, fleet owners must meet reporting requirements as specified in section 2013.2 and keep and provide records as specified in section 2013.3. (p) Vehicles Acquired with Incentive Funds. Beginning January 1, 2024, if a fleet owner receives California State-provided incentive funding for ZEVs or NZEVs and the funding program guidelines specify that any vehicles acquired with such funds cannot be used to determine compliance with the general requirements 437
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section of 2013(d), any vehicle acquired with such funds will not be counted as a compliant vehicle during the funding contract period. The fleet owner must meet the reporting requirements specified in section 2013.2(c)(2)(M). (q) Certificate of Reported Compliance and Compliant Fleet List. If the requirements specified in sections 2013 through 2013.4 are met and the required reporting is received to demonstrate compliance, the fleet owner will be provided with a Certificate of Reported Compliance. The CARB Advanced Clean Fleets webpage will list the CARB-issued ID number, motor carrier number if applicable, fleet name, and whether the fleet is recognized as a “ZEV Fleet” per title 13, CCR, section 2015(p) for compliant fleets that have received a Certificate of Reported Compliance. Fleets that do not comply will not be listed.
(r) Sales Disclosure of Regulation Applicability. Any person subject to this article selling a vehicle subject to this article must provide the following disclosure in writing to the purchaser on or with the bill of sale, sales contract addendum, or invoice: “A vehicle operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.” (s) ICE Vehicle Purchases. Any new ICE vehicle purchased for the California fleet on or after January 1, 2024, must be certified to the California emissions standards and emissions related requirements applicable to that vehicle. Any used ICE vehicle purchased must have a 2010 or newer model year engine. (t) Transit Agency Exemption. Transit agencies subject to the Innovative Clean Transit regulations commencing with title 13, CCR, section 2023 are not subject to any section of this article until January 1, 2030.

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.

Adopt Section 2013.1 of title 13, California Code of Regulations, to read as follows:
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§ Section 2013.1. State and Local Government Fleet Exemptions.

Fleet owners may request the following exemptions or extensions if their California fleets comply with all applicable requirements. Fleet owners requesting or utilizing any exemptions or extensions must meet applicable reporting and recordkeeping requirements for each exemption or extension as specified in sections 2013.2 and 2013.3. Any exemptions or extensions granted to a fleet owner are not transferrable to another fleet owner. The Executive Officer will respond to exemption or extension requests as specified in section 2013.2(i).
(a) Backup Vehicle Exemption. Fleet owners may designate vehicles as backup vehicles during the March reporting period as specified in section 2013.2(b) and renew such designations annually only if the criteria in (1) and (2) below are satisfied:
(1) The vehicle is operated less than 1,000 miles per year excluding any mileage travelled while performing emergency operations in support of a declared emergency event; and
(2) The fleet owner must report the vehicle as a backup vehicle and must submit odometer readings as specified in section 2013.2(f). (3) Backup vehicles that no longer meet the criteria specified in (1) and (2) above cannot be operated in California and must be removed from the California fleet if the fleet is out of compliance with section 2013(d). (b) Daily Usage Exemption. Fleet owners may request an exemption as specified in section 2013(n)(2) to purchase a new ICE vehicle of the same configuration as an ICE vehicle being replaced as specified in section 2013.1(b)(1) if no new BEV is available to purchase that can meet the demonstrated daily usage needs of any existing vehicles of the same configuration in the fleet, as determined by the criteria specified in section 2013.1(b)(2) through (5). If approved, fleet owners must place their new ICE vehicle orders within one year from the date the exemption is granted. Fleet owners may request this exemption only if at least ten percent of their California fleet is comprised of ZEVs or NZEVs. The Executive Officer will not approve exemption requests for a vehicle configuration that is available to purchase as: an NZEV; an FCEV; a Class 7 or 8 BEV tractor or BEV three-axle bus with a rated energy capacity of at least 1,000 kilowatt-hours; a Class 4 through 6 BEV with a rated energy capacity of at least 325 kilowatt-hours; or a Class 7 or 8 BEV that is not a tractor or three-axle bus with a rated energy capacity of at least 450 kilowatt-hours. The fleet owner must submit the following information by email to [email protected] to apply:
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(1) Submit the make, model, weight class, configuration, and a photograph of the ICE vehicle to be replaced.
(2) Identify the BEV that is available to purchase in the same weight class and configuration with the highest rated energy capacity available.

Submit the make, model, weight class, configuration, and rated energy capacity of the identified BEV.
(3) Calculate the range of the vehicle identified in section 2013.1(b)(2) in miles by dividing the rated energy capacity of the identified BEV by the following factors: for Class 2b through 3 vehicles, 0.6 kilowatt-hours per mile; for Class 4 through 6 vehicles, 1.3 kilowatt-hours per mile; for Class 7 and 8 vehicles that are not tractors, 1.8 kilowatt-hours per mile; for Class 7 and 8 tractors, 2.1 kilowatt-hours per mile. For vehicles that operate truck-mounted or integrated equipment while stationary, in lieu of calculating the needed rated energy capacity based on vehicle miles travelled, the needed rated energy capacity is the same as the measured BEV energy use specified in section 2013.1(b)(3)(A). Submit the calculation and results.
(A) In lieu of calculating range as specified in section 2013.1(b)(3), fleet owners may instead submit measured BEV energy use data from BEVs of the same configuration already operated on similar daily assignments to substantiate their exemption request.

Information must include vehicle loading and weight data, route grade, average ambient daily temperature, vehicle miles travelled per day, energy used to drive, and state of charge at the beginning and end of the daily shift to show typical daily energy usage for the BEV, over five consecutive business days. For vehicles that operate truck-mounted or integrated equipment while stationary, the information must also include the energy used while stationary and number of hours such truck-mounted or integrated equipment is operated each day.
(4) Submit a daily usage report for a period of at least 30 consecutive workdays from within the last 12 months using telemetry data or other data collection system that tracks daily mileage and energy use, and hours of vehicle operation if applicable, for all ICE vehicles of the same weight class and configuration of the vehicle to be replaced. Fleet owners that have a mutual aid agreement to send vehicles to assist other entities during a declared emergency event may alternatively submit this report from within the last 60 months. The report must include the daily miles traveled and energy used to drive for each ICE vehicle of the same 440
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weight class and configuration of the vehicle to be replaced. Identify the lowest mileage reading for each day and exclude the three highest readings. For the exemption to be granted, the highest remaining mileage or energy use number must be greater than the range calculated in 2013.1(b)(3) or the energy use data submitted per section 2013.1(b)(3)(A).
(A) For vehicles that operate truck-mounted or integrated equipment while stationary, the daily usage report must include the energy used while stationary and number of hours such truck-mounted or integrated equipment is operated each day, for at least 30 consecutive workdays from within the last 12 months.
(5) Submit a description of the daily assignments or routes used by existing vehicle configurations with an explanation of why all BEVs available to purchase of the same weight class and configuration cannot be charged or fueled during the workday at the depot, within one mile of the routes, or where ZEV fueling infrastructure is available. The explanation must include a description of why charging could not be managed during driver rest periods or breaks during the workday.
(6) In granting or denying the exemption request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria specified in section 2013.1(b).
(c) ZEV Infrastructure Delay Extension. Fleet owners may request the following extensions as specified in section 2013(n)(3) if they experience delays due to circumstances beyond their control on a project to install ZEV fueling infrastructure. Fleet owners may only request the following extensions for ICE vehicles being replaced at the site experiencing the delay. These extensions also apply for locations where the fleet owner has entered into a contract of one year or longer to charge or fuel their ZEVs at a single location prior to beginning the infrastructure project. The fleet owner must request the following extensions at least 45 calendar days prior to the next applicable compliance date for CARB to consider the request.
(1) ZEV Infrastructure Construction Delays. Fleet owners may request this extension if they experience a construction delay due to circumstances beyond their control. The Executive Officer will grant an extension for up to two years, beginning on the applicable compliance date for the number of vehicles that qualify for the extension, per project, if they determine the fleet owner meets the criteria specified below. The fleet 441
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owner must submit the documents specified in subsections (A) through (D) below the following by email to [email protected] to apply:
(A) Documentation showing the executed contract for the ZEV fueling infrastructure installation including a construction permit indicating the permit issuance date is at least one year prior to the next applicable compliance deadline.
(B) Documentation showing the delay is a result of any of the following circumstances that occurred after the fleet owner obtained the construction permit identified in section
2013.1(c)(1)(A): change of a general contractor; delay in manufacture and shipment of ZEV fueling infrastructure
equipment; delays obtaining power from a utility; delays due to unexpected safety issues on the project; discovery of
archeological, historical, or tribal cultural resources described in the California Environmental Quality Act, Public Resources Code division 13, section 21000 et. seq.; or natural disasters. (C) A letter to CARB from the responsible official explaining the reason for the delay, why retail ZEV fueling infrastructure cannot be used, the estimated completion date of the project, and documentation supporting the reason for the delay from the licensed contractor performing the work, related utility, building department, or other organization involved in the project. (D) Documentation showing the executed ZEV purchase agreement. (E) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2013.1(c)(1). 442
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(2) ZEV Infrastructure Site Electrification Delays. Until January 1, 2030, fleet owners may request this extension if their electric utility provider determines it cannot provide the requested power to the site where ZEVs will be charged or refueled before the fleet’s next ZEV compliance deadline. The Executive Officer will grant an extension for the time- period specified in section 2013.1(c)(2)(A) and number of vehicles specified in section 2013.1(c)(2)(B) if they determine the fleet owner satisfies the criteria for this delay, based on the information submitted below and the exercise of their good engineering judgment. The fleet owner must meet the criteria specified in subsections (A) and (B) and submit the documentation or information specified in subsection (C) below by email to [email protected] to apply:
(A) Site Electrification Delay Time Period. Fleet owners may request an initial extension for a period of up to three years to align the estimated ZEV delivery date with the amount of time the utility determines it needs to supply the needed power to the site. Fleet owners can request an additional two-year extension if the utility still cannot supply the needed power by the end of any granted initial extension period. To renew the initial extension, a fleet owner must submit updated supporting documentation at least 45 calendar days prior to the expiration of the initial extension period.
(B) Number of Extensions. A fleet owner may request an extension for the number of ZEVs for which, based on information submitted in section 2013.1(c)(2)(C), the utility cannot supply sufficient power.

The fleet owner must deploy the maximum number of ZEVs
needed to meet its compliance obligations and that can be supported by the utility, and must deploy any additional ZEVs that can be supported by utility upgrades to the site’s electrical capacity each calendar year during the delay until the project is complete to maintain the extension.
(C) The fleet owner must submit all of the following information by email to [email protected] to request this extension:

1. A copy of the application submitted to the utility requesting site electrification that is consistent with the number of ZEVs the fleet owner must deploy each calendar year to
meet their compliance requirements during the requested extension period.
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2. The utility’s response showing that the project will take longer than a year, and the executed utility contract. If a utility is unable or unwilling to execute a contract, a fleet owner must submit the initial contract or application
requesting site electrification to the utility, and a signed attestation from the utility stating they will proceed with the project.

3. Documentation indicating the reason for the delay, an estimated delivery date provided by the manufacturer for the ZEV replacing an ICE vehicle at the site, an estimate provided by the utility of the available electrical capacity the utility can supply to the site within one year of the extension request and for each year of the requested delay, in kilowatts, and estimated project completion date.

4. Information about the ZEV fueling infrastructure equipment that can be installed consistent with the utility’s capacity estimate and the associated number, configuration, and
weight class of the ZEVs that can be supported by such
equipment within one year of the extension request and for each year of the requested extension. The information must include:
a. The number, type, and rated capacity for chargers in kilowatts; or
b. For hydrogen stations, dispensing capacity in
kilograms per day and the electrical demand in
kilowatts.

5. Fleet owners with multiple sites where vehicles are
domiciled must submit a copy of each site’s infrastructure capacity evaluation from the utility or a third-party licensed professional electrical engineer with the information
required to be submitted in sections 2013.1(c)(2)(C)3. and

4..
(D) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2013.1(c)(2). 444
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(d) ZEV Purchase Exemptions. Fleet owners may request exemptions as specified in section 2013(n)(4) to purchase a new ICE vehicle if a needed configuration is not available to purchase as a ZEV or NZEV under either the ZEV Purchase Exemption List of section 2013.1(d)(1) or the ZEV Purchase Exemption Application of section 2013.1(d)(2).
(1) ZEV Purchase Exemption List. The Executive Officer will establish and maintain a list of vehicle configurations on the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-
work/programs/advanced-clean-fleets no later than January 1, 2025. That list will specify vehicle configurations that are not available to purchase as ZEVs or NZEVs and the date the exemption expires for listed configurations determined to be available to purchase as specified in section 2013.1(d)(2)(G). The list will include the configurations specified in section 2013.1(d)(1)(A). The Executive Officer will rely on the information submitted and gathered in section 2013.1(d)(2) and utilize their good engineering and business judgement to determine if the information establishes that the criteria in sections 2013.1(d)(2)(C) through (G) are met when determining whether to add a vehicle configuration to the list or to identify the expiration date for a vehicle configuration on the list.

The list will not include the following configurations: pickups, any buses, box trucks, vans, or any tractors. Fleet owners may purchase a new ICE vehicle of the same configuration and weight class as one on the list as specified in section 2013(n)(4), report the purchase as specified in section 2013.2(g), and keep records as specified in section 2013.3(e), and CARB will recognize that vehicle as having met the criteria for the exemption. (A) Configurations List. The list will include the following vehicle configurations: Bucket truck, boom truck, dump truck, flatbed truck, stake bed truck, front-loader refuse compactor truck, side- loader refuse compactor truck, rear-loader refuse compactor truck, refuse roll-off truck, service body truck, street sweeper, tank truck, tow truck, water truck, car carrier truck, concrete mixer truck, concrete pump truck, crane, drill rig, vacuum truck. 445
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(2) ZEV Purchase Exemption Application. Fleet owners may request an exemption as specified in section 2013(n)(4) to purchase a new ICE vehicle of the same configuration as an ICE vehicle being replaced as specified in section 2013.1(d)(2)(A)1. If approved, fleet owners must place their new ICE vehicle orders within 1 year from the date the exemption is granted. The fleet owner must submit information specified in (A) and (B) below by email to [email protected]. The Executive Officer will rely on the information submitted in sections 2013.1(d)(2)(A) and (B) and their good engineering and business judgement to determine if the information establishes that the criteria specified in sections 2013.1(d)(2)(C) through (G) are met:
(A) Fleet owners must submit the following information about the vehicle configuration needed:

1. Make, model, weight class, configuration, whether the vehicle has a crew cab, cabover, or all-wheel drive, and clear and legible photographs of the entire left and right sides of the vehicle with doors closed showing the vehicle’s body configuration, for an existing ICE vehicle being
replaced in the fleet;

2. A list of any frame attachments other than the body itself necessary to support or perform the primary intended
function of the vehicle. Examples of frame attachments
include rail wheels and stabilizing outriggers; and

3. The make and model of the body equipped on the vehicle, if applicable.
(B) Fleet owners must also submit documentation from two or more manufacturers that offer ZEV or NZEV chassis, or complete ZEVs or NZEVs, that states the manufacturer does not offer for sale ZEV or NZEV chassis, or complete ZEVs or NZEVs, of the needed configuration submitted in section 2013.1(d)(2)(A). If there are no manufacturers offering ZEV chassis, the statements can come from other vehicle manufacturers.
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(C) After receiving a complete submission, the Executive Officer shall rely on information gathered from fleet owners or manufacturers, including information gathered to comply with other CARB- administered programs, manufacturer websites, manufacturer documentation, authorized dealers, CARB-issued Executive Orders, and their good engineering and business judgement to determine whether the configuration is available for purchase as a ZEV or NZEV from any manufacturer, and whether the identified body submitted in section 2013.1(d)(2)(A)3. or a body from another manufacturer that can perform the same primary intended function can be installed on the offered ZEV or NZEV. If the Executive Officer does not have sufficient information to make the determination, they shall solicit public feedback regarding the information submitted by the fleet owner specified in section 2013.1(d)(2)(A) from vehicle manufacturers and authorized dealers on the CARB Advanced Clean Fleets webpage, available at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets, to assist in making the determination.
(D) The Executive Officer shall consider an offered ZEV or NZEV available to purchase if all of the following criteria are met:

1. If applicable, the manufacturer has certified the ZEV’s powertrain with CARB in accordance with the “California Standards and Test Procedures for New 2021 and
Subsequent Model Heavy-Duty Zero-Emission Powertrains,” as adopted June 27, 2019, which is incorporated by
reference herein;

2. ZEVs or NZEVs offered have a model year 18 months or less from the date the fleet owner submitted the complete
exemption request;

3. ZEV or NZEV configuration is not solely for demonstration, test, or experimental purposes;

4. ZEVs or NZEVs are not offered as a temporary placeholder for a vehicle that may or may not be offered for sale in the future; and
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5. ZEVs or NZEVs do not conflict with safety standards that the fleet owner is subject to, if applicable, as prescribed under title 8, CCR, by the California Department of
Industrial Relations, Division of Occupational Safety and Health, comparable federal or state health and safety laws where the vehicle operates, or federal highway safety laws.

The fleet owner must identify which of these safety laws or standards would be in conflict and for what reasons in their application.
(E) If the Executive Officer identifies any manufacturer or authorized dealer that offers for sale a ZEV or NZEV chassis, or complete ZEV or NZEV in the same or next higher weight class, except for Class 8 vehicles which must only be in the same weight class, in the needed configuration, with the needed frame attachments, and on which the identified body submitted in section 2013.1(d)(2)(A) or an equivalent body from another manufacturer or authorized dealer that can perform the same primary intended function can be installed, the Executive Officer will supply the manufacturer or authorized dealer name to the fleet owner applicant, deny the exemption request, and remove the vehicle configuration from the ZEV Purchase Exemption List pursuant to section 2013.1(d)(2)(G). (F) If the Executive Officer cannot identify any manufacturer that offers a ZEV or NZEV chassis, or complete ZEV or NZEV for sale in the needed configuration and weight class, the vehicle
configuration will be added to the ZEV Purchase Exemption List specified in section 2013.1(d)(1).
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(G) The Executive Officer will rely on information gathered from fleet owners or manufacturers, including information gathered to comply with other CARB-administered programs, manufacturer websites, manufacturer documentation, authorized dealers, CARB- issued Executive Orders, and their good engineering and business judgement to determine whether any vehicle configuration listed on the ZEV Purchase Exemption List specified in section 2013.1(d)(1) no longer meets the criteria specified in section 2013.1(d)(2)(C) through (G). If such a determination is made, on the Advanced Clean Fleets website, the Executive Officer will notify the public of the determination by posting the vehicle configuration, weight class, and exemption expiration date on and after which the vehicle will no longer be eligible to purchase as an ICE vehicle from the ZEV Purchase Exemption List, which shall be the first day of the month after 180 calendar days after posting the determination.
(H) The Executive Officer will notify the fleet owner by email whether the exemption has been approved within 45 calendar days from the date a complete application is received. If the Executive Officer does not respond within this timeframe, the exemption will be deemed approved.
(I) Fleet owners whose exemption request has been granted must comply with the reporting and recordkeeping requirements specified in sections 2013.2(g) and 2013.3(e).
(e) Mutual Aid Assistance. Fleet owners may request this exemption as specified in section 2013(n)(5) to purchase new ICE vehicles. The total number of new ICE vehicles allowed to be purchased under this exemption must not exceed 25 percent of the total number of vehicles in the fleet owner’s California fleet in the calendar year the exemption is approved, less the number of ICE vehicles already in the fleet purchased pursuant to a granted exemption. Fleet owners must have a mutual aid agreement to send vehicles to assist other entities during a declared emergency event to apply. The California fleet must be comprised of ZEVs in the following minimum proportions to apply: at least 25 percent until January 1, 2032; 50 percent until January 1, 2035; and 75 percent thereafter. This exemption does not apply to pickup trucks, buses, box trucks, vans, tractors, or any vehicle configurations available to purchase as NZEVs. The Executive Officer will rely on the information submitted in sections 2013.1(e)(1) through (5) and their good engineering judgment in determining whether the information establishes that the criteria in 2013.1(e)(2) and (3) are met. The fleet 449
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owner must submit all of the following by email to [email protected] to apply:
(1) The make, model, weight class, configuration, and a photograph of the needed ICE vehicle;
(2) Documentation from each manufacturer offering ZEVs for sale of the same configuration and weight class as the ICE vehicle identified in section 2013.1(e)(1) describing the charging or fueling connector and charging or fueling time capability;
(3) Documentation from three mobile ZEV fueling providers, with mobile fueling options that are compatible with the vehicle’s charging or hydrogen fueling connector and system identified in section 2013.1(e)(2) to show the ZEV cannot be refueled from 10 to 80 percent of the ZEV’s rated energy capacity within one hour. If less than three mobile ZEV fueling providers have compatible mobile fueling options for the ZEV, documentation must be submitted from all mobile ZEV fueling providers that do have compatible mobile fueling options;
(4) A copy of the mutual aid agreement in effect with other entities to assist with affected vehicles during declared emergency events; and (5) A letter to the Executive Officer that has an explanation of the reason for the exemption request.

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.

Adopt Section 2013.2 of title 13, California Code of Regulations, to read as follows:
§ Section 2013.2. State and Local Government Fleet Reporting. (a) Method of Reporting. Reports submitted to comply with sections 2013 through 2013.4 must be submitted online through the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets in the TRUCRS reporting system, except exemption or extension requests requiring documentation to be submitted via [email protected]. 450
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(b) Reporting Deadline and End Date. Except as specified in section 2013.2(e), no later than April 1 of each year until April 1, 2045, fleet owners must annually submit a compliance report that includes all of the information specified in section 2013.2 for their California fleet as it is composed as of January 1 of the corresponding calendar year. The initial report must be submitted by April 1, 2024. The annual reporting period is during the month of March. (c) Fleet Reporting. Fleet owners must report all of the following:
(1) State or local government agency information.
(A) State or local government agency name or, if applicable, subdivision name;
(B) State or local government agency ’s physical and mailing addresses;
(C) Designated contact person name;
(D) Designated contact person phone number;
(E) Designated contact person email;
(F) The following operating authority numbers, if applicable: motor carrier identification number, United States Department of Transportation number, California Carrier Identification number, California Public Utilities Commission transportation charter permit number, International Registration Plan number;
(G) Identify the jurisdiction (state, county name, city name, or other local government);
(H) Name of the responsible official; and
(I) Whether the fleet owner will permanently opt-in to the ZEV Milestones Option of title 13, CCR, section 2015.2 as described in section 2013(e) and no longer be subject to the requirements specified in sections 2013, 2013.1, 2013.2, 2013.3, and 2013.4. (2) Vehicle Information. The fleet owner must report the following information for each vehicle in the California fleet:
(A) VIN;
(B) Vehicle make and model;
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(C) Vehicle model year;
(D) Vehicle license plate number and state or jurisdiction of issuance; (E) Vehicle GVWR (Greater than 8,500 lbs. and equal to or less than 14,000 lbs., greater than 14,000 lbs. and equal to or less than 26,000 lbs., or greater than 26,000 lbs.);
(F) Vehicle body type;
(G) Fuel and powertrain type;
(H) Date vehicle purchase was made;
(I) Date vehicle was added to or removed from the California fleet; (J) Whether the vehicle will be designated under or was purchased pursuant to any exemption or extension specified in section 2013.1;
(K) Odometer, or if applicable, hubodometer readings for vehicles as specified in section 2013.2(f);
(L) Engine family and engine model year for any vehicles added to the California fleet after January 1, 2024;
(M) Funding contract start and end date for vehicles purchased with California State-funding if the vehicle is to be excluded during the funding contract period as specified by the funding program; and (N) ZEV Purchase Reporting. Fleet owners that are replacing a vehicle pursuant to the ZEV Purchase Exemption specified in section 2013.1(d) must identify which vehicle is being replaced. (d) Joint Compliance Reporting. If an agency chooses to comply jointly as specified in section 2013(k), each individual department, division, district, subsidiary, or agency must report separately, and include the CARB-issued ID number of the primary controlling agency or designated primary entity. (e) Changes to an Existing Fleet. Fleet owners must comply with all of the following reporting requirements when adding or removing vehicles from the California fleet:
(1) Vehicles added to the California fleet must be reported within 30 calendar days of being added to the fleet;
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(2) Vehicles that are permanently removed from the California fleet must be reported within 30 calendar days of removal. The report must include the date of removal;
(3) If a backup vehicle exceeds the allowable mileage limit the change must be reported within 30 calendar days of the date the mileage limit was exceeded; and
(4) ZEV Conversions. Fleet owners that convert a vehicle to a ZEV must report the vehicle’s new fuel type within 30 calendar days of being converted.
(f) Odometer Reading Reporting. Fleet owners with backup vehicles must comply with the following reporting requirements:
(1) Odometer Readings. Report annually the odometer reading from January 1 of the current calendar year and the date the reading was recorded from a properly functioning odometer or hubodometer. (2) Odometer Failure and Replacement. If the vehicle’s originally equipped odometer has failed and is replaced, report the following information within 30 calendar days of the date the original odometer failed or was replaced, whichever comes first: the original odometer’s final reading, the new odometer’s initial reading, and the date of replacement. (A) Hubodometers. If the vehicle’s originally equipped odometer has failed and is not being replaced, the fleet owner must equip the vehicle with a hubodometer. Fleet owners must report the serial number of the hubodometer within 30 calendar days of the date the hubodometer was installed;
(3) Emergency Mileage. The fleet owner must report the number of miles travelled in support of the emergency for backup vehicles used in emergency operations that would exceed the backup vehicle mileage limit.
(g) ZEV Purchase Exemption Supporting Documentation Reporting. Fleet owners that purchase an ICE vehicle pursuant to the ZEV Purchase exemption specified in section 2013.1(d) must submit an email to [email protected] within 30 calendar days of receiving the new ICE vehicle with the purchase agreement and the following clear and legible digital photographs of:
(1) VIN/GVWR label (typically located on the driver side door or door jamb); 453
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(2) License plate with driver’s side of the vehicle visible; (3) Entire left side of the vehicle with doors closed showing the vehicle’s body configuration; and
(4) Entire right side of the vehicle with doors closed showing the vehicle’s body configuration.
(h) Requirement for Signature. All reports submitted to CARB electronically are deemed signed by the responsible official. Hard-copy documentation submitted must be signed by the responsible official.
(i) Method for Requesting and Approval of Exemptions or Extensions. The Executive Officer will notify the fleet owner by email whether any exemption or extension requests that are required to be submitted to [email protected] are approved within 45 calendar days from receipt of a complete submission. (j) Late Reporting. Until January 1, 2027, fleet owners that submit initial reporting information specified in section 2013.2 after the initial reporting deadline specified in section 2013.2(b) may still establish the vehicles in their California fleet as of January 1, 2024, by reporting the information in the TRUCRS Reporting System and submitting vehicle records specified in section 2013.3(a) to CARB by email to [email protected] when submitting their late report.

Beginning January 1, 2025, fleet owners that submit initial reporting information specified in section 2013.2 after the initial reporting deadline specified in section 2013.2(b) are also subject to penalties specified in section 2013.4(b)(1). (k) Intermittent Snow Removal Vehicle Reporting. Fleet owners may request that vehicles be designated by the Executive Officer as intermittent snow removal vehicles by submitting via email to [email protected] a copy of the vehicle’s specifications sheet from the manufacturer showing the vehicle meets the definition of an intermittent snow removal vehicle, or the following clear and legible digital photographs. The Executive Officer will rely on the information and photos submitted by the fleet owner and their engineering judgement to determine whether vehicle meets the definition of an intermittent snow removal vehicle specified in section 2013(b) and will notify the fleet owner via email within 45 days of receiving a request whether the request is approved. If approved, the Executive Officer will immediately designate the requested vehicles as intermittent snow removal vehicles.
(1) VIN/GVWR label (typically located on the driver side door or door jamb); (2) License plate with driver side of the vehicle visible; 454
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(3) Entire left side of the vehicle with doors closed showing the vehicle’s body configuration;
(4) Entire right side of the vehicle with doors closed showing the vehicle’s body configuration; and
(5) The plow mounting attachment and control system; traction material spreader attachment and control system; or the de-icing system attachment and control system.

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.

Adopt Section 2013.3 of title 13, California Code of Regulations, to read as follows:
§ Section 2013.3. State and Local Government Fleet Recordkeeping.

Fleet owners must keep records of reported information required in reporting section 2013.2 and documentation specified in this section for a period of at least five years.

Fleet owners must make such records available in an electronic or paper format to CARB staff within 72 hours of a written or verbal request for audit. The following records are required to be kept and provided upon request for vehicles in the California fleet:
(a) Entity and Vehicle Documentation.
(1) Records of all vehicle information required to be reported as specified in section 2013.2;
(2) Vehicle purchase, rental, and leasing documents, such as purchase agreements, orders, notices to proceed, leasing agreements, or rental agreements for the vehicles;
(3) The following information about all vehicles that have been removed from the California fleet:
(A) If the vehicle is sold, a transfer of liability form filed with DMV, including the date of sale and odometer reading at the time of sale;
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(B) If the vehicle is transferred out-of-state, but not sold, a copy of the out-of-state registration;
(C) If the vehicle is registered with DMV as non-revivable junked or dismantled, a copy of the registration demonstrating it was filed as such with DMV; and
(D) If the vehicle is sold or consigned to an auction house, a copy of the contract and the transfer of liability form filed with DMV, if applicable.
(4) Backup Vehicle Documentation. Fleet owners with backup vehicles that perform emergency operations must keep records to document dispatch by a local, state, federal or other emergency management agency. (b) Operator Documentation. Fleet owners must keep documentation identifying the entity responsible for paying the driver who is not a state or local government agency employee and any applicable shipping documentation or other documentation that identifies the origin and destination of the cargo and the pick-up and termination destination of the cargo.
(c) Odometer Reading Documentation. Fleet owners required to report odometer readings must keep records of the vehicle miles traveled. Acceptable records are those that have an odometer reading from the vehicle and are provided in smoke opacity test results, Basic (previously Biennial) Inspection of Terminals inspection forms, California Highway Patrol-Truck and/or Tractor Maintenance and Safety Inspections Forms (108-Form), maintenance or service work orders, invoices or receipts, unaltered photographs of the odometer or hubodometer, driver logs or inspection sheets, or onboard diagnostics system information downloads that include the vehicle miles travelled or odometer information.

Fleet owners of backup vehicles used in emergency operations in support of a declared emergency event must keep records to document vehicle mileage accrued under contract in support of an emergency event. (d) ZEV Infrastructure Delay Documentation. Fleet owners utilizing the ZEV Infrastructure Delay Extension must keep copies of documents submitted as specified in section 2013.1(c).
(e) ZEV Purchase Exemption Documentation. Fleet owners utilizing the ZEV Purchase Exemption must keep copies of documents submitted as specified in section 2013.2(g), and copies of documents submitted as specified in section 2013.1(d).
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(f) Documentation for Mutual Aid Assistance. Fleet owners utilizing the Mutual Aid Assistance exemption must keep copies of documents submitted to CARB as specified in section 2013.1(e).
(g) Hiring Entity Documentation. Hiring entities that are subject to section 2013(a)(3) must keep certificates of reported compliance or signed statements received from hired fleets used to verify that hired fleets are compliant with the applicable regulations. Additionally, hiring entities must keep copies of contracts with hired entities that include the disclosure of regulation applicability as specified in section 2013(j)(2).
(h) Daily Usage Exemption Documentation. Fleet owners utilizing the Daily Usage Exemption must keep copies of documents submitted as specified in section 2013.1(b).
(i) Intermittent Snow Removal Vehicle Documentation. Fleet owners approved to designate vehicles as intermittent snow removal vehicles must keep copies of the vehicle specification sheet from the manufacturer or photographs submitted as specified in section 2013.2(k).
(j) Sales Disclosure Documentation. Any person required to submit a sales disclosure as specified in section 2013(r) must keep a copy of the written sales disclosure.
(k) Non-repairable Vehicle Documentation. Fleet owners approved to utilize the Non-repairable Vehicle exemption of section 2013(n)(7) must keep records of the police report, insurance statement, or signed attestation, photographs, and information submitted to CARB as specified in section 2013(n)(7).

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104 Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214 Health and Safety Code.

Adopt Section 2013.4 of title 13, California Code of Regulations, to read as follows:
§ Section 2013.4. State and Local Government Fleet Enforcement. (a) Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this article is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be 457
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deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this article. (b) Penalties. Any person who fails to comply with the requirements of this article, who fails to submit any information, report, or statement required by this article, or who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this article may be subject to penalties. (1) Late Reporting Penalties. Beginning January 1, 2025, and until January 1, 2027, failure to submit any information as specified in section 2013.2 shall constitute a single, separate violation for each vehicle and each month the information is not submitted past the initial reporting period specified in section 2013.2(b).
(c) Right of Entry. An agent or employee of CARB, upon presentation of proper credentials, has the right to enter any motor carrier, broker, or hiring entity facility (with any necessary safety clearances) where vehicles are located or vehicle records, including hiring and brokering records, are kept to verify compliance.
(d) Fleet Owner Enforcement. For purposes of enforcement, if the vehicle is inspected and cited for noncompliance with this article and neither the operator of the vehicle nor the rental or leasing entity can produce evidence, as specified in the “Fleet owner” definition of section 2013(b), of the party responsible for compliance with state laws, the owner shall be presumed to be both the rental or leasing entity and the renting operator or lessee of the vehicle.

Note: Authority cited: Sections: 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code. 458
The Selection of Option 2 for the Mandated
California Air Resources Board Advanced
Clean Fleets Regulations
Public Works & Transportation Committee
December 12, 2023
City Council Meeting
December 19, 2023
Jose Arreola, Fleet Services Division Manager
Public Works Department
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RECOMMENDATION 2
That the Public Works and Transportation Committee recommend that the City Council approve "Option 2" as allowed under the Advanced Clean Fleets (ACF) Regulation which mandates local governments to undertake certain actions to implement Zero Emission Vehicles (ZEV) for their fleets beginning on January 1, 2024.
460

BACKGROUND
• The City’s on-road fleet is composed of approximately 260 medium duty trucks, service body trucks, dump trucks, refuse collection vehicles and other types
3 Refuse Collection Vehicle 10 ton Dump Truck
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BACKGROUND
• The California Air Resources Board (CARB) regulates emissions on these vehicles. On April 28, 2023 CARB adopted and
mandated the Advanced Clean Fleet (ACF) regulation
• The ACF regulation is the latest development in CARB’s decades‑long history of setting increasingly stringent emission standards for medium and heavy duty vehicles
• The ACF regulation applies to vehicles with a gross vehicle weight rating greater than 8,500 lbs (“Target Vehicle”) and mandates the implementation of zero emission Vehicles (ZEV), which are composed of Electric Vehicles (EV), Battery Electric Vehicle (BEV), or Hydrogen Fuel-Cell Electric Vehicle (FCEV) 4 462

BACKGROUND
• As an example, a Target Vehicle would be one that is similar in size/weight to a Ford F250 pick-up truck and larger
• Fleets can apply for a ZEV purchase exemption, subject to the approval of CARB, if the vehicle is not available for purchase in a ZEV configuration
• CARB will list configurations that are not available in ZEV’s and update the list periodically with expiration dates for the vehicle to be removed from the configuration list
5 463

BACKGROUND
• The following vehicles, which are in the City’s Fleet, are currently on the configuration list on a temporary basis and available for a CARB approved exemption:
• Bucket truck, boom truck, dump truck, flatbed truck, stake bed truck, front-loader refuse compactor truck, side-loader refuse compactor truck, rear-loader refuse compactor truck, refuse roll-off truck, service body truck, street sweeper, tank truck, water truck, crane truck, and vacuum truck
6 Roll-off Truck
Service Body Box truck
464

BACKGROUND
• It should be noted that this list will be updated routinely by CARB once the industry produces ZEV’s for these types of vehicles
• Automatic exempt vehicles are those emergency response vehicles as specified in the California Vehicle Code 165, such as Target Vehicles like fire apparatus, mobile command post, and police armored rescue vehicles. The requirements and
exemptions are not crystal clear and therefore staff will continue to work with CARB to understand if there are exemptions for a percentage of Water and Wastewater vehicles.
7 Exempt armored rescue vehicle
Exempt Fire apparatus
465

BACKGROUND
• Advanced Clean Fleets Regulations compliance for local government fleets includes two qualifying options:

1. Option 1 (default option), beginning January 1, 2024, 50 percent of annual Target Vehicle purchases are to be ZEV’s, and beginning January 1, 2027, that 100 percent of Target Vehicle purchases are to be ZEV’s

2. Option 2, local government fleets may choose ZEV
Milestones Option. Fleets may elect to meet ZEV targets as a percentage of the total fleet starting with vehicle types that are most suitable for electrification. The schedule is laid out in Table 1.
8 466

BACKGROUND
• This option allows the addition of new internal combustion engines (ICE) vehicles model year 2024 or newer as long as the fleet is meeting the percent target rates listed below
T able 1: ZEV Fleet Milestones by Milestone Group and
Compliance Year (Option 2)
9 Percentage of vehicles that must be zero-emission 10% 25% 50% 75% 100% Milestone Group 1: Box trucks, vans, buses with two axles, yard tractors, light-duty package delivery vehicles (the City has approximately 150 of these vehicles in the Fleet)
2025 2028 2031 2033 2035 and
beyond
Milestone Group 2: Work trucks, day cab tractors, buses with three axles (the City has approximately 103 of these vehicles in the Fleet)
2027 2030 2033 2036 2039 and
beyond
Milestone Group 3: Sleeper cab tractors and specialty
vehicles (the City has approximately 7 of these vehicles in the Fleet)
2030 2033 2036 2039 2042 and
beyond
467

BACKGROUND
• CARB will monitor and enforce compliance. CARB’s
enforcement program is designed to deter non-compliance and to ensure regulated industries that have not met CARB’s regulatory requirements are brought into compliance
• There are three types of legal processes that CARB uses to resolve non-compliance violations: civil, administrative, and criminal
10 468

BACKGROUND
• As part of the civil process, CARB can obtain a court order or injunction to stop ongoing violations
• Administrative penalties can be up to $25,000 per day and cumulative up to $300,000 per violation
• CARB may identify potential criminal violations. In those instances, the case may be referred to the Attorney General, a District Attorney, or other prosecutors for criminal prosecution

11 469

DISCUSSION
ZEV Charging Stations
• As of today, the City has one single-port shared-use City-owned electric vehicle charging station at the downtown parking structure
• There are two other City-owned charging stations in the long-term parking lot at the Oxnard Transit Center
• The location of these stations is not ideal for charging City-owned fleet vehicles. There are no other City-owned electric vehicle charging stations within the city

12 470

DISCUSSION
• Staff is not aware of any private company managed/owned hydrogen charging stations within the City
• The City does not currently own/operate hydrogen charging stations
• It should be noted that Gold Coast Transit is working on the installation of a hydrogen charging station at their facility in north Oxnard
• Staff’s current understanding is that this charging station is specific for the use of Gold Coast
13 471

DISCUSSION
• Staff has initiated contact with Gold Coast about the use of their charging stations for City Vehicles
• Staff will continue those conversations with the desire to have access to Gold Coast’s charging stations
SCE’s Charge Ready Transport (CRT) Program
• Recently staff has been in communication with Southern California Edison (SCE) in regards to the SCE Charge Ready Transport program
• SCE’s Charge Ready Transport (CRT) Program offers low- to no-cost electrical system upgrades to support the installation of electric vehicle (EV) charging equipment for qualifying vehicles 14 472

DISCUSSION
• This program provides a unique opportunity for fleet operators choosing to acquire electric vehicles by providing support and reducing the costs with installing the necessary charging equipment
• When a customer is approved to participate in the program, SCE will design, construct, and install the necessary infrastructure on both the utility-side and customer-side of the electric meter • If the customer prefers, they can perform the customer-side of the meter electrical work and may receive a rebate
• Additional rebates are available to eligible companies within disadvantaged communities

15 473

DISCUSSION
• For the CRT Program, SCE will:
• Perform on-site visits to evaluate the site's electrical infrastructure needs.
• Develop utility-side and customer-side of the meter cost estimates.
• Design, secure permit, project manage and install the necessary infrastructure. Participants will have the option to instead perform the necessary work on their side of the meter and receive a make-ready rebate
• Install a separate meter dedicated to the EV charging infrastructure and waive customer demand charges through 2024 with our commercial EV rates
16 474

DISCUSSION
• Make final inspections once the charging equipment is installed
• Customer requirements for the SCE CRT Program, which
would require an agreement between SCE and the City
include:
• Lease or purchase at least two medium or heavy-duty
battery powered EVs or convert at least two fossil-fuel vehicles to electric within 18 months of installation
• Select, purchase and install SCE approved charging
equipment in the quantity approved by SCE
17 475

DISCUSSION
• Keep the charging equipment operational for at least ten years
• Provide data related to charging equipment usage for a minimum of five years (on-road vehicles only)
• Grant easement to selected property in perpetuity may be required
• No other SCE programs can be used in the selected
property for 10 yrs (i.e rule 29)
18 476

DISCUSSION
• In addition to the SCE program, Public Works staff has been seeking grants that can fund infrastructure and charging stations
• Recently a DOE Funds/EECBG awarded $224,240 for the
City and will be utilized towards EV infrastructure or
charging stations for a Pacific Yard project
• Public Works will continue to seek available grant funding • Staff will continue to evaluate and pursue the SCE CRT Program and will bring back any necessary
recommendations for the City Council’s consideration (e.g. agreement)
19 477

DISCUSSION
Compliance with CARB ZEV
• There are two options for Fleets to be in compliance with the State unfunded mandate for ZEV as noted in the Background section above
• When taking into consideration the current exemption list and the existing and projected make-up of the City’s fleet, the amount of ZEV that the City would have to purchase would be in smaller increments over a longer period of time when calculated using Option 2
• This would allow the capital cost to be spread over multiple years (i.e. Option 2 2025 to 2042) instead of 2024 to 2027 per Option 1
20 478

DISCUSSION
• Also, it would allow more time for the City to evaluate the different ZEV (e.g. electric and hydrogen) and provide some additional time for infrastructure updates (e.g. charging stations) • As such, it is recommended that the City choose the ZEV Fleet Milestone option (Option 2)
• This will allow the City to continue to add ICE vehicles to our fleet and ZEV Target Vehicles in a less aggressive timeline than the default option
21 479

FINANCIAL IMPACT
• By selecting Option 2, the initial compliance dates are staggered and start at 10% compliance per milestone group; each group gives fleets approximately 10 years to reach the 100%
compliance goal
• This option is not as aggressive as Option 1 and will give fleets more time to comply
• The costs for ZEVs are higher than ICE, and as such, Option 2 is anticipated to have less of an impact on future Fleet purchases 22 480

FINANCIAL IMPACT
• Alternatively, by selecting Option 1, there would be an immediate impact as 50% of purchases are mandated to be ZEV’s starting January 1, 2024 and ramp up to 100% on January 1, 2027
• This option would not allow fleets to add ICE vehicles, in some cases ZEV’s are up to 50% higher in up front cost when
compared to ICE vehicles
• Staff does not recommend this Option
23 481
QUESTIONS?
482

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.5

DATE: December 19, 2023

TO: City Council

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

SUBJECT: Agreement 32400250 with NBS Government Finance Group for Special District Administrative, Professional, and Technical Services. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute the Agreement with NBS Government Finance Group for ongoing administrative, professional, and technical services for the Special Districts Division in the amount not to exceed $1,028,484 for the maximum five year term of the Agreement, with the initial agreement term of three years, ending December 31, 2027, after which the Agreement may be extended for two additional one-year terms with a fully extended final term ending on December 31, 2029.

(Public Works and Transportation Committee approved 3-0 on November 28, 2023)

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

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (“CFDs”), Landscape Maintenance Districts (“LMDs”), Waterways Maintenance Assessment Districts (“WADs”), and a Maintenance Assessment District (“MAD-4”). Each of these Special Districts have specific individual authorized services and improvements, including, but not limited to: park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed in an annual parcel charge for the purposes of maintaining the improvements and other authorized services that includes consulting (e.g. the preparation of required documents such as the annual Engineer's Report) within their District.

NBS Government Finance Group (“NBS”) specializes in the administration of California special financing districts. Since 2017, the City has contracted with NBS to provide administrative support to the Special Districts Division for budget preparation, assessment computation and rate analysis, submission of the annual Engineer’s Report, levy submittal, and several additional projects that included on-call services.

In February 2023, Special Districts entered into a negotiated sole source agreement (32300207) with NBS as a means to continue the obligations for the administration of Special Districts while the solicitation for the long-term consulting services was developed and bid. This sole-sourced agreement expires on December 31, 2023.

DISCUSSION

The Purchasing Department released a Request for Proposals (“RFP”) PW24-02 for Special Districts Administrative Professional and Technical Services on August 16, 2023 with a proposal due date of September 11, 2023. The RFP 483
received a total of one (1) proposal from NBS, who is the City’s current consultant.

The proposal was reviewed by the Purchasing Division (Buyer) and the Special Districts Division (Special Districts Manager, Administrative Services Analyst Senior, Administrative Services Analyst, Retired Annuitant, and Administrative Services Coordinator) with a determination that NBS met the requirements of the solicitation scoring criteria listed in RFP PW24-02. The evaluation method consisted of the following:

1. Proposer’s ability and history in providing the requested services or work for public agencies of similar size, population, and need as the City.

2. Responsiveness of the proposal and the clarity and completeness of the proposed Scope of Work.

3. Demonstrated technical competence and experience to perform the services or work requested in the RFP.

4. Past record of performance of similar work or service as determined by all available information.

5. Cost Proposal.

Staff has confirmed that NBS meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of satisfactorily providing the necessary services.

All services provided will be based on available funding within the individual districts. Additionally, there is $184,352 included in the cost of this Agreement for on-call administrative assistance to help with day-to-day operations as necessary should the high rate of staff vacancies continue for Special Districts. As with all other on-call services, NBS will only be compensated for those services that are actually provided.

This new Professional Services Agreement is a stand-alone agreement and not an extension of the previous Agreement and Amendments.

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

The total cost of this Agreement, if extended to its maximum allowable term of five (5) years shall not exceed $1,028,484. After the initial year, increases to the Agreement price may be requested by the consultant and cannot exceed a 3% increase year over year. Any increase requested must be substantiated with supporting documentation such as documented increases in pricing, CPI increases, or other cost increases which directly apply to the services rendered under this Agreement. The estimated spending plan for the remainder of Fiscal Year 2023-24 is $79,916 commencing January 1, 2024. Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be requested through the annual budget process. Expenses are charged to the specific Districts receiving the services and there is no impact to the General Fund beyond the required General Fund Contribution for the Landscape Maintenance Districts. See Attachment 5 (Special Districts Agreement 32400250 Cost Breakdown) for the full estimated account breakdown. Please note that all amounts have been rounded to the nearest whole number.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on November 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Eric Storrie, Special Districts Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 32400250 NBS Government Finance Group-Unsigned

2. RFP #PW24-02 Packet
484

3. City of Oxnard Special Districts Map

4. City of Oxnard Special Districts List

5. Special Districts Agreement 32400250 ESTIMATED Cost Breakdown

6. Presentation

485
Agreement No. 32400250

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND NBS GOVERNMENT FINANCE GROUP
By This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of NBS Government Finance Group (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. To provide Special Districts administrative professional and technical services.

2. PARTIES.

CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 NBS Government Finance Group (“CONSULTANT”), a corporation/LLC/LLP of the State of California, located at 32605 Temecula Parkway Suite 100, Temecula, CA 92108.

3. TERM OF AGREEMENT : From (Date): January 1, 2024 To (Date): December 31, 2027.

3.1 Time is of the essence in this Agreement.

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

3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 11 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

3.4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement. 1 486
Agreement No. 32400250

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,028,484

5. AGREEMENT EXHIBITS.

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Iran Contracting Certification

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Eric Storrie Name: Adina McCargo
Title: Special Districts Manager Title: Director and Project Manager Phone: (805) 385-7578 Phone: (800) 676-7516
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Avenue, Bldg 1
Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

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

7.2 CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

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

7.4 All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
2 487
Agreement No. 32400250

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

8. CONSULTANT'S SERVICES.

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

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

9. COMPENSATION.

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

9.1 Price Adjustments. 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 shall not be greater than 3% from the prior year.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute. 3 488
Agreement No. 32400250

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

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

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

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

11. OPTION TO EXTEND AGREEMENT .

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

12. MODIFICATION OF AGREEMENT .

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

13. TERMINATION OF AGREEMENT .
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Agreement No. 32400250
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

14. INDEPENDENT CONTRACTOR.

CONSULTANT 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 CONSULTANT or any of its employees, except as stated in this Agreement.

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

CONSULTANT 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. CONSULTANT and its employees are not employees of CITY. CONSULTANT 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. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
5 490
Agreement No. 32400250

16. SAFETY REQUIREMENTS.

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

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

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

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

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

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT 6 491
Agreement No. 32400250
without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

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

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

CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. CONSULTANT 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 CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

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

18. ASSIGNMENT .

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
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Agreement No. 32400250
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. Notice shall be given in the manner set forth in section

22. 20. NOTICE.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from CONSULTANT’s obligations under this section, CONSULTANT shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with CONSULTANT’s performance of this Agreement or CONSULTANT’s failure to 8 493
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comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

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

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

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsections 23.1 and

23.2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the Indemnitees shall be limited to the extent that any claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection 23.3 shall be construed to require CONSULTANT to provide indemnification for claims caused by the active 9 494
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negligence or willful misconduct of the Indemnitees.

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

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

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, CONSULTANT will pay and/or provide 10 495
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the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

26. [RESERVED].

27. [RESERVED].

28. CONFLICT OF INTEREST .

CONSULTANT 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 CONSULTANT’s services under this Agreement. CONSULTANT further covenants that in the performance of services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.

29. IRAN CONTRACTING ACT .

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit D.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days. 11 496
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Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

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

32. AUDIT .

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY .

CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the CITY Manager. This Section shall survive the termination of this Agreement.
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34. NONDISCRIMINATORY EMPLOYMENT .

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

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY .

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

38. INTEGRATED AGREEMENT .

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