Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street December 19, 2023
Closed Session - 4:30 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 833 6270 6567
3. Passcode: 044189
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
AMENDED AGENDA
Item L.12 Information/Consent - added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings
.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
Name of case: Donald Miller v. City of Oxnard
Workers' Compensation Case No. ADJ11415337
Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Robert Roldan v. City of Oxnard
Workers' Compensation Case Nos. ADJ12676806
Legislative Body: City Council
3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Alex Nguyen, City Manager, Jason Benites, Police Chief, and Steve Naveau, Director of Human Resources.
Employee Organization: Oxnard Peace Officers Association (OPOA) Legislative Body: City Council
D. APPOINTMENT ITEMS (5:30 PM)
1. Public Works Department
SUBJECT: Update on Bicycle and Pedestrian Improvements.
RECOMMENDATION: That the City Council receive a verbal update on bicycle and pedestrian 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 3
improvements.
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Resolution Commending Kathleen Franco for Twenty-Two Years of Exemplary Service as a Crossing Guard for the Oxnard Police Department.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: Local Government Fun Fact: From local origin to global impact; a design fun fact.
RECOMMENDATION: That the public and City Council receive a City Manager discussion on the topic: From local origin to global impact; a design fun fact.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes. 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 4
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of November 21, 2023, regular meetings as presented.
Legislative Body: City Council
Contact: Dee Lai, (805) 385-8200
2. Finance Department
SUBJECT: AB1600 Annual and Five-Year Report for Development Impact and In-Lieu Fees for the fiscal year and five years ending June 30, 2023 (20 minutes).
RECOMMENDATION: That the City Council receive and file the AB1600 annual development impact fee report and the five-year report for the fiscal year ended June 30, 2023. (As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 385-5400
3. Police Department
SUBJECT: Resolution Commending Nellie Estrada for over Thirty-Six Years of Service to the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Nellie Estrada for over thirty-six years of service to the City of Oxnard. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
4. Police Department
SUBJECT: Federal and State Asset Forfeiture Funds
RECOMMENDATION: That the City Council approve a budget appropriation in the amount of $200,000 for the use of Federal (Fund 191 - $140,000) and State (Fund 192 - $60,000) Asset Forfeiture Funds allocated to the City of Oxnard's Police Department. (This item did not originate in the Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Fire Department
SUBJECT: Authorization to submit grant applications to Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (Matching requirement of up to $193,815.03) RECOMMENDATION: That the City Council authorizes:
1. The submission of seven (7) grant applications to the FEMA Assistance to Firefighters Grant (AFG) for $1,948,632, including a 10% local match for the purpose of procuring fifty (50) sets of structural firefighting turnouts, a paramedic squad, paramedic training, EMS training equipment, and USAR, HazMat and Fire Prevention training; 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 5
2. The submission of a Fire Prevention and Safety (FP&S) grant application in an amount not to exceed $350,000, including a 5% match for the installation of 5,000 combination smoke and carbon monoxide detectors.
3. The City Manager or designee to execute the grant agreements if grant funds are awarded to the City;
4. 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
5. The Fire Chief or designee to submit non-financial reports. (The Finance and Governance Committee approved 3-0 on November 28, 2023) Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
6. Police Department
SUBJECT: Sintra Group Agreement
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Sintra Group for a three (3) year term, with a total amount not to exceed $800,000, for Police and Fire Department pre-employment background investigation services. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Denise Morehouse, (805) 385-7619
7. City Manager Department
SUBJECT: Updates to Citizen Advisory Group (CAG) Bylaws.
RECOMMENDATION: That the City Council adopt a resolution incorporating modifications to the existing Citizen Advisory Group (CAG) uniform bylaws.
(The Finance and Governance Committee approved 2-0 on November 28, 2023.) Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
8. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.
RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period July 1, 2023 through November 30, 2023. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
9. Human Resources Department
SUBJECT: License for NEOGOV Human Resources Management System (HRMS) Software RECOMMENDATION: That City Council approve and authorize the Mayor to execute Agreement No. 32400308 with Governmentjobs.com, Inc. (“NEOGOV”) in the amount of $128,548.44 for Human Resources Management System (HRMS) software.
(This item did not originate in Committee.)
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 6
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947
10. Public Works Department
SUBJECT: Agreement 32400196 with South Coast, LLC dba South Coast Emergency Vehicle Service for Maintenance, Inspection and Repair of Pierce Fire Apparatuses for the City’s Fire Department.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with South Coast, LLC dba South Coast Emergency Vehicle Service for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $900,000 for the maintenance, inspection and repair of the City’s Fire Department Pierce fire apparatuses on an on-call/as needed basis.
(Public Works and Transportation Committee approved 3-0 on November 28, 2023) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
11. Public Works Department
SUBJECT: Blanket Purchase Order with Flo-Systems Inc. for a Wastewater Effluent Pump and Right Angle Gear and Future Supplies.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Blanket Purchase Order with Flo-Systems Inc. in the amount of $400,000 for the purchase of pumps, angle gears and supplies for the Wastewater Division through June 30, 2024. (Public Works and Transportation Committee approved 3-0 on November 28, 2023) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
12. Community Development Department
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.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
M. PUBLIC HEARINGS
1. Housing Department
SUBJECT: 2023-2024 First Annual Action Plan Amendment. (10 minutes) RECOMMENDATION: That the City Council:
6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 7
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
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
2. Housing Department
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
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
N. REPORTS
1. City Manager Department
SUBJECT: City Treasurer's annual investment policy for the period ending July 2024. (10 minutes) 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 8
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
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808
2. Fire Department
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
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
3. Housing Department
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.)
8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 9
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/vu3t0LksZTA
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
4. Public Works Department
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
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
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
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. Public Works Department
SUBJECT: Agreement 32400277 with Aquatic Bioassay and Consulting Laboratories, Inc. for Channel Islands Harbor Water Quality Monitoring and Consulting Services. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement 32400277 with Aquatic Bioassay and Consulting Laboratories, Inc. for Channel Islands Harbor Water Quality Monitoring and Consulting Services in the amount not to exceed $99,441 for a seven-month term, ending June 30, 2024.
(This item did not originate in Committee because it is a continuation of existing services already included in the FY 2023-24 City Council-approved Special Districts budget) 9 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 19, 2023 PAGE 10
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/D56tCfJaDE0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
O. ADJOURNMENT
10 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING KATHLEEN FRANCO FOR OVER TWENTY-TWO YEARS OF EXEMPLARY SERVICE TO THE CITY OF OXNARD.
WHEREAS, Kathleen Franco has given over twenty-two years of exemplary service as an employee of the City of Oxnard. Kathleen began her career with the City of Oxnard as a Crossing Guard on September 10, 2001; and
WHEREAS, Kathleen, throughout her career, held the best interest of the City. She always made an effort to show up to work with a positive attitude. She always provided exceptional service to the families she interacted with. The relationships she built made her a role model in the community; and
WHEREAS, Kathleen safely crossed kids across numerous intersections in Oxnard on a daily basis. She set a high standard for her position. She always prioritized the safety of the kids and was aware of the importance of her job.
NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Kathleen Franco for over twenty-two years of exemplary service to the City of Oxnard and extends best wishes for a fun and fulfilling retirement with family and friends.
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
11 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: December 19, 2023
TO: City Council
FROM: Dee Lai, Assistant City Clerk, (805) 385-8200, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of November 21, 2023, regular meetings as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Dee Lai, Assistant City Clerk
ATTACHMENTS
1. 11 21 2023 Council Minutes
12 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
November 21, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:45 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Dee Lai, Assistant City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Due to a just-cause reason of being positive for COVID, Councilmember Valenzuela Zavala participated virtually at the meeting. He indicated that no one over the age of 18 was present with him during the meeting.
Councilmember Oscar Madrigal was absent. Councilwoman Basua arrived at 5:09 p.m.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.
C. CLOSED SESSION (4:45 PM)
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)).
Name of case: City of Camden, et al. v. 3M Company United States District Court Case No. 2:23-cv-03147-RMG
Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)).
Name of case: City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al. United States District Court
Case No. 2:23-cv-03230-RMG
Legislative Body: City Council
At 4:47 p.m., the City Council recessed into a closed session. At 5:41 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney, announced that no reportable actions resulted from the closed session for items C.1. and C.2.
D. APPOINTMENT ITEMS (5:30 PM)
1. City Manager Department
SUBJECT: Ventura County Civic Alliance State of the Region Report. (30 minutes) RECOMMENDATION: That the City Council receive the State of Region Report from the Ventura Civic Alliance.
David Maron, Vice Chair of Ventura County Civic Alliance, presented the State of Region Report and 13 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 2
answered the City Council’s questions.
No public comments were received.
E. OPENING CEREMONIES (6:00 PM)
Councilmember Teran led the pledge of allegiance followed by a moment of silence.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of November, 2023 as "Family Caregivers Month."
Mayor Zaragoza read the Proclamation and delivered it to the caregivers. The caregivers joined the Council on the dais to accept the Proclamation.
Public comments were received from Susie Valencia and Jasmine Duran.
2. SUBJECT: Presentation of a Proclamation Designating December 1, 2023 as "World AIDS Day."
Mayor Zaragoza read the Proclamation and delivered it to Edgar Euan and Christopher Ornelas from Diversity Collective. Edgar and Christopher joined the Council on the dais to accept the Proclamation, thanked the Council, and spoke briefly.
No public comments were received.
3. SUBJECT: Special Guest from the North Pole.
This item was rescheduled for the December 5, 2023 City Council meeting.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Devina, Anthony Ventura, Alejandro Perez, Lang Martinez, and Bishop Lamont Chiles-Hayes.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
1. City Manager Department
SUBJECT: Local Government Fun Fact: Homeless Crisis.
RECOMMENDATION: That the Public and City Council receive a City Manager discussion:
putting the State of California's Homeless Crisis in Perspective.
Alex Nguyen, City Manager, provided information on homeless crisis.
Public comments were received from Manuel Herrera and Barbara Macri-Ortiz.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.
Councilwoman Basua requested that staff present to City Council, for consideration as a future agenda item, an 14 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 3
ordinance regarding the regulation of contractors' permit, and compensation of their workers. The City Council supported Councilwoman Basua’s request.
No public comments were received.
J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.4 were discussed among the Council and staff
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of October 17, 2023, regular meetings as presented.
2. Public Works Department
SUBJECT: Purchase Order with Rush Truck Centers for a Vacuum Truck for the Wastewater Division.
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Purchase Order with Rush Truck Centers in the amount of $471,762.84 for the purchase of a vacuum truck for the Wastewater Division.
(Public Works and Transportation Committee approved 3-0 on October 24, 2023)
3. Fire Department
SUBJECT: Authorize reappropriation of budgeted Measure O Funds in the amount of $102,000 to fund the replacement of a breathing air compressor at Fire Station One
RECOMMENDATION: That the City Council approve reappropriating a portion of funds ($102,000) budgeted for grant matches in Fiscal Year 2023-24 Measure O Fund (Fund 104) and the corresponding Capital Outlay Fund (301) to instead, utilize those funds to replace a 20-year-old breathing air compressor used in refilling firefighter self-contained breathing apparatuses (SCBA).
(This item did not originate in Committee.)
4. City Attorney Department
SUBJECT: Ordinance of the City Council Prohibiting Single-Use Plastic Foodware
RECOMMENDATION: That the City Council adopt the Ordinance No. 3033 entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single-Use Plastic Foodware."
(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))
15 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 4
(Public Works and Transportation Committee approved 3-0)
Consent Item L.1, L.2, and L.3
It was moved by Councilwoman Basua, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Madrigal was absent.
Consent Item L.4
It was moved by Councilwoman Basua, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 5-1. Mayor Pro Tem MacDonald voted no. Councilmember Madrigal was absent.
M. REPORTS
1. Community Development Department
SUBJECT: Commercial Cannabis Financial Auditing Services Agreement with Avenu Insights & Analytics, LLC (10 minutes).
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a 3-year agreement (with an option for two 1-year extensions) (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.
(The Finance and Governance Committee approved 2-
0 (Council member Basua absent) on October
24, 2023 to approve the staff recommendation and to forward the item for Council approval.)
Mat Simpkins, Management Analyst, Kathleen Mallory, Planning and Sustainability Manager, Jeff Pengilley, Community Development Director, and Christopher Wills, Senior Audit Manager, were available to answer questions. No public comments were received. Discussion ensued among the council and staff.
It was moved by Councilmember Perello, seconded by Councilwoman Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Madrigal was absent.
2. Community Development Department
SUBJECT: Revision to the Planning Commission Rules and Procedures (Bylaws) (20 minutes)
RECOMMENDATION: That the City Council approve a Resolution No. 15,751 adopting proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.
(The Finance & Governance Committee approved 2-0 (Council Member Basua absent) on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.)
Joe Pearson II, AICP, Planning and Environmental Services Manager and Jeff Pengilley, Community Development Director, were available to answer questions. No public comments were received. Discussion ensued among the council and staff.
It was moved by Councilmember Teran, seconded by Councilmember Perello, to approve the recommended 16 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 21, 2023 PAGE 5
action with the amendment of Rule 7.B.1 to read as follows:
1. The Commission encourages the public to prepare and send written communications that may assist the Commission in its deliberations on an item. The correspondent is requested to provide fifteen copies, no larger than page size 11x17 of all written material for members, the recording secretary, staff, file, and the public with the below specifications:
a. Font Size: Minimum 12-point font.
b. Spacing: Single
c. Page Limitation (double-sided equivalent):
i. 3 days prior to meeting by 5:00 P.M.: 5 pages maximum, including exhibits ii. Between 3 days prior to meeting at 5:00 P.M. to the meeting: 1 page maximum, including exhibits
VOTE: Basua, MacDonald, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Madrigal was absent.
N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:29 p.m.
______________________________ __________________________________ DEE LAI JOHN C. ZARAGOZA Assistant City Clerk Mayor
17 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: December 19, 2023
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 385-5400, [email protected]
SUBJECT: AB1600 Annual and Five-Year Report for Development Impact and In-Lieu Fees for the fiscal year and five years ending June 30, 2023 (20 minutes).
RECOMMENDATION
That the City Council receive and file the AB1600 annual development impact fee report and the five-year report for the fiscal year ended June 30, 2023.
(As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.)
BACKGROUND
Development Impact Fees (DIFs) are a monetary exaction, other than a tax or special assessment, which is charged by a local governmental agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The Mitigation Fee Act (Act), commonly known as Assembly Bill 1600 (AB1600), was adopted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 was enacted to ensure that new development mitigates its impact on the City’s infrastructure.
AB1600 requires that agencies report annually on the fees collected and the use of those fees. The specific requirements are:
1. Brief description of the type of fee in the account or fund
2. Amount of the fee
3. Beginning and ending balance in the account or fund
4. Amount of fees collected and the interest earned during the previous year
5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete
7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan
8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
Moreover, Government Code Section 66001(d) requires that for the fifth year following the first deposit into a DIF account or fund, and every five (5) thereafter, the local agency shall make all of the following findings with respect to that 18 portion of the account or fund remaining unexpended, whether committed or uncommitted:
1. Identify the purpose for which the fee is to be expended.
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements.
4. Designate the approximate dates on which the funding referred to in item 3 above is expected to be deposited into the appropriate account or fund.
DISCUSSION
The City Council last approved the required annual report on the City’s development impact fees on January 3, 2023 for the fiscal years ended June 30, 2022. The City has contracted with Harris & Associates, Inc. to prepare the required AB1600 Report for the fiscal year ended June 30, 2023. The attached report (Attachment 1) provides all of the required information as noted in the Background section above for the fiscal year ended June 30, 2023.
The City’s Affordable Housing and utility undergrounding In-Lieu fees are also included in this report. These are fees that developers may elect to pay in-lieu of building the required inclusionary units or undergrounding their fronting utilities. With the additional inclusion of In-Lieu fees, this report has been expanded to also report on the five-year requirements of AB1600. This report will serve as the City of Oxnard’s AB1600 five year report for the fiscal year starting July 1, 2018, and ending June 30, 2023.
Improvements to the City’s infrastructure are identified to meet current needs and to accommodate future growth. The governing document identifying these improvements may be the Capital Improvement Program (CIP), an Environmental Impact Report, a master plan, or a specific City Council action. The City CIP Staff are currently working on an updated CIP which has also influenced the projects identified in the report.
New development that benefits from a particular improvement pays its pro-rata share of that improvement. Usually, the pro-rata share (fee) collected does not fully fund the infrastructure so other City resources are included. When an improvement benefitting a property has been constructed by the City, the new development’s pro-rata share (fee) reimburses the City. If a developer has constructed an improvement, they receive reimbursement from fees collected by the City from other developments that contributed to the fee program that infrastructure is a part of. For relevant projects, the attached report shows how much of the project is funded with fees. The dates of the improvements are dependent upon the rate of development and the collection of sufficient revenues to complete the improvements.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no direct financial impact to receive and file this report.
AB1600 allows a local agency to impose fees in connection with approval of a development project to defray all or a portion of the cost of public facilities related to that development project. If the local agency does not identify a specific use for the funds collected or uses of the funds for the specified public facility, it is required to refund, on a pro rata basis to the current record owner(s), the unexpended portion of the fee and any interest accrued thereon.
COMMITTEE OUTCOME
As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee. Staff is available for any questions.
Prepared by: Beth Vo, Assistant Chief Financial Officer
ATTACHMENTS
19 1. FY 22-23 AB1600 Report
20 AB1600 Annual and Five-Year Report for
Development Impact and In-Lieu Fees
City of Oxnard
For the Fiscal Year and Five Years Ending June 30, 2023 Prepared by:
101 Progress, Suite 250 | Irvine, CA | 92618
21 Development Impact Fee Annual Report (FY 22-23)
Table of Contents
Executive Summary ................................................................................................................................... 1 Section 1 – Requirements of the Mitigation Fee Act (AB1600) ................................................................ 2 Section 2 – Annual Report ........................................................................................................................ 3 Fund 350-8020: Park and Recreation Fee ............................................................................................. 3 Fund 350-8030: Storm Drain Facility Fee .............................................................................................. 6 Fund 350-8040: Traffic Circulation Fee ................................................................................................. 9 Funds 350-8050 & 350-8060: Growth Requirement Capital Fee ....................................................... 12 Fund 350-8055: Mobility Fee .............................................................................................................. 17 Fund 350-8080: Public Art Program Fee ............................................................................................. 20 Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge................................ 23 Fund 613: Wastewater Collection Connection & Treatment Fee ....................................................... 27 Fund 360-7050: Affordable Housing In-Lieu Fee ................................................................................ 30 Fund 350-8070: Utility Undergrounding In-Lieu Fee .......................................................................... 33 Section 3 – Fund Summary ..................................................................................................................... 36 Section 4 – Fiscal Years 2018-2019 through 2022-2023 Five-Year Report ............................................. 38
22 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 1
Executive Summary
Development Impact Fees (DIFs) are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law requires local agencies, on an annual basis, to prepare a report on the status of their Development Impact Fee (DIF) program in accordance with California Assembly Bill 1600 (AB1600). This report will serve as the City of Oxnard’s AB1600 report for the fiscal year starting July 1, 2022, and ending June 30, 2023 (FY 22-23).
The City’s In-Lieu fees that new development may choose to pay in lieu of mitigating their impacts through construction are also included in this report. With the additional inclusion of In-Lieu fees, this report has been expanded to also report on the five-year requirements of AB1600. This report will serve as the City of Oxnard’s AB1600 five year report for the fiscal year starting July 1, 2018, and ending June 30, 2023.
The fees for Parks and Recreation, Storm Drain, Traffic Circulation, Growth Requirement Capital (Residential and Non -Residential), Public Art Pro gram, Utility Undergrounding In -Lieu, and Affordable Housing In-Lieu were updated on May 19, 2020, by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020) and Resolution 15,330 adopting the Affordable Housing In Lieu Fee Nexus Study (April 2020). To assist developers with adjusting to the new rates, Council adopted a phased in approach based upon level of fee increase and comparison with surrounding jurisdiction DIFs. The updated fees became effective July 18, 2020, and are adjusted annually using the June Engineering News Record Construction Cost Increase for the Los Angeles region.
The City of Oxnard currently collects the Development Impact Fees and In-Lieu fees listed in the table below. The City fund numbers have been revised to reflect the City’s new financial system.
Fee New Fund
Number
Previous Fund
Number
Parks and Recreation Fee 350-8020 352
Storm Drain Facility Fee 350-8030 353
Traffic Circulation Fee 350-8040 354
Growth Requirement Capital Fee
(Residential & Non-Residential)
350-8050 &
350-8060
355 & 356
Mobility Fee 350-8055 357
Art in Public Places Fee 350-8080 547
Water Resource Development Fee 603 603
Water Capital Facility Charge 605 605
Wastewater Collection Connection & Treatment Fee 613 613/623 Affordable Housing In-Lieu Fee 360-7050 371
Utility Undergrounding In-Lieu Fee 350-8070 358
23 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 2
Section 1 – Requirements of the Mitigation Fee Act (AB1600) Assembly Bill 1600 (AB1600), commonly known as the Mitigation Fee Act, was enacted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:
1. Brief description of the type of fee in the account or fund
2. Amount of the fee
3. Beginning and ending balance in the account or fund
4. Amount of fees collected and the interest earned during the previous year
5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete
7. Description of each inter fund transfer or loan made from the account , including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan
8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:
1. Identification of the purpose to which the fees are to be put
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged
3. Identification of all sources and amounts of funding anticipated to complete financing for incomplete improvements identified as part of the City’s annual report
4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than 15 days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY 22-23, as well as the five-year report for FY 18-19 through FY 22-23. The City previously completed a five-year report in FY 19-20.
24 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 3
Section 2 – Annual Report
The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees . It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified.
Any transfers or loans are also identified as well as any refunds from the account.
Fund 350-8020: Park and Recreation Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The Park and Recreation Fee requires that all
new residential development pay a one -time
fee per residential unit to fund the construction
of new parks. The Park and Recreation Fee
was originally established by Ordinances
1421, 1448, 1696, 1949, and 2031 and was
updated in 2020 via Resolution 15,329.
Requirement 2. Amount of the fee.
The Park and Recreation Fee for FY 22-23 is summarized in Table 1.
Table 1: Park and Recreation Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 2 summarizes the beginning and ending fund balances for the Park and Recreation Fee for FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $5,307 $6,993
Multi Family $3,531 $4,624
Non-Residential
All Non-Residential Exempt Exempt
25 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 4
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 2 summarizes the fees collected and the interest earned for the Park and Recreation Fee during FY 22-23.
Table 2: Park and Recreation Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 3 displays the expenditures on Park and Recreation Fee projects for FY 22-23.
Fund No. 350-8020
Park and Recreation Fee
Beginning Fund Balance as of July 1, 2022 $691,918.66
Revenues
Fees Collected $142,884.93
Interest Earned $15,208.54
Fair Market Value Adjustment1 ($13,518.21)
Other Revenues $0.00
Total Revenues $144,575.26
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($736.00)
Total Expenses ($736.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $835,757.92
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
26 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 5
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 3 summarizes the planned future expenditures for the Park and Recreation Fee and the anticipated construction start date.
Table 3: Park and Recreation Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.
Construction
Start Date2
C9001 / 905701 Cabrillo Neighborhood Park 161,045.00$ -$ -$ 161,045.00$ 100% FY 27-28 C9401 / 945702 Citywide Park Improvement Program 322,292.00$ 43,546.70$ -$ 278,745.30$ 100% FY 27-28 C2104 Campus Park Activation 8,500,000.00$ -$ 850,000.00$ 10% FY 24-25 n/a Skatepark in Colonia 3,000,000.00$ -$ 300,000.00$ 10% FY 24-25 - Indirect Charges 3 -$ -$ 736.00$ -$ - n/a GRAND TOTAL 11,983,337.00$ 43,546.70$ 736.00$ 1,589,790.30$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds and staff resources. 3) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
27 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 6
Fund 350-8030: Storm Drain Facility Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The City imposes a fee on new
development based upon their prorated
share of the cost of constructing the
improvements identified in the City’s
Drainage Master Plan. The City’s Storm
Drain Facility Fees were based on
Ordinance 2258 and Resolution 10274
and were updated as part of the 2020 DIF
update via Resolution 15,329.
Requirement 2. Amount of the fee.
The Storm Drain Facility Fee for FY 22-23 is summarized in Table 4 below.
Table 4: Storm Drain Facility Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 5 summarizes the beginning and ending fund balances for the Storm Drain Facility Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 5 summarizes the fees collected and the interest earned for the Storm Drain Facility Fee during FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per gross AC)
Single Family $18,609 $21,263
Multi Family $25,587 $29,237
Non-Residential (per gross AC)
All Non-Residential $25,587 $29,237
28 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 7
Table 5: Storm Drain Facility Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 6 summarizes the expenditures this past year on storm drain projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 6 summarizes the planned future expenditures for the Storm Drain Facility Fee. The City’s CIP budget team is aware of the available funds for Storm Drain projects and are in the process of identifying applicable projects in the next CIP Budget Plan.
Fund No. 350-8030
Storm Drain Facility Fee
Beginning Fund Balance as of July 1, 2022 $8,472,768.66 Revenues
Fees Collected $1,556,717.27
Interest Earned $193,463.25
Fair Market Value Adjustment1
($172,546.86)
Other Revenues $0.00
Total Revenues $1,577,633.66
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($17,953.00)
Total Expenses ($17,953.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $10,032,449.32
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
29 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 8
Table 6: Storm Drain Facility Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx.
Construction
Start Date2
n/a Citywide SD Construction 13,450,000.00$ -$ -$ 13,450,000.00$ 100% FY 27-28 - Indirect Charges 3 - - 17,953.00$ - - n/a
GRAND TOTAL 13,450,000.00$ -$ 17,953.00$ 13,450,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
30 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 9
Fund 350-8040: Traffic Circulation Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The City charges a fee to all new development and redevelopment in the City that generates additional vehicular trips above what can be reasonably associated with the current use of the property. The fee is used to construct improvements to the circulation system. The City’s Traffic Circulation Fee (Formerly Circulation System Improvement Fee ) was established under Ordinance 2258 and Resolutions 10016, 10673, 13328, 13600, and 13890 and was updated and renamed to the Traffic Circulation Fee during the 2020 DIF update via Resolution 15,329.
Requirement 2. Amount of the fee.
The Traffic Circulation Fees for FY 22-23 are summarized in Table 7.
Table 7: Traffic Circulation Fee
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $10,480.53 $10,919.84
Mobile Home $5,550.85 $5,783.52
Low-Rise Multi Family $8,125.66 $8,466.25
Mid-Rise Multi Family $6,040.06 $6,293.24
High-Rise Multi Family $4,940.41 $5,147.49
Senior Housing $4,440.47 $4,626.59
Commercial (per 1,000 SF)
Office $10,813.11 $11,266.36
Medical Office $6,494.95 $6,767.19
General Commercial (C2) $7,037.80 $7,332.80
Light Industrial $5,505.79 $5,736.57
Warehouse $1,931.10 $2,012.05
New Car Sales $6,605.45 $6,882.32
Church $4,417.94 $4,603.12
Restaurant $20,926.73 $21,803.90
Fast Food w/ Drive Thru $109,796.13 $114,398.39
Fueling Station w/ Car Wash
Self Service Car Wash (per Stall) $29,130.70 $30,351.76 Gas Station (per fueling station) $34,443.00 $45,924.00 Hotel/Motel (per Room)
All Hotel/Motel $5,407.09 $5,633.74
Other (per Average Daily Trip)
Other Uses Not Noted $1,110.38 $1,156.93
31 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 10
Requirement 3. Beginning and ending balance in the account or fund.
Table 8 summarizes the beginning and ending fund balances for the Traffic Circulation Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 8 summarizes the fees collected and the interest earned for the Traffic Circulation Fee during FY 22-23.
Table 8: Traffic Circulation Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 9 summarizes the expenditures this past year on Traffic Circulation Fee projects.
Fund No. 350-8040
Traffic Circulation Fee
Beginning Fund Balance as of July 1, 2022 $15,582,997.65 Revenues
Fees Collected $1,311,558.40
Interest Earned $311,673.26
Fair Market Value Adjustment1
($238,759.82)
Other Revenues $0.00
Total Revenues $1,384,471.84
Expenses
Project Expenses ($953,378.64)
Developer Reimbursement $0.00
Indirect Charges2 ($16,199.00)
Total Expenses ($969,577.64)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $15,997,891.85
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
32 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 11
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 9 summarizes the planned future expenditures for the Traffic Circulation Fee projects.
Table 9: Traffic Circulation Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee2
Approx.
Construction
Start Date3
C1301 / 133101 Rice Avenue & Fifth Street Railroad Grade Separation 131,800,000.00$ 772,160.90$ 11,846.79$ 5,647,088.31$ 4.88% In Progress C1703 / 173102 Oxnard Boulevard & Saviers Road Signal Improvements 3,208,956.00$ 37,025.65$ 34,383.03$ 655,157.32$ 22.64% In Progress C1801 / 183101 Oxnard Boulevard Bicycle Facilities Installation 2,747,978.00$ 26,686.72$ 16,971.50$ 665,169.78$ 25.79% In Progress C1808 / 183114 Traffic Signal Modifications 3,869,273.00$ 25,007.64$ 27.00$ 0.36$ 0.65% In Progress C2003 / 203101 Adaptive Traffic Signal 1,852,000.00$ 288,514.23$ 754,255.82$ 809,229.95$ 100% In Progress C2006 / 203106 Traffic Signal Modernization 6,800,000.00$ 267,693.68$ 135,894.50$ 6,396,411.82$ 100% In Progress C2213 / 223110 US 101 Del Norte Interchange Upgrade4 250,000.00$ -$ -$ 250,000.00$ 100% FY 28-29 C2304 / 233101 Five Points Intersection Modernization 250,000.00$ -$ -$ 250,000.00$ 100% FY 24-25 n/a Traffic Circulation Improvements Fee Study 500,000.00$ -$ -$ 500,000.00$ 100% FY 27-28 n/a Traffic Signal Timing 850,000.00$ -$ -$ 850,000.00$ 100% FY 27-28 - Indirect Charges 5 - - 16,199.00$ - - n/a
GRAND TOTAL 152,128,207.00$ 1,417,088.82$ 969,577.64$ 16,023,057.54$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Project start date anticipated to begin FY28-29 due to Caltrans right of way oversight and funding delay. 5) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
33 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 12
Funds 350-8050 & 350-8060: Growth Requirement Capital Fee Requirement 1. Brief description of the type of fee in the account or fund.
The City’s Growth Requirement Capital
Fee funds general governmental facilities
such as Fire and Police Stations, City
Hall, Corporation Yards, and Recreation
Facilities. The fee is based on Ordinance
2258 and Resolutions 10275, 10996, and
12975 and was updated as part of the
2020 DIF update via Resolution 15,329.
The fee is collected based on additional
covered space created by any new
development. There are two separate
funds for this fee. Fund 355 is for
residential fees and Fund 356 is for non -
residential fees.
Requirement 2. Amount of the fee.
The Growth Requirement Capital Fee for FY 22-23 is summarized in Table 10.
Table 10: Growth Requirement Capital Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 11 and Table 12 summarize the beginning and ending fund balances for the Growth Requirement Capital Fee for FY 22-23. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (Fund 355)
Single Family (per DU) $5,182 $5,981
Multi Family (per DU) $3,256 $3,955
Non-Residential (Fund 356)
Retail (per 1,000 building SF) $1,664 $2,018
Office (per 1,000 building SF) $1,957 $2,409
Industrial (per 1,000 building SF) $915.13 $953.49
Hotel (per Room) $452 $603
34 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 13
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 11 and Table 12 summarize the fees collected and the interest earned for the Growth Requirement Capital Fee during FY 22-23. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.
Table 11: Growth Requirement Capital Fee (Residential) Fund Summary
Fund 350-8050
Growth Requirement Capital Fee (Residential)
Beginning Fund Balance as of July 1, 2022 $1,419,327.56 Revenues
Fees Collected $233,254.45
Interest Earned $29,580.49
Fair Market Value Adjustment1
($8,109.60)
Other Revenues $0.00
Total Revenues $254,725.34
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($12,376.25)
Total Expenses ($12,376.25)
Transfers In $0.00
Transfers Out3 ($434,373.00)
Ending Balance as of June 30, 2023 $1,227,303.65
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
35 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 14
Table 12: Growth Requirement Capital Fee (Non-Residential) Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 13 and Table 14 summarize the expenditures this past year on Growth Requirement Capital Fee projects.
Fund 350-8060
Growth Requirement Capital Fee (Non-Residential)
Beginning Fund Balance as of July 1, 2022 $2,456,669.09 Revenues
Fees Collected $20,194.38
Interest Earned $47,869.07
Fair Market Value Adjustment1 ($27,093.05)
Other Revenues $0.00
Total Revenues $40,970.40
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2
($631.00)
Total Expenses ($631.00)
Transfers In $0.00
Transfers Out3
($137,401.00)
Ending Balance as of June 30, 2023 $2,359,607.49
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
36 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 15
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 13 and Table 14 summarize the planned future expenditures for the Growth Requirement Capital Fee projects.
Table 13: Growth Requirement Capital Fee (Residential) Project Expenditures
Table 14: Growth Requirement Capital Fee (Non-Residential) Project Expenditures
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.
Construction
Start Date3
C1702 / 172201 Fire Station 4 Rebuild 5,800,000.00$ -$ -$ 2,900,000.00$ 50.00% FY 25-26 C2255 / 22AR54 Oxnard Fire Stations No. 2, 3, 5 3,550,000.00$ -$ -$ 1,775,000.00$ 50.00% FY 25-26 - Professional Services/Contract 4 - - 10,611.25$ -$ - n/a - Indirect Charges 5 - - 1,765.00$ -$ - n/a TOTAL PROJE CT E XPE NSE S 9,350,000.00$ -$ 12,376.25$ 4,675,000.00$ - Bond Payments - Civic Center Phase 26 n/a n/a 434,373.00$ 3,330,679.00$ 25.50% n/a GRAND TOTAL 9,350,000.00$ -$ 446,749.25$ 8,005,679.00$ 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Charges related to consulting services for development impact fee reporting requirements. 5) Indirect Charges include central services expenses related to administering the fee program. 6) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%.
Note: Small variances may appear due to rounding.
1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded by
Fee2
Approx.
Construction
Start Date3
C1702 / 172201 Fire Station 4 Rebuild Design 3,250,000.00$ -$ -$ 1,625,000.00$ 50.00% FY 25-26 C2255 / 22AR54 Fire Station 2,3,5 Architecture/Design 3,550,000.00$ -$ -$ 1,775,000.00$ 50.00% FY 25-26 - Indirect Charges 4 - - 631.00$ - - n/a
TOTAL PROJE CT E XPE NSE S 6,800,000.00$ -$ 631.00$ 3,400,000.00$ - Bond Payments - Civic Center Phase 25 n/a n/a 137,401.00$ 1,110,226.00$ 8.50% n/a GRAND TOTAL 6,800,000.00$ -$ 138,032.00$ 4,510,226.00$ 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program. 5) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%.
Note: Small variances may appear due to rounding.
1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 37 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 16
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
Fund 350-8050 had a transfer of $434,373.00 for the debt service payment on the Variable Rate Demand Lease Revenue Refunding Bonds related to the Downtown Civic Center.
Fund 350-8060 had a transfer of $137,401.00 for debt service payment on the same bonds.
The Variable Rate Demand Lease Revenue Refunding Bonds (Civic Center Phase 2 Project), Series 2006 were issued on December 1, 2006 for $24,205,000 to finance the acquisition, construction, and improvement of certain public facilities constituting the Civic Center Phase 2 Project. This debt was refunded on April 30, 2018 as part of the Lease Revenue Refunding Bonds Series 2018. The outstanding balance as of June 30, 2023 is $20,855,000. The impact fee funds 21.29% (or 34% of 62.63% portion of the bond repayment), which means there is an outstanding balance of $4,440,905 allocated to impact fee funds. The impact fee debt service payment is split 75% from Fund 350-8050 and 25% from Fund 350-8060. This means there is an outstanding obligation of $3,330,679 for Fund 350-8050 and $1,110,226 for Fund 350-8060. The payments on these bonds constitute the City’s obligations that exist through the maturity date of the bonds on June 1, 2036.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
38 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 17
Fund 350-8055: Mobility Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The Mobility Fee covers the cost to
mitigate the effects of new development on
the City’s mobility facilities including
sidewalks, bike lanes, pedestrian bridges,
and other similar facilities that are
necessary to improve connectivity within
the City, impr ove bicycle and pedestrian
safety, improve bicycle and pedestrian
access to public transportation stops and
stations, and increase bicycle mode
sharing. This fee was created in the 2020
update by Resolution 15,329.
Requirement 2. Amount of the fee.
The Mobility Fee for FY 22-23 is summarized in Table 15.
Table 15: Mobility Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 16 summarizes the beginning and ending fund balances for the Mobility Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 16 summarizes the fees collected and the interest earned for the Mobility Fee for FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $2,547 $3,396
Multi Family $1,684 $2,245
Non-Residential (per 1,000 SF)
Retail $860 $1,146
Office $1,025 $1,367
Industrial $364 $485
Hotel (per Room) $257 $342
39 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 18
Table 16: Mobility Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 17 summarizes the expenditures this past year on Mobility Fee projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 17 summarizes the planned future expenditures for the Mobility Fee projects.
Fund 350-8055
Mobility Fee
Beginning Fund Balance as of July 1, 2022 $722,541.88
Revenues
Fees Collected $79,754.51
Interest Earned $14,828.27
Fair Market Value Adjustment1 ($11,840.22)
Other Revenues $0.00
Total Revenues $82,742.56
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $805,284.44
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
40 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 19
Table 17: Mobility Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.
Construction
Start Date2
n/a Wooley Road Pedestrian
Improvements3
2,400,000.00$ -$ -$ 2,400,000.00$ 100% FY 27-28 n/a Pedestrian Bridge Improvements at
Channel Islands Bridge 3,4
18,000,000.00$ -$ -$ 250,000.00$ 1.39% FY 28-29 GRAND TOTAL 20,400,000.00$ -$ -$ 2,650,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Project is identified in the City of Oxnard 2022-2027 Capital Improvement Program as unfunded but qualifies for funding from the Mobility Fee Fund. 4) Approximate Construction Start Date is FY28-29 due to NEPA and right-of-way requirements for grant funding. 41 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 20
Fund 350-8080: Public Art Program Fee
Requirement 1. Brief description of the type of fee in the account or fund.
Requirement 2. Amount of the fee.
The Public Art Program Fee for FY 22-23 is summarized in Table 18.
Table 18: Public Art Program Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 19 summarizes the beginning and ending fund balances for the Public Art Program Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 19 summarizes the fees collected and the interest earned for the Public Art Program Fee during FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
All New Development (per building SF) $0.30 $0.33
The Public Art Program Fee is based on
Resolutions No. 9813, 12290, 13013,
13736, and 14124 and was updated as part
of 2020 DIF update via Resolution 15,329.
The purpose of the program is to install
works of art in conjunction with new
development in loca tions accessible to the
public. This fee is designed to enhance the
City’s appearance and mitigate certain
effects of development projects. All new
development projects pay this fee.
42 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 21
Table 19: Public Art Program Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 20 summarizes the expenditures this past year on Public Art Program Fee projects.
Fund 350-8080
Public Art Program Fee
Beginning Fund Balance as of July 1, 2022 $1,157,982.27 Revenues
Fees Collected $53,521.54
Interest Earned $0.00
Fair Market Value Adjustment1 $0.00
Other Revenues $0.00
Total Revenues $53,521.54
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($1,054.00)
Total Expenses ($1,054.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,210,449.81
2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
43 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 22
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 20 summarizes planned future expenditures for Public Art Program Fee projects. The City’s CIP budget team is aware of the additional funds available for Public Art projects and are in the process of identifying further applicable projects. Public Art projects require advanced planning time as it involves multiple stakeholders and evolving design processes.
Table 20: Public Art Program Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.
Construction
Start Date1
n/a Downtown Mural Program 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a Oxnard Sculptures Program 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a Citywide Mural Program 200,000.00$ -$ -$ 200,000.00$ 100% In Progress - Indirect Charges 2 - - 1,054.00$ - - n/a
GRAND TOTAL 700,000.00$ -$ 1,054.00$ 700,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Indirect Charges include central services expenses related to administering the fee program. 44 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 23
Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge Requirement 1. Brief description of the type of fee in the account or fund.
The City collects a Water Resource
Development Fee and Capital
Facility Charge for new, expanded,
or additional service connections
based on the diameter of the meter
installation directly related to the
volume of water required for the
new, expanded, or additional service
connection.
The Water Resource Development Fee pays for the development of new water resources, such as recycled water, to offset demand by new customers, and water conservation projects, reducing water demand. The Water Resource Development Fee was adopted by Ordinance 2624 consistent with the requirement of Government Code Sections 54999 through 54999.6.
The Water Capital Facility Charge pays for master -planned capacity improvements to the City’s water system, such as the addition of new production, treatment, storage, transmission, and distribution facilities. The Water Capital Facility Charge was adopted by Resolution 9717.
Requirement 2. Amount of the fee.
The Water Resource Development Fee and Capital Facility Charge for FY 22 -23 are summarized in Table 21.
Table 21: Water Resource Development Fee and Capital Facility Charge
3/4" $2,792 $341 $3,133
1" $5,583 $682 $6,265
1 1/2 " $8,375 $1,023 $9,398
2" $13,958 $1,706 $15,664
3" $30,708 $3,752 $34,460
4" $47,458 $5,799 $53,257
6" $92,125 $11,257 $103,382
8" $147,958 $18,080 $166,038
10" $315,457 $38,548 $354,005
12" $502,498 $61,404 $563,902
Water Resource
Development Fee
Capital Facility
Charge Total FeesWater Meter Size
45 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 24
Requirement 3. Beginning and ending balance in the account or fund.
Table 22 and Table 23 summarize the beginning and ending fund balances for the Water Resource Development Fee and Capital Facility Charge for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 22 and Table 23 summarize the fees collected and the interest earned for the Water Resource Development Fee and Capital Facility Charge during FY 22-23.
Table 22: Water Resource Development Fee Fund Summary
Fund 603
Water Resource Development Fee
Beginning Fund Balance as of July 1, 2022 $17,681,128.07 Revenues
Fees Collected $664,435.00
Interest Earned $354,830.50
Fair Market Value Adjustment1 ($227,577.80)
Other Revenues $8,956.05
Total Revenues $800,643.75
Expenses
Project Expenses ($26,530.43)
Developer Reimbursement $0.00
Indirect Charges2 ($20,094.00)
Total Expenses ($46,624.43)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $18,435,147.39
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
46 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 25
Table 23: Water Capital Facility Charge Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees. Table 24 and Table 25 summarize the expenditure for this past year for the Water Resource Development Fee and Capital Facility Charge.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Table 24 and Table 25 summarize the planned future expenditures for the Water Resource Development Fee and Capital Facility Charge.
Fund 605
Water Capital Facility Charge
Beginning Fund Balance as of July 1, 2022 $1,507,464.57 Revenues
Fees Collected $80,492.00
Interest Earned $30,566.12
Fair Market Value Adjustment1 ($16,535.61)
Other Revenues $0.00
Total Revenues $94,522.51
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($4,177.00)
Total Expenses ($4,177.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,597,810.08
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
47 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 26
Table 24: Water Resource Development Fee Project Expenditures
Table 25: Water Capital Facility Charge Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from these funds in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.
Construction
Start Date3
C1001 / 106002 Water Distribution: Hueneme Road
Recycled Water Pipeline - Phase II
30,376,345.00$ 2,063,726.28$ 9,163.45$ -$ 39.10% Completed C1101 / 116505 Great ASR Wells 2,574,419.00$ 693,919.98$ 17,366.98$ 30,103.00$ 28.80% In Progress C2021 Recycled Water: Aquifer Storage and
Recovery (ASR) Completion
8,574,419.00$ -$ -$ 643,271.00$ 7.50% FY 27-28 n/a Recycled Water: AWPF
Improvements Phase I
1,000,000.00$ -$ -$ 250,000.00$ 25.00% FY 24-25 n/a Recycled Water: AWPF
Improvements Phase II
56,666,668.00$ -$ -$ 28,333,334.00$ 50% FY 26-27 - Indirect Charges 4 - - 20,094.00$ - - n/a
GRAND TOTAL 99,191,851.00$ 2,757,646.26$ 46,624.43$ 29,256,708.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.
Construction
Start Date3
n/a Recycled Water: AWPF Storage Construction 6,000,000.00$ -$ -$ 3,000,000.00$ 50% FY 27-28 n/a Aquifer Storage and Recovery (ASR) Wells
Construction
31,350,000.00$ -$ -$ 15,675,000.00$ 50% FY 27-28 - Indirect Charges 4 -$ -$ 4,177.00$ - - n/a GRAND TOTAL 37,350,000.00$ -$ 4,177.00$ 18,675,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
48 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 27
Fund 613: Wastewater Collection Connection & Treatment Fee Requirement 1. Brief description of the type of fee in the account or fund.
The City collects a Wastewater Collection Connection & Treatment Fee for new, expanded, or additional service connections. The City imposes fees based on new development’s prorated share of the cost of constructing the improvements identified in the City’s Master Plans for Wastewater Treatment and Conveyance. The current wastewater fees were adopted by Ordinance 2709. The City previously collected two separate fees, the Wastewater Collection Connection Fee and Wastewater Treatment Connection Fee, in Fund 613 and Fund 623 respectively. As of FY 22-23, these two funds have been combined into one fund for both fees.
Requirement 2. Amount of the fee.
The Wastewater Collection Connection & Treatment Fee for FY 22-23 are summarized in Table 26.
Table 26: Wastewater Collection Connection & Treatment Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 27 summarizes the beginning and ending fund balances for the Wastewater Collection Connection & Treatment Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 27 summarizes the fees collected and the interest earned for the Wastewater Collection Connection & Treatment Fee FY 22-23.
Land Use
Wastewater
Collection
Connection Fee
Wastewater
Treatment
Connection Fee Total Fee
Residential
Single Family $1,458.00 $3,798.00 $5,256.00
Apartment1
$1,060.36 $2,762.18 $3,822.54
Mobile Home1
$839.45 $2,186.73 $3,026.18
Non-Residential
Non-Formula Commercial/Industrial $1,458.00 $4,078.80 $5,536.80 Commercial Laundry $1,458.00 $4,539.00 $5,997.00
Restaurants/Food Preparation $1,458.00 $7,092.20 $8,550.20 Formula Industrial User $1,458.00 $7,279.40 $8,737.40
1) Special formulas are used for mobile homes and apartment developments that can be served by a single meter. These formulas can be found in the City's most recently published Fee Schedule.
49 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 28
Table 27: Wastewater Collection Connection & Treatment Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 28 summarizes the expenditures for this past year for the Wastewater Collection Connection & Treatment Fee.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 28 summarizes the planned future expenditures for the Wastewater Collection Connection & Treatment Fee.
Fund 613
Wastewater Collection Connection & Treatment Fee
Beginning Fund Balance as of July 1, 2022 $12,503,284.72 Revenues
Fees Collected $1,152,549.22
Interest Earned $243,581.13
Fair Market Value Adjustment1 ($205,836.79)
Other Revenues $0.00
Total Revenues $1,190,293.56
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($18,896.00)
Total Expenses ($18,896.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $13,674,682.28
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
50 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 29
Table 28: Wastewater Collection Connection & Treatment Fee Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.
Construction
Start Date3
C2236/226605 Wastewater Maintenance Building Expansion 10,000,000.00$ -$ -$ 5,000,000.00$ 50% FY 25-26 n/a Eastern Trunk MH Rehabilitation 3,000,000.00$ -$ -$ 2,000,000.00$ 67% FY 24-25 C2232/226601 Wastewater Collection: Lift Station Improvements 3,000,000.00$ -$ -$ 3,000,000.00$ 100% FY 23-24 C2029/206602 Wastewater Collection: UPRR Central Trunk Sewer Pipe Replacement
6,000,000.00$ -$ -$ 4,000,000.00$ 67% FY 24-25 - Indirect Charges 4 - - 18,896.00$ - - n/a
GRAND TOTAL 22,000,000.00$ -$ 18,896.00$ 14,000,000.00$ 1) Budgets identified by City CIP Staff and are anticipated project budgets that will be reflected in the next CIP update. 2) Subject to change pending CIP Budget plans and available funding. Rounded to the nearest hundredth of the percent. 3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
51 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 30
Fund 360-7050: Affordable Housing In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The City offers an Affordable Housing In-
Lieu fee to provide additional flexibility to
the City and development community to
meet the affordable housing needs
generated by the construction of new
market-rate units . The City’s Affordable
Housing In -Lieu Fees were first
established by Ordinance 2721 adopted
July 18, 2006. The Fees were revised with
Resolution No. 15,330 which adopted the
Affordable Housing In -Lieu Fee Nexus
Study dated April 8, 2020.
Requirement 2. Amount of the fee.
The Affordable Housing In-Lieu Fee for FY 22-23 is summarized in Table 29 below.
Table 29: Affordable Housing In-Lieu Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 30 summarizes the beginning and ending fund balances for the Affordable Housing In-Lieu Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 30 summarizes the fees collected and the interest earned for the Affordable Housing In-Lieu Fee during FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential
Single Family (per DU) $28,750 $36,000
Multi Family for Sale $27,625 $35,000
Multi Family for Rent $22,934 $28,000
52 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 31
Table 30: Affordable Housing In-Lieu Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 31 summarizes the expenditures this past year on affordable housing projects.
Fund 360-7050
Affordable Housing In-Lieu Fee
Beginning Fund Balance as of July 1, 2022 $3,509,433.70 Revenues
Fees Collected $0.00
Interest Earned $120,978.66
Fair Market Value Adjustment1 ($183,051.31)
Other Revenues $0.00
Total Revenues ($62,072.65)
Expenses
Project Expenses ($367,167.04)
Developer Reimbursement $0.00
Indirect Charges2 ($113,808.89)
Total Expenses ($480,975.93)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $2,966,385.12
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
2) Indirect Charges include personnel and resource expenses related to administering the fee program.
53 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 32
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 31 summarizes the planned future expenditures for the Affordable Housing In-Lieu Fee. The City’s CIP budget team and Housing Department are aware of the additional funds available for Affordable Housing project s. Affordable Housing projects often require advanced planning time or are a result of opportune circumstances as they involve multiple stakeholders, specific conditions, and sufficient funding to complete projects.
Table 31: Affordable Housing Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.
Construction
Start Date2
M2103 / 215103 Central Terrace Development Loan 1,366,000.00$ -$ 38,147.36$ 1,327,852.64$ 100% In Progress M2305 OHA Loan Agreement Successor Parcel 212,740.00$ -$ 212,740.00$ -$ 100% Completed n/a 7th and Meta Site Acquisition 120,000.00$ -$ -$ 120,000.00$ 100% FY 23-24 n/a 2051 Mariposa Street and 1250 Azalea Street
Property Acquisition 3
116,280.00$ -$ 116,279.68$ -$ 100% Completed n/a Indirect Charges 4 - - 113,808.89$ - - -
GRAND TOTAL 1,815,020.00$ -$ 480,975.93$ 1,447,852.64$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Contribution to the Housing Authority of the City of Oxnard for the rehabilitation and improvements of the sites. 4) Indirect Charges include personnel and resource expenses related to administering the fee program.
Note: Small variances may appear due to rounding.
54 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 33
Fund 350-8070: Utility Undergrounding In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The City imposes a fee on new development that is located in any part of the City with overhead utility service based upon their prorated share of the cost of undergrounding all overhead utilities in the City. The City’s Utility Undergrounding In-Lieu Fees were based on Ordinance 2207 and were updated as part of the 2020 DIF update via Resolution 15,329.
Requirement 2. Amount of the fee.
The Utility Undergrounding In-Lieu Fee for FY 22-23 is summarized in Table 32 below.
Table 32: Utility Undergrounding In-Lieu Fee
Requirement 3. Beginning and ending balance in the account or fund.
Table 33 summarizes the beginning and ending fund balances for the Utility Undergrounding In-Lieu Fee for FY 22-23.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 33 summarizes the fees collected and the interest earned for the Utility Undergrounding In-Lieu Fee during FY 22-23.
Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
All New Development (per building SF) $0.45 $0.54
55 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 34
Table 33: Utility Undergrounding In-Lieu Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures this past year on utility undergrounding projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 34 summarizes the planned future expenditures for the Utility Undergrounding In- Lieu Fee. The City’s CIP budget team is aware of the available funds for Utility Undergrounding projects and are in the process of identifying applicable projects in the next CIP Budget Plan.
Fund 350-8070
Utility Undergrounding In-Lieu Fee
Beginning Fund Balance as of July 1, 2022 $1,635,600.61 Revenues
Fees Collected $32,603.76
Interest Earned $32,492.49
Fair Market Value Adjustment1 ($20,358.93)
Other Revenues $0.00
Total Revenues $44,737.32
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,680,337.93
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
56 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 35
Table 34: Utility Undergrounding Project Expenditures
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 22-23.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 22-23.
Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.
Construction
Start Date
- Undergrounding of Overhead Utilities - Citywide 2,000,000.00$ -$ -$ 2,000,000.00$ 100% FY 27-28 GRAND TOTAL 2,000,000.00$ -$ -$ 2,000,000.00$ 1) Budget identified by City Staff in preparation for updated CIP project list. 57 ____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 36
Section 3 – Fund Summary
Table 35 provides an accounting of each impact fee fund and a total impact fee account balance .
The table summarizes the starting fund balance, the amount of fees collected, the interest earned, the total expenditures, and the fiscal year ending fund balances.
58 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 37
Table 35: Development Impact Fee Fund Summary
Description
Park Acquisition
& Development
Storm Drain
Facility Fee
Traffic Circulation
Fee
Capital Growth
Fee (Residential)
Capital Growth
Fee (Non-
Residential) Mobility Fee
Public Art
Program Fee
Water Resource
Development Fee
Water Capital
Facility Charge
Wastewater
Collection
Connection &
Treatment Fee
Affordable
Housing
In-Lieu Fee
Utility
Undergrouding
In-Lieu Fee
Fund No. 350-8020 350-8030 350-8040 350-8050 350-8060 350-8055 350-8080 603 605 613 360-7050 350-8070 Starting Balance
As of July 1, 2022 $691,918.66 $8,472,768.66 $15,582,997.65 $1,419,327.56 $2,456,669.09 $722,541.88 $1,157,982.27 $17,681,128.07 $1,507,464.57 $12,503,284.72 $3,509,433.70 $1,635,600.61
RE VE NUE S
Fees Collected $142,884.93 $1,556,717.27 $1,311,558.40 $233,254.45 $20,194.38 $79,754.51 $53,521.54 $664,435.00 $80,492.00 $1,152,549.22 $0.00 $32,603.76 Interest Earned $15,208.54 $193,463.25 $311,673.26 $29,580.49 $47,869.07 $14,828.27 $0.00 $354,830.50 $30,566.12 $243,581.13 $120,978.66 $32,492.49 Fair Market Value Adjustment1 ($13,518.21) ($172,546.86) ($238,759.82) ($8,109.60) ($27,093.05) ($11,840.22) $0.00 ($227,577.80) ($16,535.61) ($205,836.79) ($183,051.31) ($20,358.93) Other Revenues $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,956.05 $0.00 $0.00 $0.00 $0.00 Total Revenues $144,575.26 $1,577,633.66 $1,384,471.84 $254,725.34 $40,970.40 $82,742.56 $53,521.54 $800,643.75 $94,522.51 $1,190,293.56 ($62,072.65) $44,737.32
E XPE NSE S
Project Expenditures $0.00 $0.00 ($953,378.64) $0.00 $0.00 $0.00 $0.00 ($26,530.43) $0.00 $0.00 ($367,167.04) $0.00 Developer Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Charges 2 ($736.00) ($17,953.00) ($16,199.00) ($12,376.25) ($631.00) $0.00 ($1,054.00) ($20,094.00) ($4,177.00) ($18,896.00) ($113,808.89) $0.00 Total E xpenditures ($736.00) ($17,953.00) ($969,577.64) ($12,376.25) ($631.00) $0.00 ($1,054.00) ($46,624.43) ($4,177.00) ($18,896.00) ($480,975.93) $0.00 Transfers in $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Transfers Out $0.00 $0.00 $0.00 ($434,373.00) ($137,401.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Net Transfers $0.00 $0.00 $0.00 ($434,373.00) ($137,401.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E nding Balance
As of June 30, 2023 $835,757.92 $10,032,449.32 $15,997,891.85 $1,227,303.65 $2,359,607.49 $805,284.44 $1,210,449.81 $18,435,147.39 $1,597,810.08 $13,674,682.28 $2,966,385.12 $1,680,337.93 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
Note: Small variances may appear due to rounding.
2) Indirect Charges include expenses for central services, personnel and resource expenses related to administering the fee program. 59 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 38
Section 4 – Fiscal Years 2018-2019 through 2022-2023 Five-Year Report In accordance with Government Code Section 66001, this section addresses the five -year requirements with respect to any remaining funds in the DIF accounts, regardless of whether those funds are committed or uncommitted for FY 18-19 through FY 22-23. The City last completed the Five-Year Report in FY 19-20. The following section provides information necessary to meet the legal requirement for the Five-Year report for the DIF funds.
Requirement 1. Identification of the purpose to which the fees are to be put.
The purpose of the DIFs imposed and collected on new development within the City during FY 18-19 through FY 22-23 was to fund public facilities that are needed to serve the new development within the City as identified in the City’s adopted Development Impact Fee Nexus Studies. The purpose of each fee is identified within Section 2 of the Annual AB1600 Report. Future Projects are identified in each of the individual Fund subsections.
Requirement 2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
There is a proportional relationship between the impact fees charged on new development based upon the need for additional public facilities to serve the additional residents and employees that will be generated by the new development. The City does not have the capacity in its existing public facilities to accommodate these new residents and employees.
By charging the fee based on the additional demand created by each land use, the fees directly correlate to the demand created by each new development. The fees for Parks and Recreation, Storm Drainage, Circulation System Improvements, Capital Growth (Residential and Non-Residential), Mobility, Public Art, Underground Utility In-Lieu, and Affordable Housing In-Lieu were updated in May 2020 by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020) and Resolution 15,330 adopting the Affordable Housing In Lieu Fee Nexus Study (April 2020). Fees for Water Resource Development, Water Capital Facility Charge, and Wastewater Tre atment & Collection were not changed during the 2020 update. Each fee had to undergo rigorous nexus requirements that: identify the purpose of the fee; identify the use to which the fee is to be put; determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed; determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and determine how ther e is a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed.
60 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 39
Requirement 3. Identification of all sources and amounts of funding anticipated to complete financing in incomplete improvements identified as part of the City’s annual report.
Table 36 summarizes the fund balance for each fund as of June 30, 2023, the balances that have been held for longer than five years, as well as the costs of the pending facility projects currently identified in the City’s Capital Improvement Plans. Table 37 lists the future improvements, anticipated construction date and other financing sources that will contribute to the project costs if applicable. Since improvements are triggered based on the timing and location of development, improvements will be programmed as deemed necessary by the City and their CIP prioritization process. All fee programs satisfy the five- year test and have sufficient planned future improvement projects with costs that exceed funds held for more than five years.
Table 36: DIF Funding Balances and Future Project Costs
Requirement 4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund.
The project tables for each Fund within this report (and summarized in Table 37) list the public improvement projects that are anticipated to be constructed using DIF funds.
Anticipated construction start date s are listed based upon when the City anticipates complete funding and staff capacity for the project will be available . Due to CIP priority shifts and the uncertainty of the timing and location of new development , a nticipated construction times may vary until sufficient funds have been collected and priorities identified.
Fund No. Fund Name
Fund Balance
(as of 6/30/23)
Five Year Holdings
Balance
Future Improvement
Project Costs
350-8020 Park Acquisition & Development $835,758 $504,037 $1,589,790 350-8030 Storm Drain Facility Fee $10,032,449 $7,775,976 $13,450,000 350-8040 Traffic Circulation Fee $15,997,892 $1,497,349 $16,023,058 350-8050 Capital Growth Fee (Residential) $1,227,304 $0 $8,005,679 350-8060 Capital Growth Fee (Non-Residential) $2,359,607 $0 $4,510,226 350-8055 Mobility Fee $805,284 $0 $2,650,000
350-8080 Public Art Program Fee $1,210,450 $0 $700,000
603 Water Resource Development Fee $18,435,147 $14,632,121 $29,256,708 605 Water Capital Facility Charge $1,597,810 $1,077,399 $18,675,000 613 Wastewater Collection Connection & Treatment Fee $13,674,682 $10,070,961 $14,000,000 360-7050 Affordable Housing In-Lieu Fee $2,966,385 $1,176,609 $1,447,853 350-8070 Utility Undergrounding In-Lieu Fee $1,680,338 $1,493,901 $2,000,000 61 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 40
Table 37: DIF Projects and Funding Sources
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C9001 / 905701 Cabrillo Neighborhood Park 161,045.00$ 161,045.00$ -$ -$ 161,045.00$ 100% FY 27-28 -$ n/a C9401 / 945702 Citywide Park Improvement Program 322,292.00$ 322,292.00$ 43,546.70$ -$ 278,745.30$ 100% FY 27-28 -$ n/a C2104 Campus Park Activation 8,500,000.00$ 850,000.00$ -$ -$ 850,000.00$ 10% FY 24-25 7,650,000.00$ State & Local Grant Funds n/a Skatepark in Colonia 3,000,000.00$ 300,000.00$ -$ -$ 300,000.00$ 10% FY 24-25 2,700,000.00$ State Grant Funds - Indirect Charges - - -$ 736.00$ - - n/a n/a n/a GRAND TOTAL $11,983,337.00 $1,633,337.00 $43,546.70 $736.00 $1,589,790.30 Fund No. 350-8030: Storm Drain Facility Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Citywide SD Construction 13,450,000.00$ 13,450,000.00$ -$ -$ 13,450,000.00$ 100% 2024 -$ n/a - Indirect Charges - - - 17,953.00$ - - n/a n/a n/a GRAND TOTAL 13,450,000.00$ 13,450,000.00$ -$ 17,953.00$ 13,450,000.00$ Fund No. 350-8040: Traffic Circulation Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1301 / 133101 Rice Avenue & Fifth Street Railroad Grade Separation 131,800,000.00$ 6,431,096.00$ 772,160.90$ 11,846.79$ 5,647,088.31$ 4.88% In Progress 125,368,904$ State & Local Grant Funds C1703 / 173102 Oxnard Boulevard & Saviers Road Signal Improvements 3,208,956.00$ 726,566.00$ 37,025.65$ 34,383.03$ 655,157.32$ 22.64% In Progress 2,482,390$ General Fund, Federal Grant Funds C1801 / 183101 Oxnard Boulevard Bicycle Facilities Installation 2,747,978.00$ 708,828.00$ 26,686.72$ 16,971.50$ 665,169.78$ 25.79% In Progress 2,039,150$ Federal Grant Funds, State & Local Grant Funds C1808 / 183114 Traffic Signal Modifications 3,869,273.00$ 25,035.00$ 25,007.64$ 27.00$ 0.36$ 0.65% In Progress 3,844,238$ Federal Grant Funds C2003 / 203101 Adaptive Traffic Signal 1,852,000.00$ 1,852,000.00$ 288,514.23$ 754,255.82$ 809,229.95$ 100.00% In Progress -$ n/a C2006 / 203106 Traffic Signal Modernization 6,800,000.00$ 6,800,000.00$ 267,693.68$ 135,894.50$ 6,396,411.82$ 100.00% In Progress -$ n/a C2213 / 223110 US 101 Del Norte Interchange Upgrade 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100.00% In Progress -$ n/a C2304 / 233101 Five Points Intersection Modernization 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100.00% In Progress -$ n/a n/a Traffic Circulation Improvements Fee Study 500,000.00$ 500,000.00$ -$ -$ 500,000.00$ 100.00% In Progress -$ n/a n/a Traffic Signal Timing 850,000.00$ 850,000.00$ -$ -$ 850,000.00$ 100.00% In Progress -$ n/a - Indirect Charges - - - 16,199.00$ - - In Progress - n/a GRAND TOTAL 152,128,207.00$ 18,393,525.00$ 1,417,088.82$ 969,577.64$ 16,023,057.54$ 62 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 41
Fund No. 350-8050: Growth Requirement Capital Fee (Residential) Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1702 / 172201 Fire Station 4 Rebuild 5,800,000.00$ 2,900,000.00$ -$ -$ 2,900,000.00$ 50% FY 25-26 2,900,000$ Fund No. 350-8060 C2255 / 22AR54 Oxnard Fire Stations No. 2, 3, 5 3,550,000.00$ 1,775,000.00$ -$ -$ 1,775,000.00$ 50% FY 25-26 1,775,000$ Lost Public Sector Revenue Fund, Fund No. 350-8060 - Professional Services/Contract - - - 10,611.25$ -$ 0% n/a - n/a - Indirect Charges - - - 1,765.00$ -$ 0% n/a - n/a TOTAL PROJE CT E XPE NSE S 6,800,000.00$ -$ 12,376.25$ 1,900,000.00$ - Bond Payments - Civic Center Phase 2 n/a n/a n/a 434,373.00$ 3,330,679.00$ 26% n/a n/a Fund No. 350-8060, General Fund GRAND TOTAL 9,350,000.00$ 4,675,000.00$ -$ 446,749.25$ 8,005,679.00$ Fund No. 350-8060: Growth Requirement Capital Fee (Non-Residential) Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1702 / 172201 Fire Station 4 Rebuild Design 3,250,000.00$ 1,625,000.00$ -$ -$ 1,625,000.00$ 50% FY 25-26 1,625,000$ Fund No. 350-8050 C2255 / 22AR54 Fire Station 2,3,5 Architecture/Design 3,550,000.00$ 1,775,000.00$ -$ -$ 1,775,000.00$ 50% FY 25-26 1,775,000$ Lost Public Sector Revenue Fund, Fund No. 350-8050 - Indirect Charges - - - 631.00$ - - n/a n/a n/a TOTAL PROJE CT E XPE NSE S 6,800,000.00$ 3,400,000.00$ -$ 631.00$ 3,400,000.00$ - Bond Payments - Civic Center Phase 2 n/a n/a n/a 137,401$ 1,110,226$ 9% n/a n/a Fund No. 350-8060, General Fund GRAND TOTAL 6,800,000.00$ 3,400,000.00$ -$ 138,032.00$ 4,510,226.00$ Fund No. 350-8055: Mobility Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Wooley Road Pedestrian Improvements 2,400,000.00$ 2,400,000.00$ -$ -$ 2,400,000.00$ 100% FY 27-28 n/a n/a n/a Pedestrian Bridge Improvements at Channel Islands Bridge 18,000,000.00$ 250,000.00$ -$ -$ 250,000.00$ 1.39% FY 28-29 n/a Federal Grant Funds, State Grant Funds GRAND TOTAL 20,400,000.00$ 2,650,000.00$ -$ -$ 2,650,000.00$ Fund No. 350-8080: Public Art Program Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Downtown Mural Program 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a n/a n/a Oxnard Sculptures Program 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a n/a n/a Citywide Mural Program 200,000.00$ 200,000.00$ -$ -$ 200,000.00$ 100% In Progress n/a n/a - Indirect Charges - - - 1,054.00$ - - n/a n/a n/a GRAND TOTAL 700,000.00$ 700,000.00$ -$ 1,054.00$ 700,000.00$ 63 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 42
Fund No. 603: Water Resource Development Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1001 / 106002
Water Distribution: Hueneme Road Recycled Water Pipeline - Phase II $ 30,376,345.00 $ 11,876,345.00 $ 2,063,726.28 $ 9,163.45 $ - 39% Completed 18,500,000$ Water Resource Fund, Water Bond 2021A Revenue Bond
Fund
C1101 / 116505 Great ASR Wells $ 2,574,419.00 $ 741,389.96 $ 693,919.98 $ 17,366.98 $ 30,103.00 29% In Progress 1,833,029$ State & Local Grant Fund, Water Operating Fund, Water
Bond 2021A Revenue Bond Fund
C2021
Recycled Water: Aquifer Storage and Recovery (ASR)
Completion $ 8,574,419.00 $ 643,271.00 $ - $ - $ 643,271.00 8% FY 27-28 7,931,148$ Water Bond Fund, Fund No. 601 - Water Ops, Water
Resources Grant
n/a Recycled Water: AWPF Improvements Phase I $ 1,000,000.00 $ 250,000.00 $ - $ - $ 250,000.00 25% FY 24-25 750,000$ WIFIA Fund n/a Recycled Water: AWPF Improvements Phase II $ 56,666,668.00 $ 28,333,334.00 $ - $ - $ 28,333,334.00 50% FY 26-27 28,333,334$ WIFIA Fund - Indirect Charges - - - $ 20,094.00 - - n/a GRAND TOTAL 99,191,851.00$ 41,844,339.96$ 2,757,646.26$ 46,624.43$ 29,256,708.00$ Fund No. 605: Water Capital Facility Charge
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Recycled Water: AWPF Storage Construction $ 6,000,000.00 $ 3,000,000.00 $ - $ - $ 3,000,000.00 50.00% FY 27-28 3,000,000$ Fund No. 601 - Water Ops n/a Aquifer Storage and Recovery (ASR) Wells Construction $ 31,350,000.00 $ 15,675,000.00 $ - $ - $ 15,675,000.00 50.00% FY 27-28 15,675,000$ Fund No. 601 - Water Ops - Indirect Charges $ - $ - $ - $ 4,177.00 - - n/a -$ n/a GRAND TOTAL 37,350,000.00$ 18,675,000.00$ -$ 4,177.00$ 18,675,000.00$ Fund No. 613: Wastewater Connection & Treatment Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C2236/226605 Wastewater Maintenance Building Expansion 10,000,000.00$ 5,000,000.00$ -$ -$ 5,000,000.00$ 50% 2022-2027 5,000,000$ Fund No. 611 - Wastewater Ops n/a Eastern Trunk MH Rehabilitation 3,000,000.00$ 2,000,000.00$ -$ -$ 2,000,000.00$ 67% In Progress 1,000,000$ Fund No. 611 - Wastewater Ops C2232/226601 Wastewater Collection: Lift Station Improvements 3,000,000.00$ 3,000,000.00$ -$ -$ 3,000,000.00$ 100% 2022-2027 -$ n/a C2029/206602 Wastewater Collection: UPRR Central Trunk Sewer Pipe Replacement 6,000,000.00$ 4,000,000.00$ -$ -$ 4,000,000.00$ 67% In Progress 2,000,000$ Fund No. 611 - Wastewater Ops - Indirect Charges - -$ - 18,896.00$ - - 2022-2027 - n/a GRAND TOTAL 22,000,000.00$ 14,000,000.00$ -$ 18,896.00$ 14,000,000.00$ 64 _____________________________________________________________________________________
Development Impact Fee Annual Report (FY 22-23) 43
Fund No. 360-7050: Affordable Housing In-Lieu Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
M2103 / 215103 Central Terrace Development Loan 1,366,000.00$ 1,366,000.00$ -$ 38,147.36$ 1,327,852.64$ 100% In Progress n/a n/a M2305 OHA Loan Agreement Successor Parcel 212,740.00$ 212,740.00$ -$ 212,740.00$ -$ 100% Completed n/a n/a n/a 7th and Meta Site Acquisition 120,000.00$ 120,000.00$ -$ -$ 120,000.00$ 100% FY 23-24 n/a n/a n/a 2051 Mariposa Street and 1250 Azalea Street Property Acquisition3 116,280.00$ 116,280.00$ -$ 116,279.68$ -$ 100% Completed n/a n/a n/a Other Charges - - - 113,808.89$ - - - n/a n/a GRAND TOTAL 1,815,020.00$ 1,815,020.00$ -$ 480,975.93$ 1,447,852.64$ Fund No. 350-8070: Utility Undergrounding In-Lieu Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
- Undergrounding of Overhead Utilities - Citywide 2,000,000.00$ - -$ -$ 2,000,000.00$ 100% FY 27-28 n/a n/a GRAND TOTAL 2,000,000.00$ -$ -$ -$ 2,000,000.00$ 65 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: December 19, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Resolution Commending Nellie Estrada for over Thirty-Six Years of Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Nellie Estrada for over thirty-six years of service to the City of Oxnard.
(This item did not originate in Committee.)
BACKGROUND
On December 30, 2023, Nellie Estrada will retire after more than thirty-six (36) years of service to the City of Oxnard.
During her years of service, Nellie held the following job classifications during her career, including: Clerk Typist II, Administrative Secretary II, Secretary III, Administrative Technician, and Administrative Assistant Confidential.
Nellie began her career with the City of Oxnard as a Clerk Typist II on May 11, 1987. Throughout her career, Nellie worked for several City Departments, including: the Housing and Planning Departments for over seven years, and Public Works (Parks Division, and then the Street Maintenance & Repair Division) for nearly ten years. Nellie served as an Administrative Assistant Confidential for the Fire Chiefs in the Fire Department for over eleven and one-half years, and then in the same role for the Police Chiefs at the Police Department, where she held her final position for more than eight years.
During her tenure as an Administrative Assistant Confidential at the Fire Department, she worked with two Fire Chiefs and one Interim Fire Chief, and then at the Police Department with three Police Chiefs.
Over the course of her career, Nellie was selected as the City of Oxnard Employee of the Quarter award in the position of Administrative Secretary III from the Street Maintenance & Repair Division in 1998, and in the position of Administrative Assistant Confidential from the Fire Department in 2011. She also received the Department Employee of the Quarter awards in the position of Secretary II from the Planning Division in 1990, and in the position of Administrative Assistant Confidential from the Police Department in 2020.
Nellie has also volunteered and contributed to various City Committees and/or events in the community, such as City of Oxnard Employee of the Quarter Committee (2013-2015), City of Oxnard Picnic Committee, Oxnard Downtown Parade Committee, Oxnard Centennial Committee, Read Across America, Oxnard Police Interfaith 66 Council, Oxnard Police Department Spooktacular (Halloween event), and December holiday events such as the Oxnard Police Department Heroes and Helpers, and Santa at the Police Station.
Throughout her entire career with the City of Oxnard, Nellie served with great dedication and professionalism, and was an exemplary employee.
We extend our gratitude and best wishes to Nelle Estrada on her retirement.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Jason Benites, Police Chief
ATTACHMENTS
1. CC Resolution for Nellie Estrada 12 06 23 DL
67 CITY COUNCIL OF THE CITY OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING NELLIE ESTRADA FOR OVER THIRTY-SIX YEARS
OF EXEMPLARY SERVICE TO THE CITY OF OXNARD
WHEREAS, Nellie Estrada provided over thirty-six years of exemplary service as an employee of the City of Oxnard; and
WHEREAS, Nellie Estrada began her career with the City of Oxnard as a Clerk Typist II on May 11, 1987, in the Housing Department; and thereafter took a lateral transfer to the Planning Division on February 29, 1988; was promoted to Secretary II in the Planning Division on August 20, 1990; then due to budget cuts was reclassified to Clerk Typist II on September 5, 1994 and was transferred to the Public Works Department - Parks Division; she was reinstated to the position of Administrative Secretary II while underfilling a Secretary III position in the Public Works Department - Street Maintenance & Repair Division on May 22, 1995; promoted to Secretary III in the Street Maintenance & Repair Division on June 1, 1996; promoted to Administrative Technician in the Street Maintenance & Repair Division on September 27, 2003; promoted to Administrative Assistant to the Fire Chief on January 3, 2004, in the Fire Department; then took a lateral transfer to the Police Department on August 24, 2015, as the Administrative Assistant to the Chief of Police, therefore increasing her responsibilities throughout her journey:
and
WHEREAS, throughout her career Nellie Estrada has been selected for the City of Oxnard Employee of the Quarter in the position of Administrative Secretary III from the Streets Division in 1998, and in the position of Administrative Assistant Confidential from the Fire Department in 2011. Nellie has also been selected for the Department Employee of the Quarter in the position of Secretary II from the Planning Division in 1990, and also in the position of Administrative Assistant Confidential from the Police Department in 2020; and WHEREAS, throughout her career Nellie Estrada has volunteered in various City Committees and/or events such as City of Oxnard Employee of the Quarter Committee (2013- 2015), City of Oxnard Picnic Committee, Oxnard Downtown Parade Committee, Oxnard Centennial Committee, Read Across America, Oxnard Police Interfaith Council, Oxnard Police Spooktacular (Halloween event) Committee, and December holiday event committees including Oxnard Police Department Heroes and Helpers, and Oxnard Police Department Santa at the Station; and
WHEREAS, throughout her career Nellie Estrada has earned a reputation for being a dedicated, dependable, courteous, reliable, and responsible employee by her co-workers and members of the community; and
WHEREAS, Nellie Estrada has been a contributor to great causes in the Oxnard community including community-based organizations such as the Oxnard Police Community Foundation and the Oxnard Interfaith Council; and
NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Nellie Estrada for over thirty-six years of 68 exemplary service to the City of Oxnard and extends best wishes for a well-deserved and fulfilling retirement with family and friends.
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
69 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: December 19, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Federal and State Asset Forfeiture Funds
RECOMMENDATION
That the City Council approve a budget appropriation in the amount of $200,000 for the use of Federal (Fund 191 - $140,000) and State (Fund 192 - $60,000) Asset Forfeiture Funds allocated to the City of Oxnard's Police Department.
(This item did not originate in the Committee.)
BACKGROUND
Asset forfeiture is a tool used by law enforcement agencies across the country to deny criminals and criminal organizations their ill-gotten gains through the seizure of related assets. Asset forfeiture is used to disrupt, dismantle, and deter those who prey on the vulnerable for financial gain, including criminal organizations, drug dealers, and white-collar criminals. Forfeited funds are then used to help protect and serve our communities and support law enforcement.
Asset Forfeiture Fund ("AFF") allotments for Oxnard are primarily generated through the Police Department’s Drug Enforcement Unit (“DEU”), which participates in a multi-agency task force that includes the Federal Bureau of Investigation (“FBI”). These seizures involved cash that was connected to illicit narcotics activity and/or money laundering.
The AFF appropriation will be used for various training and equipment purchases not covered via General Fund expenditures. The Police Department intends to fund the following categories of purchases:
• Software and technology to support criminal investigations, as well as recruiting efforts • Briefing room upgrade
• Field and tactical equipment
• Training and seminars related to professional development, and narcotics, homicide, and sexual assault investigations
• Peer support training and furthering employee wellness initiatives
Of note, Government Code sections 7070-7075 (also more commonly known as Assembly Bill 481) require law enforcement agencies to obtain approval from the agency's governing body before purchasing, raising funds for, or acquiring military equipment, by any means, including requesting surplus military equipment from the federal 70 government. Should the Police Department seek to use AFF to purchase tactical equipment which is defined by this statute as military equipment will be brought to the City Council for approval at separate, future meetings.
The Police Department also uses AFF to support community initiatives by providing mini-grants. California Health & Safety Code section 11489(a)(2)(A)(i) mandates that 15% of state asset seizure funds "be used for the sole purpose of funding programs designed to combat drug abuse and gang activity...for high-risk elementary and secondary school students." The designated portion of these seizure funds will be used to work closely with local community-based organizations to accomplish these goals. The Police Department will conduct an application process and will award mini-grants upon approval of this recommendation.
AFF funds must be used by law enforcement agencies for law enforcement purposes only, and cannot replace or supplant existing budgeting or resources.
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
Of the $200,000 appropriation requested, $140,000 will be appropriated to the Federal Asset Seizure Fund 191 (Project #M2005) for training and equipment purchases and $60,000 will be appropriated to the State Asset Seizure Fund 192 (Project #M2005) for equipment purchases and the community based-grant awards. There is sufficient fund balance available in both funds to cover this request. Approval of this recommendation will have no impact on the General Fund.
For Finance Use Only: Asset Seizure-Federal Fund (Org. 1912131 Obj. 52310, 52400 and 53200) Asset Seizure-State Fund (Org. 1922131 Obj. 52400 & 53200) Project M2005
COMMITTEE OUTCOME
This item did not originate in the Committee.
Prepared by: Delia Campbell, Police Finance Manager
ATTACHMENTS
None
71 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: December 19, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]
SUBJECT: Authorization to submit grant applications to Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (Matching requirement of up to $193,815.03)
RECOMMENDATION
That the City Council authorizes:
1. The submission of seven (7) grant applications to the FEMA Assistance to Firefighters Grant (AFG) for $1,948,632, including a 10% local match for the purpose of procuring fifty (50) sets of structural firefighting turnouts, a paramedic squad, paramedic training, EMS training equipment, and USAR, HazMat and Fire Prevention training;
2. The submission of a Fire Prevention and Safety (FP&S) grant application in an amount not to exceed $350,000, including a 5% match for the installation of 5,000 combination smoke and carbon monoxide detectors.
3. The City Manager or designee to execute the grant agreements if grant funds are awarded to the City;
4. 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
5. The Fire Chief or designee to submit non-financial reports.
(The Finance and Governance Committee approved 3-0 on November 28, 2023)
BACKGROUND
The City of Oxnard and surrounding agencies are eligible to submit grant applications to FEMA for consideration of federal funds totaling $1,948,632. Fire departments are eligible to apply for the FEMA Fiscal Year 2023 Assistance to Firefighters Grant (AFG) to obtain critically needed resources necessary for protecting the public and emergency personnel from fire and related hazards. The FY2023 AFG Program has three activities: Operations and Safety, Vehicle Acquisition, and Regional Projects. Within the Operations and Safety category, there are sub-categories of training and equipment. Successful AFG submissions are awarded on an annual basis. The grant funds, if awarded, will fund fifty (50) sets of structural firefighting turnouts, a paramedic squad, paramedic training, EMS training equipment, and USAR, HazMat and Fire Prevention training.
The Fire Prevention and Safety (FP&S) Grant Program (hereafter referred to as the FP&S Program) is the second of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The FP&S Program accomplishes this by providing financial assistance directly to eligible fire departments, national, regional, state, local, tribal and non-profit organizations such as academic (e.g., universities), public health, occupational health, and injury prevention institutions for fire prevention programs and supporting firefighter health and safety research and development.
The City of Oxnard Fire Department has been awarded three FP&S grants for smoke detector and carbon monoxide 72 detector installation in the past. The funding allowed the distribution and installation of 5,000 carbon monoxide detectors and 5,000 smoke detectors in 2014, 2,500 smoke detectors in 2015 and 5,000 combination smoke/carbon monoxide detectors in 2022.
DISCUSSION
Council recently passed a resolution on council actions regarding grant applications. The Oxnard Fire Department believes it was important to bring this agenda item before the Council as the local match for the grants listed in this agenda item does not have a budgeted local match. The local match will be requested in the FY 24-25 budget development process.
This agenda item is being published in anticipation of seven (7) grant applications to be submitted to FEMA in January 2024. The solicitation period for FY2022 AFG grants in 2022 was January 9th 2023 to February 10th 2023. Due to Measure E, this item is being presented prior to confirmation of the funding required by the regional partners; Ventura County Fire Protection District, Ventura City Fire and Fillmore Fire Department, on the Oxnard regional application for USAR training. This will impact the total request, but not the amount required for the City of Oxnard or the local match identified in this report.
The City of Oxnard will submit three (3) applications specifically for the Oxnard Fire Department. These are to purchase a paramedic squad in the amount of $275,000, EMS training equipment in the amount of $250,000 and funding to send one firefighter to paramedic school in the amount of $170,000. The paramedic squad would be purchased to replace the squad that is currently in use at Fire Station #6. The current squad was purchased from the Ventura County Fire Department. It is a 2007 Ford F450 cab and chassis that is due to be replaced. The EMS training equipment will ensure that our personnel get the advanced training we can provide to ensure the continued high-quality care our residents expect. The Fire Department was recently able to purchase a manikin that creates very real training for treating trauma victims, including high fidelity injury patterns, and positive training feedback of interventions to improve firefighter trauma assessment and treatment capabilities. This grant request would add significant capability to our training that would expand the department training aids to include high fidelity for adult patients with complex medical (non-trauma) complaints, while advancing the department's efforts on children and infants. The addition of high fidelity pediatric mankins adds a new enhanced training capability for low frequency, high risk assessment and intervention that is currently unavailable. The funding for paramedic training will allow the City of Oxnard to continue to expand its paramedic capability to meet the growing needs of our residents.
One (1) regional application for Urban Search and Rescue (USAR) training will be submitted by the City of Oxnard. The application will pay for overtime and backfill for Suppression personnel to attend Rope Rescue Technician, Structural Collapse Tech 1 and 2, Confined Space Rescue Tech, Regional Tech Search Specialist, and Regional Task Force Leader courses. The Oxnard Fire Department request for funds will not exceed $292,000. The total grant application request is unknown at the time of publication, while regional partners confirm their funding request. The additional request for regional partners will not affect the local match for the City of Oxnard.
Ventura County Fire Protection District will submit a regional application for fifty (50) sets of structural firefighting turnouts at $6500 per set for a total cost of $325,000. This critical piece of safety equipment is utilized on all structure fires and traffic collisions. Every sworn member of the Fire Department has two sets of turnouts that includes boots, pants, jacket, gloves, hood and helmet. This funding would allow the department to upgrade 50 sets of turnouts. The turnouts being removed from active service would continue to be used in future firefighter recruiting academies.
A regional application for Hazardous Materials Technician and Specialist level classes will be submitted on behalf of the region by Ventura City Fire Department. If funded, $236,632 will pay the tuition, overtime and backfill for fifteen (15) Oxnard Firefighters to attend the 160 hour course Technician training and cover those same costs for ten (10) fire personnel to attend the 80 hour Specialist level class.
The final regional AFG grant request will be submitted by Fillmore Fire Department. The request is a comprehensive list of training for multiple Fire Prevention personnel to receive qualifications and certifications required by the State of California to be qualified as State Fire Marshal Inspectors. It will also fund firefighters interested in joining the Prevention division funding to receive training to become investigators/inspectors. Finally, it will also cover the cost of providing training to the Chief Officers of the department in the role of Fire Marshal. The request for the Oxnard Fire 73 Department will cover all training costs including instructor fees, travel expenses and overtime. The Oxnard Fire Department has reviewed the outstanding certifications for Prevention staff and is requesting funding in the amount not to exceed $400,000.
The FP&S grant is being submitted so the Fire Department can continue to pursue installing smoke detectors for our residents. In 2022, the City of Oxnard had a fire fatality rate five (5) times the California average. According to a report published by the National Fire Protection Agency in 2019, three out of five home fire deaths resulted from homes without smoke detectors or with smoke alarms that were not working. Oxnard mirrors these statistics, with 60% of all residential structure fires occurring in homes without a working smoke detector. Additionally, the risk of dying in a home fire is cut in half with working smoke detectors.
To protect the members of the Oxnard community, the Fire Department will submit an application to FEMA for FP&S funding that will allow the purchase of and cost for staff and volunteers to install, 5,000 dual purpose smoke and carbon monoxide detectors. The detectors to be installed will be tamper-proof with a ten-year life span. The funding request includes funds for personnel costs related to the installation of the smoke detectors in residences. The funds requested will purchase 5,000 dual purpose smoke/carbon monoxide detectors and 15 strobe light smoke/carbon monoxide detectors for the deaf and hearing impaired.
The grant solicitation has not been posted, but the department anticipates the application window opening before the end of March 2023. The request for funding will not exceed $350,000 and requires a 5% local match.
If awarded, the grant period is scheduled to start between April 30th 2024 and September 30th 2024. Historically, the vast majority of grants are awarded between July and the September 30th deadline. As of the time of this report, the grant solicitation has not been posted by FEMA. However, the posting for AFG is anticipated to be posted prior to December 2023 with a submission deadline of January 2024. The FP&S grant application will likely have a submission deadline of February 2024.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
There is a matching funds requirement of 10% for each AFG grant, if awarded. The FP&S grant has a matching requirement of 5%. Expenditures are anticipated to begin in FY 2024-2025. The grant funding and local match will be requested in the proposed Fiscal Year's 2024-2025 budget with local sources mainly coming from the General Fund. The grant term is projected to end 12 months after the notification of award.
There will be an ongoing cost to the General Fund for one firefighter to become a licensed paramedic pursuant to the MOU agreement between the City and the Oxnard Firefighters Association IAFF L1684. The approximate cost of the annual fiscal impact is $9,640.35.
COMMITTEE OUTCOME
The Finance & Governance 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
None
74 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: December 19, 2023
TO: City Council
FROM: Denise Morehouse, Assistant Police Chief, (805) 385-7619, [email protected]
SUBJECT: Sintra Group Agreement
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Sintra Group for a three (3) year term, with a total amount not to exceed $800,000, for Police and Fire Department pre-employment background investigation services.
(This item did not originate in Committee.)
BACKGROUND
The Oxnard Police and Fire Departments conduct extensive pre-employment background investigations on all prospective employees, including sworn positions, professional staff members, and volunteers. Police and Fire Department personnel are dedicated to delivering quality and professional services in all public safety activities to promote community safety, security, and public trust. The goal is to provide for the safety and welfare of Oxnard residents by utilizing effective police and fire services. Hiring qualified employees is critical to meeting these goals.
The Police and Fire Departments use an outside consultant to conduct background investigations to assure compliance with all applicable minimum standards for appointment and to screen out candidates found unsuitable for the position based on their personal history or other relevant information. Background investigations are essential to ensure the Police and Fire Departments hire employees who care for our community and promote public safety and community relations. In addition, background investigations on all police officer and dispatcher applicants are mandatory and must meet the Commission of Peace Officer Standards and Training (POST) requirements. POST audits all police and dispatcher background investigations annually to confirm compliance with their guidelines.
Since January 2020, the Police and Fire Departments have conducted approximately 345 pre-employment background investigations for sworn and professional staff positions, including the processing of 70 fire and 275 police applicants.
The Police Department also currently has 38 vacant positions that will require background investigations. In addition, several anticipated vacancies due to retirements and separations within the Police and Fire Departments will require background investigations in the coming months.
A Request for Proposal (RFP) process was conducted, and eight vendors responded to the RFP. A committee consisting of police and fire personnel conducted independent reviews of the proposals on the following criteria: services offered, experience and qualification, detail and thoroughness of the proposal, cost comparison, and work performance record. Based on the independent judgment of the reviewed criteria, the committee selected Sintra Group.
Sintra Group has specialized in performing public safety background investigations since 2002. The firm is a licensed private investigation firm registered with the State of California Department of Consumer Affairs Bureau of Security and Investigative Services. Sintra Group has conducted over 9,000 police and fire public safety background investigations. The firm utilizes the services of more than 33 licensed investigators who specialize in public safety 75 background investigations. Sintra Group has local investigators who reside in Ventura County, with additional investigators throughout California and several other states.
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
The total cost of this Agreement (#32400302) with Sintra Group shall not exceed $800,000. There is sufficient funding available in the FY2023-2024 General Fund Police and Fire Department's operating budgets to cover the costs of approximately $80,000. Subsequent fiscal years' funding will be included in the annual budget process. The estimated cost per fiscal year is as follows:
Fiscal Year Police - Est. Cost Fire - Est. Cost Total Estimated Cost 2023-2024 $75,000 $5,000 $80,000
2024-2025 $230,000 $100,000 $330,000
2025-2026 $230,000 $20,000 $250,000
2026-2027 $125,000 $15,000 $140,000
For Finance Use Only: General Fund-Police (Org. 1012131 Obj. 53410), General Fund-Fire (Org. 1012501 Obj. 53410)
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Ricardo Vazquez, Police Commander
ATTACHMENTS
1. Sintra Group Professional Services Agreement
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: December 19, 2023
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]
SUBJECT: Updates to Citizen Advisory Group (CAG) Bylaws.
RECOMMENDATION
That the City Council adopt a resolution incorporating modifications to the existing Citizen Advisory Group (CAG) uniform bylaws.
(The Finance and Governance Committee approved 2-0 on November 28, 2023.)
BACKGROUND
In 2019, the City Manager's Office began meeting with Citizen Advisory Group (CAG) chairs and staff with an intention of providing support to improve the overall effectiveness and efficiency of the CAGs, including potentially redefining and realigning CAGs with Council priorities. The 2019 meetings led to a series of topics the Chairs and staff liaisons felt would be beneficial to increase the effectiveness of CAGS including: creating uniform bylaws, agenda templates, goal setting procedures; defining the role of the CAGs and staff liaisons; and developing resources and trainings for CAGs.
The first priority was creating uniform bylaws. Prior to this effort, each CAG operated under a different set of bylaws that often conflicted with another CAG or the City Code. Updating the bylaws provided uniformity across all CAGs to ensure clear direction, fairness, ease of learning if CAG members move between CAGs, to address CAG officers and their duties, secretary and staff liaison duties, meetings and quorums, and absences. The CAGS agreed to the bylaws changes in 2020, but with the COVID-19 pause, staff had the CAG chairs review and approve the bylaws again in March 2022.
On June 21, 2022, the City Council adopted Resolution No. 15,589 approving and establishing uniform bylaws for the following CAGs: Community Relations Commission, Cultural Arts Commission, Commission on Homelessness, Parks, Recreation and Community Services Commission, and Senior Services Commission.
The 2022 bylaws include a provision for each CAG to review and make recommendations on any needed changes to the bylaws. (Article IX, A-C). Changes to the Bylaws require approval of the City Council.
DISCUSSION
In alignment with this article, the bylaws were reviewed on an agenda for each of the five CAGs and no recommended changes were requested. However, the City Manager's Office facilitated a meeting with CAG chairs on September 27, 2023, in which two of the five active CAG chairs participated. During that meeting, the language in italics shows the recommendations that were agreed upon and directly respond to various situations or challenges that occurred since the adoption of the bylaws in June 2022:
1. Article III, Section B:Each Commission shall consist of seven members appointed by the Mayor, with the approval of the City Council. Each council member shall strive to nominate a commissioner from the council 109
members' district to serve on each commission. The Mayor shall nominate one commissioner at-large for each commission.
a. The CAG chairs recommend this change to stress the importance of having CAG members representing each council district and to align the bylaws with language from the City Code
2. Article IV, Section B.1: If the Commission has not elected officers by the second scheduled meeting of the year due to lack of volunteers, the City Manager or his designee may place the Commission on hiatus until current commissioners volunteer to serve as officers.
a. Although the bylaws require the election of Officers in January, in 2023 the Commission on Homelessness did not elect officers until August. The sitting members of the Commission were not interested in volunteering for Officer positions and instead wanted to wait until additional members were appointed (though there were no pending appointments). The Chair is charged with presiding over a meeting, calling special meetings, approving meeting minutes and the annual report as well as developing each CAG agenda with the staff liaison. In the absence of a Chair and Vice Chair, an election of a temporary Chair and Vice Chair must be conducted at the beginning of each meeting. The lack of a consistent chair affects the efficiency of a meeting and the overall effectiveness of a CAG.
3. Article IV, Section C.1.i.5: For the purpose of having an annual retreat or tour of City facilities. a. The Parks, Recreation and Community Services Commission held a special meeting touring City parks in September 2023. This change will allow for future tours of City facilities.
4. Article V, Section B: Meetings shall be public and conducted in a publicly owned building or facility with adequate space for members of the public to attend the meetings.
5. Article V, Section D.5: Is solely advisory to the Commission. a. This is intended to clarify that ad hoc committees of a CAG are solely advisory to that specific CAG.
6. Article V, Section F: If a quorum is not met within ten (10) minutes of the scheduled start time of that meeting, the meeting shall be canceled and adjourned to the next scheduled meeting. Under special circumstances, and with the approval of a majority of members present, the Chair is permitted to wait an additional five (5) minutes for a quorum to be present. If a quorum is not met at that point, the meeting shall be canceled due to lack of quorum and adjourned to next month's meeting.
a. On at least 9 occasions, CAG meetings have been delayed for up to 20 minutes or canceled entirely while waiting for another member to arrive to establish a quorum after the scheduled meeting start time. This has occurred for the following CAGs: Community Relations Commission (3), Parks, Recreation & Community Services Commission (2), Senior Services Commission (1), and Commission on Homelessness (3). In the interest of respecting the CAG volunteer time and guest speakers, staff recommended, and the CAG chairs agreed to this recommended changes.
7. Article VIII: The rules contained in the current edition of Robert's Rules of Order Newly Revisedshall constitute the parliamentary authority for the meetings.
a. Per Measure M, Robert’s Rules of Order Newly Revised is required for all City of Oxnard legislative bodies.
8. Article IX, Section B: The Chairpersons of each Commission shall convene once per year with the City Clerk's Office, City Manager's Office and City Attorney's Office to review and approve, if desired, the recommended changes to these bylaws.
a. Clerical change to provide clarity that a staff representative from each of the offices shall be present at said meeting.
These changes are designed to promote CAG efficiency and effectiveness by emphasizing active participation, timelines and focused efforts and activities. If adopted, this would amend Resolution No. 15,589 to include the changes outlined above, and reflected in Attachment #1. All proposed changes are identified in red in the attachment. The draft bylaws being proposed for approval were sent to all CAG members via email on November 13, 2023 for their review and awareness.
ONGOING & NEXT STEPS:
In an effort to continue to support the efficiency and effectiveness of the CAGs, the City Manager's Office and City Attorney's Office have continued to work with CAG chairs and staff liaisons to address the other priorities developed by the Chairs and CAG liaisons in 2019. To date, the following outcomes have been achieved:
1. Created standardized Bylaws (2022), and completed the annual review (subject agenda item). 110
2. Standardized the following documents for all CAGs: agendas, minutes, meeting cancellation, staff reports, recommendation from CAG to Council, presentation template, and bylaws.
3. Trained CAG chairs and staff support on the annual report process, resulting in three CAG annual reports presented to Council in 2023 (previously only one CAG presented an annual report to Council).
4. Trained CAG staff and chairs on their respective powers and duties; agenda items in support of powers and duties; creation and purpose of ad hoc committees; and responsibilities related to presiding over a CAG.
5. Implemented ongoing training for all Commissioners including: anti-harassment training, ethics training, parliamentary training, and bylaws, brown act, and powers and duties training (provided by City Attorney's Office).
6. Compliance with requirements outlined in the CAG bylaws and City's Sunshine Ordinance including City Attorney's Office review of all agendas, meeting agenda posting deadlines, and reporting attendance to the City Clerk.
7. Established a process for onboarding new commissioners upon appointment.
8. In progress: discussion on goal setting and ensuring agenda/discussion items are in alignment with individual powers and duties and City Council supported priorities and projects.
Staff will continue to provide ongoing support to the CAG chairs, commissioners and staff liaisons and staff support to ensure compliance with training procedures and policies and ensure their efforts are focused and supportive of their powers and duties to increase effectiveness and make volunteer time valuable.
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
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on November 28, 2023 to approve the staff recommendation with a clerical change and forward the item for Council approval.
Prepared by: Samantha Shapiro, Project Manager
ATTACHMENTS
1. Draft CAG Bylaws
2. Draft Resolution for Uniform CAG Bylaws (4)
111
DRAFT
CitizenAdvisoryGroupBylawsPage1
EXHIBIT1CitizenAdvisoryGroups(“CAG”)Bylaws
Rev. 11.27.23 1
112
DRAFT
CitizenAdvisoryGroupBylawsPage2
BYLAWSFORCITIZENADVISORYGROUPSASPROVIDEDINCHAPTER2,ARTICLEIIOFTHEOXNARDCITYCODE ArticleIApplication
ThefollowingbylawsshallapplytothefollowingCityofOxnardCitizenAdvisoryGroups(“CAGs”):SeniorServicesCommission,CommunityRelationsCommission,LibraryBoard,ParksandRecreationandCommunityServicesCommission,CommissiononHomelessness,andCulturalArtsCommission.
Throughoutthesebylaws,“Commission”referstoeachindividualCAG.
ArticleIIPowersandDuties
Thepowersandduties,eligibilityandqualificationsofeachCommissionshallbeestablishedintheOxnardCityCode.
ArticleIIIMembership
A. EachCommissionshallconsistofsevenmembersappointedbytheMayor, withtheapprovaloftheCityCouncil.Eachcouncilmembershallstrivetonominateacommissionerfromthecouncilmembers’districttoserveoneachcommission.Themayorshallnominateonecommissionerat-largeforeachcommission.
B. EachCommissionershallsuccessfullyundergotheCity’sformalbackgroundcheckprocedurespriortoappointmenttoserveonaCommission.
C. ThetermofamemberofaCommissionshallbeestablishedintheOxnardCityCode.
D. Intheeventofavacancy, theCityCouncilshallappointareplacementtocompletethetermofthemembercreatingthevacancy.
ArticleIVOfficers
Rev. 11.27.23 2
113
DRAFT
CitizenAdvisoryGroupBylawsPage3
A. EachCommissionshallelectaChairpersonandVice-Chairperson(the“Officers”).
B. AtanannualmeetingscheduledinJanuaryofeachyear, theOfficersshallbeelectedbyamajorityoftheCommissionmemberspresent.TheOfficersshallserveaone-yearterm.1. IftheCommissionhasnotelectedOfficersbythesecondscheduledmeetingoftheyearduetolackofvolunteers,theCityManagerorhisorherdesigneemayplacetheCommissiononhiatusuntilcurrentCommissionersvolunteertoserveasOfficers.
C. ThedutiesoftheOfficersshallbeasfollows:
1. Chairperson- (a)TopresideatallmeetingsoftheCommission;(b)TocallspecialmeetingswithconcurrencefromtheStaff Liaison;(c)Signapprovedmeetingminutes;and(d)Prepare,submit,andpresentanannualreportofactivitiesoftheCommissiontotheCityCouncili. SpecialMeetingsshallbelimitedtothefollowingcircumstances:1. Theregularmeetingcannotbeheldthatmonthbecauseitlandsonaholiday;2. Thetimeorlocationofthemeetingisdifferentfromitsregularmeetingtime/location;3. Themeetingmustberescheduledduetoalackofquorum;4. TheCommissionmustvoteonanurgencyitem.AnurgencyitemisoneinwhichtheCommission’sdirectionisvitaltotheCityCouncil’sdecision,andtheCommissioncannotconsidertheitemataregularlyscheduledCommissionmeeting,beforetheCityCouncilconsiderstheitem,withoutviolatingtheCity’sSunshineOrdinance;or5. ForthepurposeofhavinganannualretreatortourofCityfacilities.
2. Vice-Chairperson- ToperformthedutiesoftheChairpersonintheeventofhis/herabsence,resignationorinabilitytoperformthedutiesofoffice.
D. SecretaryandStaff Liaison
1. EachCommissionshallhaveasecretaryandastaff liaison.TheSecretaryandStaff Liaisonmaybethesameperson.
Rev. 11.27.23 3
114
DRAFT
CitizenAdvisoryGroupBylawsPage4
2. TheSecretaryshallhavethefollowingdutiesatallCommissionmeetings:(a)Attend;(b)Keepminutes;(c)AssisttheChairpersonandStaff Liaisoninpreparingagendas;(d)Prepareanddistributeagendasandagendapackets;(e)EnsureagendasarepreparedandnoticedinaccordancewiththeCity’sSunshineOrdinance;(f)EnsureagendasarereviewedandapprovedbytheCityAttorney’sOfficepriortoposting;(g)Maintainattendancerecords;and(h)ProvidetheCityClerkanattendancelistwithin24hoursofaCommissionmeeting.
3. TheLiaisonshallhavethefollowingduties:(a)Attend;(b)PrepareagendasincollaborationwiththeChairperson;(c)CoordinatepresentationsonbehalfoftheCommission;and(d)CommunicatetheCommission’sconcernstotheCityManagerorotherstaff whennecessary.
ArticleVMeetings/Quorum
A. TheCommissionshallconductregularmeetingsonceeachmonth.Theexactdates,timeandlocationofthemeetingsshallbedeterminedbyavoteoftheCommissionattheannualmeetinginJanuary. TheStaff Liaisonmaycancelascheduledmeeting,withconcurrencefromtheChairperson,iftheCommissiondoesnothaveanybusinesstoconsideratthatmeeting.
B. Meetingsshallbepublicandshallbeconductedinapubliclyownedbuildingorfacilitywithadequatespaceformembersofthepublictoattendthemeetings.
C. Amajorityofthecommissionpositionsfilledatthetimeofameetingshallconstituteaquorumforthetransactionofbusiness.
D. TheCommissionmayestablishAdHoc,butnotStandingCommittees.AnAdHocCommitteeis:1. ComprisedsolelyofmembersoftheCommission;and2. ConsistsoflessthanaquorumoftheCommission;and3. Hasadefinedpurposeandtimeframetoaccomplishthatpurpose;and4. Isdissolvedafterthepurposeiscomplete;and5. IssolelyadvisorytotheCommission.
E. AmajorityoftheCommissionortheChairpersonmaycallaSpecialMeetingwiththeconcurrenceoftheStaff Liaison.
Rev. 11.27.23 4
115
DRAFT
CitizenAdvisoryGroupBylawsPage5
F. Aquorummustbemetwithinten(10)minutesofthescheduledmeetingstarttime.Underspecialcircumstances,andwiththeapprovalofamajorityofmemberspresent,theChairispermittedtowaitanadditionalfive(5)minutesforaquorumtobepresent.Ifaquorumisnotmetatthatpoint,themeetingshallbecanceledduetolackofquorumandadjournedtothenextmonth’sscheduledmeeting.
ArticleVIAbsences
A. IfanymemberoftheCommissionhasthreeormoreconsecutiveunexcusedabsences,orisabsent,excusedorunexcused,formorethanhalfofthemeetingsinacalendaryear, themembershallbedeemedtohaveresignedfromtheCommission.
B. Ifacommissionisgoingtobeabsent,thecommissionershallnotifytheSecretarynolessthansixtyminutespriortothestartofthemeeting.Failuretodososhallbedeemedanunexcusedabsence.
C. Anabsencemaybedeemedexcusedforthefollowingreasons:sickness/illness,anemergencybeyondthecommissioner’scontrol,observanceofareligiousholidayoramedicalappointmentthatcannotberescheduled.
D. TheSecretaryshallnotifytheCityClerkinwritingofanysuchconsecutiveabsences.ThemembershallbedeemedtohaveresignedfromtheCommissiononthedatethattheCityClerkreceivesnoticefromtheSecretary.
E. Shouldanymemberbeabsentwithoutgoodcauseformorethanthreeconsecutivemeetings,theSecretaryshallimmediatelyinformtheCityClerkofsuchfact.EffectiveonthedateofreceiptofsuchnoticebytheCityClerk,suchmembershallbedeemedtohaveresignedfromtheCommission.
ArticleVIICoordinationwithCityCouncil
TheStaff LiaisonshallassoonaspossibleinformtheCityCouncil,throughtheCityManager, ofrecommendationsmadebytheCommission.TheStaff LiaisonshallinformtheCommissiononthestatusoftherecommendationsaswarranted.
ArticleVIIIRulesofOrder
Rev. 11.27.23 5
116
DRAFT
CitizenAdvisoryGroupBylawsPage6
Therulescontainedin thecurrenteditionof Robert'sRulesof OrderNewlyRevisedshallconstitutetheparliamentaryauthorityforthemeetings.
ArticleIXAmendments
A. Onceperyear, eachCommissionshallreviewthesebylaws,andmakerecommendationstotheirrespectiveChairpersons.
B. TheChairpersonsofeachCommissionshallconveneonceperyearwiththeCityClerk’sOffice, CityManager’s OfficeandCityAttorney’s Officeto reviewandapprove,ifdesired,therecommendedchangestothesebylaws.
C. TheCityCouncilshallapproveamendmentstothesebylaws.
ArticleXEffectiveDate
ThesebylawsshallgointoeffectuponapprovalbyCityCouncil.
Rev. 11.27.23 6
117
CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.____
ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAMENDINGEXISTINGUNIFORMBYLAWSFORVARIOUSCITIZENADVISORYGROUPS WHEREAS, the City Council has established Citizen Advisory Groups (“CAGs”) that makerecommendations to the City Council on matters within the subject matter jurisdiction of thoseCAGs; and WHEREAS, on June 21, 2022, City Council adopted uniform bylaws for the followingCAGs: Community Relations Commission, Cultural Arts Commission, Commission onHomelessness, Parks, Recreation and Community Services Commission, and Senior ServicesCommission; and WHEREAS, the bylaws provide uniformity across all CAGs to ensure clear direction,fairness, ease of learning if CAGmembers move between CAGs, and to address CAGofficersandtheir duties, secretaryandstaff liaisonduties, meetingsandquorums, andabsences; and WHEREAS, Article IX of the uniform bylaws require the CAGs to annually review andproviderecommendedchangestothebylaws; and WHEREAS, the bylaws were presented to the CAGs in Fall 2023 for review andrecommendations, andwereapprovedbytheCAGsonthedatesbelow:
● CommunityRelationsCommission: August 21, 2023● Cultural ArtsCommission: August 2, 2023● CommissiononHomelessness: September 11, 2023● Parks, Recreation&CommunityServicesCommission: August 23, 2023● Senior ServicesCommission: September 12, 2023; and WHEREAS, theproposedbylawswithamendmentswerepresentedtotheCAGChairsandapprovedonSeptember 27, 2023; and WHEREAS, theCityCouncil wishestoamendtheexistinguniformCAGbylaws.
NOW, THEREFORE, theCityCouncil of theCityof Oxnardresolvesasfollows:
Section 1. The amended uniform CAG bylaws, attached hereto as Exhibit 1 andincorporatedhereinbyreference, areadopted.
PASSEDANDADOPTEDTHIS19dayof December, 2023, bythefollowingvote:
ResolutionNo. 1
118
AYES:
NOES:
ABSENT:
ABSTAIN:
JohnC. Zaragoza, Mayor
ATTEST:
RoseChaparro, CityClerk
APPROVEDASTOFORM:
StephenM. Fischer, CityAttorney
ResolutionNo. 2
119
EXHIBIT1
[OnthePagetoFollow]
ResolutionNo. 3
120
BYLAWSFORCITIZENADVISORYGROUPSASPROVIDEDINCHAPTER2,ARTICLEIIOFTHEOXNARDCITYCODE ArticleIApplication
ThefollowingbylawsshallapplytothefollowingCityofOxnardCitizenAdvisoryGroups(“CAGs”):SeniorServicesCommission,CommunityRelationsCommission,LibraryBoard,ParksandRecreationandCommunityServicesCommission,CommissiononHomelessness,andCulturalArtsCommission.
Throughoutthesebylaws,“Commission”referstoeachindividualCAG.
ArticleIIPowersandDuties
Thepowersandduties,eligibilityandqualificationsofeachCommissionshallbeestablishedintheOxnardCityCode.
ArticleIIIMembership
A. EachCommissionshallconsistofsevenmembersappointedbytheMayor, withtheapprovaloftheCityCouncil.Eachcouncilmembershallstrivetonominateacommissionerfromthecouncilmembers’districttoserveoneachcommission.Themayorshallnominateonecommissionerat-largeforeachcommission.
B. EachCommissionershallsuccessfullyundergotheCity’sformalbackgroundcheckprocedurespriortoappointmenttoserveonaCommission.
C. ThetermofamemberofaCommissionshallbeestablishedintheOxnardCityCode.
D. Intheeventofavacancy, theCityCouncilshallappointareplacementtocompletethetermofthemembercreatingthevacancy.
ArticleIVOfficers
A. EachCommissionshallelectaChairpersonandVice-Chairperson(the“Officers”).
ResolutionNo. 4
121
B. AtanannualmeetingscheduledinJanuaryofeachyear, theOfficersshallbeelectedbyamajorityoftheCommissionmemberspresent.TheOfficersshallserveaone-yearterm.1. IftheCommissionhasnotelectedOfficersbythesecondscheduledmeetingoftheyearduetolackofvolunteers,theCityManagerorhisorherdesigneemayplacetheCommissiononhiatusuntilcurrentCommissionersvolunteertoserveasOfficers.
C. ThedutiesoftheOfficersshallbeasfollows:
1. Chairperson- (a)TopresideatallmeetingsoftheCommission;(b)TocallspecialmeetingswithconcurrencefromtheStaff Liaison;(c)Signapprovedmeetingminutes;and(d)Prepare,submit,andpresentanannualreportofactivitiesoftheCommissiontotheCityCouncili. SpecialMeetingsshallbelimitedtothefollowingcircumstances:1. Theregularmeetingcannotbeheldthatmonthbecauseitlandsonaholiday;2. Thetimeorlocationofthemeetingisdifferentfromitsregularmeetingtime/location;3. Themeetingmustberescheduledduetoalackofquorum;4. TheCommissionmustvoteonanurgencyitem.AnurgencyitemisoneinwhichtheCommission’sdirectionisvitaltotheCityCouncil’sdecision,andtheCommissioncannotconsidertheitemataregularlyscheduledCommissionmeeting,beforetheCityCouncilconsiderstheitem,withoutviolatingtheCity’sSunshineOrdinance;or5. ForthepurposeofhavinganannualretreatortourofCityfacilities.
2. Vice-Chairperson- ToperformthedutiesoftheChairpersonintheeventofhis/herabsence,resignationorinabilitytoperformthedutiesofoffice.
D. SecretaryandStaff Liaison
1. EachCommissionshallhaveasecretaryandastaff liaison.TheSecretaryandStaff Liaisonmaybethesameperson.
2. TheSecretaryshallhavethefollowingdutiesatallCommissionmeetings:(a)Attend;(b)Keepminutes;(c)AssisttheChairpersonandStaff Liaisoninpreparingagendas;(d)Prepareanddistributeagendasandagendapackets;(e)EnsureagendasarepreparedandnoticedinaccordancewiththeCity’sSunshineOrdinance;(f)EnsureagendasarereviewedandapprovedbytheCityAttorney’s ResolutionNo. 5
122
Officepriortoposting;(g)Maintainattendancerecords;and(h)ProvidetheCityClerkanattendancelistwithin24hoursofaCommissionmeeting.
3. TheLiaisonshallhavethefollowingduties:(a)Attend;(b)PrepareagendasincollaborationwiththeChairperson;(c)CoordinatepresentationsonbehalfoftheCommission;and(d)CommunicatetheCommission’sconcernstotheCityManagerorotherstaff whennecessary.
ArticleVMeetings/Quorum
A. TheCommissionshallconductregularmeetingsonceeachmonth.Theexactdates,timeandlocationofthemeetingsshallbedeterminedbyavoteoftheCommissionattheannualmeetinginJanuary. TheStaff Liaisonmaycancelascheduledmeeting,withconcurrencefromtheChairperson,iftheCommissiondoesnothaveanybusinesstoconsideratthatmeeting.
B. Meetingsshallbepublicandshallbeconductedinapubliclyownedbuildingorfacilitywithadequatespaceformembersofthepublictoattendthemeetings.
C. Amajorityofthecommissionpositionsfilledatthetimeofameetingshallconstituteaquorumforthetransactionofbusiness.
D. TheCommissionmayestablishAdHoc,butnotStandingCommittees.AnAdHocCommitteeis:1. ComprisedsolelyofmembersoftheCommission;and2. ConsistsoflessthanaquorumoftheCommission;and3. Hasadefinedpurposeandtimeframetoaccomplishthatpurpose;and4. Isdissolvedafterthepurposeiscomplete;and5. IssolelyadvisorytotheCommission.
E. AmajorityoftheCommissionortheChairpersonmaycallaSpecialMeetingwiththeconcurrenceoftheStaff Liaison.
F. Aquorummustbemetwithinten(10)minutesofthescheduledmeetingstarttime.Underspecialcircumstances,andwiththeapprovalofamajorityofmemberspresent,theChairispermittedtowaitanadditionalfive(5)minutesforaquorumtobepresent.Ifaquorumisnotmetatthatpoint,themeetingshallbecanceledduetolackofquorumandadjournedtothenextmonth’sscheduledmeeting.
ArticleVI
ResolutionNo. 6
123
Absences
A. IfanymemberoftheCommissionhasthreeormoreconsecutiveunexcusedabsences,orisabsent,excusedorunexcused,formorethanhalfofthemeetingsinacalendaryear, themembershallbedeemedtohaveresignedfromtheCommission.
B. Ifacommissionisgoingtobeabsent,thecommissionershallnotifytheSecretarynolessthansixtyminutespriortothestartofthemeeting.Failuretodososhallbedeemedanunexcusedabsence.
C. Anabsencemaybedeemedexcusedforthefollowingreasons:sickness/illness,anemergencybeyondthecommissioner’scontrol,observanceofareligiousholidayoramedicalappointmentthatcannotberescheduled.
D. TheSecretaryshallnotifytheCityClerkinwritingofanysuchconsecutiveabsences.ThemembershallbedeemedtohaveresignedfromtheCommissiononthedatethattheCityClerkreceivesnoticefromtheSecretary.
E. Shouldanymemberbeabsentwithoutgoodcauseformorethanthreeconsecutivemeetings,theSecretaryshallimmediatelyinformtheCityClerkofsuchfact.EffectiveonthedateofreceiptofsuchnoticebytheCityClerk,suchmembershallbedeemedtohaveresignedfromtheCommission.
ArticleVIICoordinationwithCityCouncil
TheStaff LiaisonshallassoonaspossibleinformtheCityCouncil,throughtheCityManager, ofrecommendationsmadebytheCommission.TheStaff LiaisonshallinformtheCommissiononthestatusoftherecommendationsaswarranted.
ArticleVIIIRulesofOrder
Therulescontainedin thecurrenteditionof Robert’s Rulesof OrderNewlyRevisedshallconstitutetheparliamentaryauthorityforthemeetings.
ArticleIXAmendments
ResolutionNo. 7
124
A. Onceperyear, eachCommissionshallreviewthesebylaws,andmakerecommendationstotheirrespectiveChairpersons.
B. TheChairpersonsofeachCommissionshallconveneonceperyearwiththeCityClerk’sOffice,CityManager’s OfficeandCityAttorney’s Officeto reviewandapprove,ifdesired,therecommendedchangestothesebylaws.
C. TheCityCouncilshallapproveamendmentstothesebylaws.
ArticleXEffectiveDate
ThesebylawsshallgointoeffectuponapprovalbyCityCouncil.
ResolutionNo. 8
125
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8
DATE: December 19, 2023
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: List of City Manager Approved Contracts - Informational Only.
RECOMMENDATION
That the City Council receive and file the list of City Manager approved contracts for the period July 1, 2023 through November 30, 2023.
(This item did not originate in Committee.)
BACKGROUND
Per City Code Chapter 4: Public Projects; Purchasing and Contracting allows the City Manager to approve any procurement contract or purchase order up to $200,000 annually. Additionally, the City Manager may approve any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed $200,000 annually. The attached list of contracts, purchase orders and amendments meet the criteria of amounts of being between $101,000 to $200,000 annually (including all prior amendments) for the period between July 1, 2023 through November 30, 2023.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, Executive Assistant I
ATTACHMENTS
1. City Manager Contract List - July 1, 2023 through November 30, 2023
126
127
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9
DATE: December 19, 2023
TO: City Council
FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected]
SUBJECT: License for NEOGOV Human Resources Management System (HRMS) Software
RECOMMENDATION
That City Council approve and authorize the Mayor to execute Agreement No. 32400308 with Governmentjobs.com, Inc. (“NEOGOV”) in the amount of $128,548.44 for Human Resources Management System (HRMS) software.
(This item did not originate in Committee.)
BACKGROUND
The City has utilized various modules of the NEOGOV Human Resources Management System (HRMS) software since 2016. NEOGOV’s HRMS solution was selected on the basis of its ease of use for human resource professionals and job applicants, as well as its fully-integrated suite of HRMS applications for government. The majority of local governments of any significant size are standardized on the NEOGOV platform.
In October 2016, the City entered into Agreement #7640-16-HR with NEOGOV for a subscription to its online job applicant tracking system called “Insight." This product provides recruitment, selection, applicant tracking and reporting to streamline the hiring process. In 2017, the subscription was expanded via Agreement No. 7859-17-HR to include an employee performance evaluation module called “Perform,” which replaced manual systems and provided for tracking of progress on measured organizational alignment and progress against goals. Additional modules were added in June 2021 via Agreement No. 9295-21-HR and included a learning management system (“Learn”), a product for new hire testing (“Biddle”), an employee onboarding system (“OnBoard”), and other ancillary module subscriptions that further integrated human resources functions into the City’s systems. A texting feature is currently being added to enable the City’s recruiters to connect more quickly and frequently with job candidates. The total spent on all modules since the first agreement in 2016 is $400,722.
Unfortunately, since the prior agreements 7640-16-HR and 7859-17-HR expired by 2021 and were not extended, costs for the Insight and Perform modules were inadvertently charged to Agreement 9295-21-HR while the City continued to subscribe to all modules. As a result, there is insufficient funding in Agreement 9295-21-HR to pay for all the modules the City utilizes in Fiscal Year 2023-24. Consequently, staff is requesting authority to enter into a new agreement for Fiscal Year 2023-24, which will consolidate all the modules used by the City. Staff will concurrently cancel the balance in Agreement 9295-21-HR.
The attached Agreement 32400308 totaling $128,548.44 will pay for all the modules utilized by the City for Fiscal Year 2023-24 including Perform, Onboard, Learn, Insight, Biddle, and all ancillary modules.
The Information Technology (IT) Department has now taken over the administration of software agreements, including the attached NEOGOV agreement, and will be managing it going forward. In early 2024, it is expected that the IT Department will be requesting that City Council approve an amendment to the attached agreement for an additional 3- year term.
128
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact. Sufficient FY2023-24 budget is available in the Information Technology Department’s operating fund (731) to pay for the cost of the agreement.
For Finance Use Only: Information Technology Fund (Org. 7311801 Obj. 53001)
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Steve Naveau, Human Resources Director
ATTACHMENTS
1. Attachment No 1 - NEOGOV Agreement 32400308 signed
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.10
DATE: December 19, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32400196 with South Coast, LLC dba South Coast Emergency Vehicle Service for Maintenance, Inspection and Repair of Pierce Fire Apparatuses for the City’s Fire Department.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with South Coast, LLC dba South Coast Emergency Vehicle Service for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $900,000 for the maintenance, inspection and repair of the City’s Fire Department Pierce fire apparatuses on an on-call/as needed basis.
(Public Works and Transportation Committee approved 3-0 on November 28, 2023)
BACKGROUND
The Fleet Services Division of the Public Works Department performs maintenance and repairs on the Fire Department’s trucks and equipment. Fifteen of these are Pierce fire apparatuses. Although the Fleet Division performs the majority of the maintenance on these vehicles, Fleet Services requires a vendor to provide as-needed repairs and overflow maintenance to minimize downtime of these critical emergency vehicles.
The City of Oxnard Fire Department has standardized its emergency apparatus fleet with Pierce equipment. South Coast Emergency Vehicle Service, located in Ontario, CA, is the exclusive Pierce dealership for parts, service and support for the Southern California Region. Fleet Services has been using South Coast Emergency Vehicle Service for over 18 years.
Any aerial certifications, major pump rebuilds or warranties are performed by authorized dealers; therefore, it is necessary to obtain warranty, repairs and OEM parts from South Coast Emergency Vehicle Service.
DISCUSSION
South Coast Emergency Vehicle Service is the only maintenance and repair shop in southern california authorized by Pierce. City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services. Having access to the authorized repair shop with access to OEM parts ensures maintenance can be performed in an efficient manner and warranty services can be obtained.
The Fire Department operates 24 hours a day, seven days a week providing a full range of emergency and non-emergency services to the community. These fire apparatuses must be operable and ready to respond at a moment’s notice to emergency situations.
The Pierce fire apparatuses are extremely complex with several mechanical, electrical, and hydraulic systems. In order to keep them in reliable condition, maintenance service must be completed as scheduled with minimal downtime. In order to keep up with the maintenance and repairs, Fleet Services at times will require some of these services and repairs to be performed by South Coast Emergency Vehicle Service under the direction of Fleet Services. Most of the services will be 146
provided at South Coast Emergency Vehicle Service’s facilities. However, there may be an occasion when minor services, warranties or recalls are performed by the vendor on City property.
South Coast Emergency Vehicle Service is located in Ontario, CA and meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the services in this Agreement. Thus, staff recommends that the City Council award this Agreement to South Coast, LLC dba South Coast Emergency Vehicle Service.
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 for this agreement with South Coast, LLC shall not exceed $900,000 through December 19, 2028, if extended. Funding will begin in Fiscal Year 2023-24 and there are sufficient funds in the Fleet Services Fund (741) in the City Council-approved FY 2023-24 operating budget. Subsequent fiscal year funding will be requested in the annual budget process.
Estimated Spending Plan for South Coast,
LLC
Account
Number
FY 2023-24
8 months
FY 2024-25
12 months
FY 2025-
26 12
months
FY 2026-27
12 months
FY 2027-28
12 months
FY 2028-29
4 months TOTAL
7413750-
55030
$35,000 $90,000 $90,000 $90,000 $90,000 $55,000 $450,000 7413750-
52110
$35,000 $90,000 $90,000 $90,000 $90,000 $55,000 $450,000
TOTAL $70,000 $180,000 $180,000 $180,000 $180,000 $110,000 $900,000
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: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager
ATTACHMENTS
1. Agreement 32400196
147
TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND SOUTH COAST, LLC
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of South Coast , LLC (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES. This Agreement is for the maintenance, inspection, and repair of Pierce fire apparatuses for the City ’s fire department.
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 South Coast, LLC (“SERVICE PROVIDER”), a corporation of the State of California, located at 2020 Baker Avenue, Ontario, California 91761
3. TERM OF AGREEMENT: From: December 20, 2023 to: December 19, 2024
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consec
utive (1) one-year extensions, in
accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.3 Any Optional Extension ( initial term, plus any option to extend) shall not exceed a total of five (5) y ears. The CITY in its sole discretion may exercis e the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall is sue 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.
Agreement No. 32400196
148
3.4 A
ll services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $ 900,000.
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-V Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services sha ll be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Jose Arreola Name: Matthew Szafranek Title: Fleet Services Manager Title: General Manager Phone: 805-385-8011 Phone: 909-930-2278 Email: [email protected] E mail: [email protected]
Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave. Bldg. 2
Oxnard, California 93030
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
Agreement No. 32400196
149
7.3. A
ll proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
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 forty - five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore.
The CITY may withhold payment for such disputed items until resolution of the dispute.
Agreement No. 32400196
150
10.1 Payment Request. SERVICE PROVIDER s hall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the A greement appears in section 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 Municipal Code, Article IV, Sections 4-59 and 4-60.
Agreement No. 32400196
151
13. TE
RMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
Agreement No. 32400196
152
SE
RVICE PROVIDER, at its sole expense, shall obtain and maintain during th e term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the cour se of the SERVICE PROVIDER's services.
SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
Agreement No. 32400196
153
17.3 . Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is g ranted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, Agreement No. 32400196
154
and SE
RVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.
20. NOTICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
21. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
22. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its Agreement No. 32400196
155
leg
islative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreemen t or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify . SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations . SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s Agreement No. 32400196
156
subc
ontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
24. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
26. PREVAILING WAGE REQUIREMENTS.
26.1. Application.
The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
Agreement No. 32400196
157
http
s://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
27. CONFLICT OF INTEREST
S
ERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no offic er, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
28. [RESERVED]
29. [RESERVED]
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) cal endar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
Should an unresolv ed dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a Agreement No. 32400196
158
reas
onable 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 mak ing a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
33. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
34. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, mari tal status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
Agreement No. 32400196
159
SE
RVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
36. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
37. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
38. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
39. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
40. AUTHORITY TO EXECUTE.
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Agreement No. 32400196
160
Des
ignated Representative has the authority to bind each Party to the performance of its obligations hereunder.
41. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
42. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
43. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.
[Signatures on next page]
Agreement No. 32400196
161
In wi
tness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD SOUTH COAST, LLC
☐John C. Zaragoza, Mayor1 Date Matthew Szafranek, Date ☐Jennifer Yates, 2 General Manager Purchasing Manager
L. Keith Mustain, Date
President3
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
Agreement No. 32400196
162
EX
HIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and South Coast, LLC)
SCOPE OF SERVICES
CITY PROJECT MANAGER: Jose Arreola / 805-385-8011 / [email protected]
SERVICE PROVIDER shall provide parts, mechanical and electrical repairs, body repair, and painting, to Pierce Fire Apparatuses for warranty claims and/or repairs to the City of Oxnard equipment fleet on an as -needed basis. The work shall be performed at the proposer’s shop unless otherwise agreed to in writing by the City of Oxnard.
Mechanical Inspections, Maintenance and Repair:
SERVICE PROVIDER must be able to provide the appropriate staffing resources, tools, parts, materials, supplies, and diagnostic equipment to perform maintenance, repair, inspections, and other services or certifications as needed.
Maintenance:
Includes but is not limited to: fluid and filter replacements, brake and belt replacements, and service to common mechanical and electrical systems. The activities are typically in accordance with the original equipment manufacturers recommended services.
Mechanical Repair: Includes but not limited to electrical system, cooling system, fuel system, HVAC and includes replacement of defective or failed parts, and modifications to equipment.
Inspections:
Includes completing all Federal and State required vehicle inspections and certifications for regulated and non -regulated vehicles. These include the annual DOT inspection and/or the 90-day State Basic Inspection of Terminals (BIT) Program, safety inspections subject and not subject to California Vehicle Code section 34500 VC,
Body Repair and Painting:
SERVICE PROVIDER shall provide body repair and painting services for the City’s Pierce fire apparatuses, to include but not limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of equipment bodies, and other repair services. Bent parts are to be straightened and reinforced or replaced if necessary. In the event that vehicle decals are damaged, the proposer will install new decals to the repaired vehicle. Decal removal and installation Agreement No. 32400196
163
are t
o be included in the repair estimate.
General Shop Requirements:
SERVICE PROVIDER shop will meet the following minimum requirements:
a) Be able to perform complete mechanical and body repairs, as well as paint equipment. b) Maintain a paint booth that is in legal compliance with all applicable laws. c) Maintain a secure storage area for all City of Oxnard owned vehicles. d) Possess a MIG and TIG welder or other electric spot-welding equipment for body welding including aluminum body repairs. The proposer shall ensure that the vehicle computer systems are disconnected from the vehicle before any welding is done. The proposer is to replace, at his/her expense, any vehicle on board computers damaged by not disconnecting the computers before any welding operations.
Estimate Process Requirements:
SERVICE PROVIDER will provide estimates for mechanical, body repair and painting on an as needed basis as requested by the City of Oxnard. Estimates will include:
a) Make, model and mileage of vehicle,
License plate number, VIN number and City of Oxnard unit number b) Itemized list of description of work to be performed c) Estimated number of labor hours of task
d) Itemized list of parts and paint materials costs
e) All incidentals or miscellaneous shop supplies and charges shall be included and priced accordingly
f) Total repair estimate is to include sales tax
g) Approximate schedule to complete the repairs after receiving a notice to proceed h) If applicable, any recommendations for future repairs i) All estimates shall be from an applicable industry standard Collision and Estimating Reference Guide used by insurance appraisers. Proposers shall Agreement No. 32400196
164
prov
ide the name and version of the guide or software used
Prior to any repair, the SERVICE PROVIDER and City of Oxnard Fleet Service Writer or Fleet Supervisor will review the estimate and confirm that the estimate includes an accurate description of the vehicle condition. All repair estimates must be approved by the City of Oxnard in writing in advance of work being performed. Repair work will not start until a notice to proceed is received. Vendor shall assume full liability and responsibility for all equipment and contents (including radios, aftermarket lighting , and other standard or installed equipment) placed in its custody by the City of Oxnard under this contract.
Parts:
All parts used to provide repairs will be new Certified Original Equipment Manufacturer (OEM). Any and all incidental charges shall be included in the vendors hourly rate. Vendor shall furnish new unused O.E.M., remanufactured O.E.M., vehicle body parts, materials , and labor as required in accordance with the provisions and specifications contained herein. If OEM parts are not available or obsolete, notification to the City of Oxnard is required for approval.
Alignment:
SERVICE PROVIDER shall perform realignment of all equipment when needed. This shall be a thrust alignment for frame vehicles. A printout of the readings after the alignment will be included in each repair order. Vendor will ensure personnel or sub- contractor is qualified to perform alignment work.
Annual Aerial and pump certifications:
SERVICE PROVIDER shall perform annual aerial and/or pump certifications according to NFPA 1911 specifications. Vendor will ensure personnel or sub- contractor is qualified to perform certifications.
Frame Work:
SERVICE PROVIDER shall perform frame straightening of all equipment when needed. Vendor will ensure personnel or sub- contractor is qualified to perform all framework.
Agreement No. 32400196
165
Maj
or Repairs:
If metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced with new metal or plastic that is equal to or greater than the original thickness of the component.
Painting Process Requirements:
The paint process will consist of the following in the order listed, utilizing the latest state-of-the-art painting and paint matching systems, mixing tools, California compliant water-based or solvent-based paints, and clear coats and spraying tools:
• Primer
• Base Coat
• Clear Coat
Warranty:
All parts and supplies provided shall be warranted for a minimum period of twelve (12) months or twelve thousand (12,000) miles, or for any manufacturer warranty period, whichever is greater. Warranted parts shall be replaced with new parts. All warranty information will be made available to the City of Oxnard. Unsatisfactory repairs include but are not limited to, paint swirls, fish eye blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfections in bodywork or paint finish.
Agreement No. 32400196
166
EX
HIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and South Coast, LLC)
SCHEDULE OF COMPENSATION
LABOR RATE DISCOUNT
$170 10% discount off vendor list price for
parts
Agreement No. 32400196
167
EX
HIBIT C
TRADE SERVICES AGREEMENT
(CITY of Oxnard and South Coast, LLC)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels list ed and in accordance with the other provisions listed in this document.
Exhibit INS-V
INSURANCE REQUIREMENTS FOR VENDORS/CONTRACTORS
(WHO REPAIR, INSTALL OR MAINTAIN VEHICLES AND EQUIPMENTS IN VENDORS/CONTRACTORS
CARE, CUSTODY AND CONTROL)
City of Oxnard’s Fleet Services Department cannot process any transactions until the following insurance documents have been submitted.
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability in an amount not less than $1,000,000 Occurrence/$2,000,000 Aggregate for bodily injury and property damage for each claimant for General Liability with coverage equivalent to Insurance Services Office Garage Insurance Coverage form. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured. b. Business Automobile Liability Insurance in an amount of $1,000,000 combined single limit for bodily injury and property damage which may arise from or in connection with the performance of services hereunder by Vendor/Contractor, its agents, representatives, employees or subcontractors. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured. c. When City vehicles are in the care, custody and control of the Contractor, Garagekeepers Legal Liability in an amount not less than $1,000,000 per claimant must be provided. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
1. Contractor shall, prior to performance of any services, file with the Risk Manager, certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -T. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better. Contractor is responsible to provide immediate notification to Risk Manager in the event coverage is suspended, voided, canceled or reduced in coverage.
3. Contractor agrees that the Commercial General Liability Insurance and Garagekeepers Legal Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Agreement No. 32400196
168
Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. Required forms for Commercial General Liability Insurance and Garagekeepers Legal Liability Endorsements are ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037, or equivalent.
4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors.
Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
10/23
Agreement No. 32400196
169
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-V.doc
Agreement No. 32400196
170
SAMPL
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE TH
EREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BU T FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Agreement No. 32400196
171
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits