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 January 2, 2024
Closed Session - 5:15 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: 881 6625 7675
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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.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
AMENDED AGENDA
Item G.1 Report of City Manager - Added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 2, 2024 PAGE 2
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 and Oxnard Community Development Commission Successor Agency
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 (5:15 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Ignacio Ixta, Jr. v. County of Ventura, et al.
U.S District Court, California Central District Court Case No. 2:22-CV-02468 Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating January 15, 2024 as "Dr. Martin Luther King, Jr. Day."
2. SUBJECT: Presentation of a Proclamation Designating January 13, 2024 as "Soroptimist STOP Human Trafficking Awareness Day."
F. 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 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 2, 2024 PAGE 3
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.
G. 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 Attorney Department
SUBJECT: Ratification of Severe Storms Emergency Proclamation RECOMMENDATION: That the City Council adopt a resolution ratifying the Proclamation of the Director of Emergency Services of the City of Oxnard Proclaiming the Existence of a Local Emergency
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
H. 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.
I. 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.
J. 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.
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of December 5, 2023, regular meetings as presented.
Legislative Body: City Council
Contact: Dee Lai, (805) 385-8200
2. City Manager Department
SUBJECT: Ninth Annual Recognized Obligation Payment Schedule 2024-25.
RECOMMENDATION: That the Community Development Commission Successor Agency adopt a Resolution approving the Ninth Annual Recognized Obligation Payment Schedule (ROPS) 24-25 covering the period of July 1, 2024 - June 30, 2025.
(This item did not originate in Committee.)
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 2, 2024 PAGE 4
Legislative Body: Oxnard Community Development Commission Successor Agency Contact: Ashley Golden, (805) 385-7478
3. Finance Department
SUBJECT: First Amendment to External Auditor Agreement A-8223
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the First Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $20,000, for a total amended not-to-exceed amount over 5 years of $1,095,100 for FY 2022-23 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance.
(The Finance and Governance Committee approved 3-0 on December 12, 2023) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 385-5400
4. Public Works Department
SUBJECT: Agreement 32400249 with Amrep Manufacturing Company, LLC for Maintenance, Inspection and Repair of Amrep Refuse Collection Vehicles.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Amrep Manufacturing Company, LLC 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 $750,000 for the maintenance, inspection and repair of the City’s Amrep waste collection fleet on an on-call/as- needed basis.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: First Amendment to Trade Services Agreement A-8263 with UniFirst Corporation for Multi Divisional Uniform Rental, Purchase, and Laundry Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with UniFirst Corporation for uniform rental, purchase, and laundry services for multi-divisions; extending the term for nine months from January 31, 2024 to October 31, 2024 and increasing the contract total by $100,000 for a new contract total not to exceed $770,000.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
L. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: Subdivision of a 4.16-acre lot into 25 lots for condominium purposes, located at 1400 Graves Avenue and 2301 Santiago Court (APN: 214-0-031-025). Filed by Garry Collett, California Commercial Investment Companies, 4530 East Thousand Oaks Boulevard, Suite 100, Westlake Village, California 91362. (20 minutes)
RECOMMENDATION: That the City Council:
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 2, 2024 PAGE 5
1. Conduct a public hearing;
2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(k) (Existing Facilities); and,
3. Adopt a Resolution approving Planning and Zoning Permit No. 22-300-03 for a Tentative Subdivision Map (Tentative Tract Map No. 6062), subject to certain findings and conditions. (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/Ix_rWwSR0Cg
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
M. REPORTS
N. ADJOURNMENT
5 CITY COUNCIL AGENDA REPORT
REPORT OF CITY MANAGER/EXECUTIVE
DIRECTOR/SECRETARY
AGENDA ITEM NO. G.1
DATE: January 2, 2024
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Ratification of Severe Storms Emergency Proclamation
RECOMMENDATION
That the City Council adopt a resolution ratifying the Proclamation of the Director of Emergency Services of the City of Oxnard Proclaiming the Existence of a Local Emergency
BACKGROUND
Government Code section 8630 and Chapter 6 of the Oxnard City Code ("OCC") empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session.
On December 21, 2023, the City was inundated with a rainstorm that brought with it what the Los Angeles Times described as "a once-in-a-millennium rainfall." The National Weather Service estimated that approximately 1.36 billion gallons of water dropped on Oxnard in a 60 minute period in the early morning of December 21. The estimated 4.5 inches falling between 1:00 a.m. and 3:00 a.m. the morning of December 21 caused major flooding throughout the City, with standing water over 4 feet high in many areas.
In responding to the emergency, the Police, Fire, and Public Works Departments closely coordinated actions and staffing augmentations to ensure staff could meet the needs of Oxnard residents during this extraordinary weather event. This included having additional emergency response units and specialty-trained swift water rescue teams available. Public Works had additional staff to manage road closures, flooding issues, and downed trees. The City’s Emergency Operations Response (EOC) was activated to determine locations and the severity of flooding conditions, determine the status of roads and streets, coordinate City resource deployment, facilitate public information and coordination with adjacent jurisdictions, and support shelter operations among other things.
Damage assessment is still underway but to date, 172 residential structures have been reported to have some level of water intrusion. Of those 172 structures, 36 of them reported water intrusion between 6 and 36 inches. City and County staff continue to collect initial damage estimates and conduct verification visits as time and circumstances permit. In addition to the damaged structures, over 324 vehicles have been reported to be damaged.
As a result of the emergency, the City Manager, in his role as the City's Director of Emergency Services, signed a resolution proclaiming the existence of a local emergency on December 27, 2023 ("Emergency Proclamation"). The Emergency Proclamation is now before the Oxnard City Council for ratification.
Pursuant to Government Code Section 8630, the condition and powers granted through the proclamation continue for seven (7) days unless ratified by a resolution of the City Council. The resolution before you confirms and ratifies the local emergency consistent with Section 8630. Council must reconsider the local emergency every 60 days for it to continue.
6 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 City will be requesting reimbursement for the costs associated with the emergency.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Stephen Fischer, City Attorney, Alexander Hamilton, Fire Chief, Alexander Nguyen, City Manager, Jason Zaragoza, Deputy City Attorney
ATTACHMENTS
1. City Council resolution ratifying the proclamation of a local emergency.v2
2. Exhibit A_ Resolution 23_02 _ Severe Storms_ Local Emergency_ Fully executed
7 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD RATIFYING
THE PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF OXNARD AND PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY DUE TO SEVERE STORMS
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, a severe rainstorm that commenced the week of December 18, 2023 produced more than 6 inches of rainfall in the Oxnard, 4.5 inches of which fell between 1:00 a.m. and 3:00 a.m. the morning of December 21; and
WHEREAS, the National Weather Service reported rainfall to be as much as 3.18 inches in one hour, which is the highest rate recorded for the area for at least 100 years; and WHEREAS, the torrential rain caused extensive street flooding as well as flood damage to many homes, businesses, and vehicles within the city and neighboring jurisdictions and the unincorporated areas of Ventura County (“County”); and
WHEREAS, beginning on December 20, 2023, City staff dedicated resources to respond within the city and to assist other agencies in responding to the severe rainstorm throughout the County, including making available additional emergency response units and specialty-trained swift water rescue teams, managing road closures and flooding issues, and activating the City’s Emergency Operations Center at an Enhanced Operations/Monitoring level to assist in coordination and information sharing, both within the city and throughout the County; and WHEREAS, on December 27, 2023, the Director of Emergency Services proclaimed the existence of a local emergency due to severe storms; and WHEREAS, pursuant to Government Code Section 8630, the conditions and powers granted by the proclamation continue for seven (7) days unless ratified by a resolution of the City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED:
A. The City Council hereby proclaims the existence of a local state of emergency in the city, pursuant to California Government Code Section 8630 and all other applicable laws, and the Director of Emergency Services’ December 27, 2023 proclamation attached to this resolution as Exhibit A and incorporated into this resolution by this reference is hereby ratified; and B. The local emergency shall be deemed to continue and exist until it is terminated by proclamation of the City Council of the City of Oxnard; and C. During the existence of the local emergency, the powers, functions and duties of the 8 Director of Emergency Services shall be those prescribed by state law, the existing ordinances and resolutions of the City of Oxnard, this resolution and any subsequent emergency orders of the City Council, and any other local, state or federal laws providing powers, immunities or duties in such emergency; and
D. To the extent permitted by law, City goods and services procurement requirements are stayed during this local emergency, as necessary to procure and respond to the local emergency, and the Director of Emergency Services is empowered to exercise all powers granted by any local, state or federal emergency laws, rules and regulations, and such procurements made by the Director of Emergency Services are hereby ratified; further, the Director of Emergency Services is authorized to appropriate and expend any City funds deemed necessary by the Director of Emergency Services in writing, including unappropriated City reserve funds, to exercise any of said emergency powers or procurement powers, and to transfer such funds to corresponding City budget line items or categories; and E. To the extent permitted by law, this proclamation of a local emergency is intended to satisfy any local, state or federal law or regulation requiring such a proclamation as a prerequisite or requirement for mutual assistance, reimbursement or other cooperation with any other local, state or federal entity; this proclamation of local emergency also hereby activates any and all existing City emergency plans, and authorizes the Director of Emergency Services to amend such plans in writing as necessary; and
F. The Director of Emergency Services, as delegated by the City Council pursuant to Chapter 6 of the City Code, may promulgate orders and regulations necessary to provide for the protection of life and property; and
G. Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the Local Emergency at least once every 60 days until the governing body terminates the Local Emergency.
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9 PASSED AND ADOPTED THIS 2nd day of January 2024, 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
10 EXHIBIT A
[December 27, 2023 Director of Emergency Services Proclamation] 11 CITY OF OXNARD
RESOLUTION NO. 23-02
RESOLUTION OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF OXNARD PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY
WHEREAS, Chapter 6 of the Oxnard City Code empowers the City Manager of the City of Oxnard (City"), acting in the capacity of the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services does hereby find:
The severe rainstorm that commenced the week of December 18, 2023 produced more than 6 inches of rainfall in Oxnard, 4.5 inches of which fell between 1 :00 a.m. and 3 :00 a.m. the morning of December 21; and
The National Weather Service reported rainfall to be as much as 3.18 inches in one hour, which is the highest rate recorded for the area for at least 100 years; and The torrential rain caused extensive street flooding as well as flood damage to many homes, businesses, and vehicles within the city and neighboring jurisdictions and the unincorporated areas of Ventura County; and
Beginning on December 20, 2023, City staff dedicated resources to respond within the city and to assist other agencies in responding to the severe rainstorm throughout the County, including making available additional emergency response units and specialty-trained swift water rescue teams, managing road closures and flooding issues, and activating the City's Emergency Operations Center at an Enhanced Operations/Monitoring level to assist in coordination and information sharing, both within the city and throughout Ventura County; and
The aforesaid condition s of extreme peril warrant and necessitate the proclamation of the existence of a local emergency within the city; and The City Council of the City of Oxnard is not in session (and cannot immediately be called into session).
NOW, THEREFORE, IT IS HEREBY PROCLAIMED
Section 1. That a Local Emergency now exists throughout the city.
Section 2. The conditions and powers granted during this Local Emergency shall continue for no more than seven (7) days unless this Proclamation is ratified by a Resolution of the City Council pursuant to Government Code Section 8630. rev. 2023
12 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the Local Emergency the powers, functions, and duties of the Office of Emergency Services and Disaster Council of the City shall be those prescribed by state law, and by the ordinances, resolutions and other adopted policies of the City.
Dated: _1z__,{�z_4�("hJ�Z3�- By:-----,/)-,--- M----l'c---:,-::------_:::-_-_ -_ ---- hi6e City Manager/Director of Emergency
Services
City of Oxnard
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
rev. 2023
13 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: January 2, 2024
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 December 5, 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. 12 05 2023 Council Minutes
14 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
December 5, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:30 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Dee Lai, Assistant City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E.
Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, and Mayor John C. Zaragoza were present.
Mayor Pro Tem MacDonald was absent. Councilmember Oscar Madrigal arrived at 6:25 p.m.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: F.G., an individual, et al. v. City of Oxnard, et al.
Ventura County Superior Court, Case No. 56-2022-00562807-CU-OE-VTA Legislative Body: City Council
At 4:37 p.m., the City Council recessed into a closed session. At 5:38 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 item C.1.
D. APPOINTMENT ITEMS (5:30 PM)
1. City Manager Department
SUBJECT: Update on Current Pests and Diseases that are Impacting Agriculture in Ventura County.
RECOMMENDATION: That the City Council received an update by the Ventura County Agricultural Commissioner Korinne Bell on the Asian Citrus Psyllid, Huanglongbing, the Queensland Fruit Fly and potential impacts to farms/orchards.
Korinne Bell, Ventura County Agricultural Commissioner, provided an update on the current pests and diseases that are impacting agriculture in Ventura County.
No public comments were received.
E. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance followed by a moment of silence.
F. CEREMONIAL ITEMS
1. SUBJECT: Special Guest from the North Pole.
Santa joined the Council on the dais and wished everyone a Merry Christmas. Santa will be visiting the community from December 14, 2023 to December 22, 2023, from 4:30 p.m. to 7:30 p.m., according to the elves. Mayor Zaragoza thanked Santa and the elves and wished everyone a Merry Christmas and a Happy New 15 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 2
Year.
No public comments were received.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Karla Alejandra, Ray Blattel, Leah Dehmohsen, Sarah Noyola, Krystal Lopez, Michael Gleason, Isaac Morales, and Marino Barios.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
1. City Manager Department
SUBJECT: Local Government Fun Fact: Southern California's Illegal Food Vendor Problem.
RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Southern California's illegal food vendor problem.
Alex Nguyen, City Manager, provided information on Southern California’s illegal food vendor problem.
Public comments were received from Karla Alejandra and Kyremina Youssef.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.
Councilmember Valenzuela Zavala requested that the City Council consider resolution HR786 on a future agenda item on December 19, 2023.
Councilmember Perello requested that staff provide an update to the City Council on the allowable building height in the Downtown corridor as a future agenda item.
No public comments were received.
J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.8 were discussed among the Council and staff.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Teresa Telles, Monica Phillippe, Katrina Maldonado, Pat Brown, and Karla Alejandra.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of November 7, 2023, regular meetings as presented.
2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit 16 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 3
Findings.
RECOMMENDATION: That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.
(The Finance and Governance Committee approved 3-0 on November 14, 2023 to approve the staff recommendation to forward the item for Council approval.)
3. Public Works Department
SUBJECT: Grant Application Resolution for CalRecycle Grant Programs. (10 minutes)
RECOMMENDATION: That the City Council adopt a Resolution No. 15,752:
1. Authorizing the City Manager or designee to submit a grant application resolution to the California Department of Resources Recycling and Recovery (CalRecycle) (no local match) in SB 1383 Local Assistance Grant Program funds
2. Authorizing the City Manager or designee to execute grant agreements;
3. Authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and
4. Authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)
4. Fire Department
SUBJECT: Authorize Blanket Purchase Order for Stryker Sales, LLC in a Not to Exceed (NTE) Amount of $400,000 through June 30, 2024
RECOMMENDATION: That the City Council authorize the Mayor to execute Blanket Purchase Orders (BPO) with Stryker Sales, LLC for a total amount NTE $400,000 for the purchase of grant- funded automatic chest compression systems and other routine operational expenses.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)
5. Fire Department
SUBJECT: Memorandum of Agreement Between the City of Oxnard (Fire Department) and Oxnard Union High School District
RECOMMENDATION: That the City Council approve and authorize the Mayor to enter into a Memorandum of Agreement between the City of Oxnard (Fire Department) and Oxnard Union High School District for an after-school program to introduce high school students to fire service.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)
6. Community Development Department
SUBJECT: Adoption of Ordinance Nos. 3034, 3035, 3036, 3037, 3038, 3039, and 3040 - Planning & Zoning (PZ) Permit No. 23-580-03 (Zoning Text Amendments) - Implementation of the City’s 17 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 4
Adopted Amended 6th Cycle 2021-2029 Housing Element
RECOMMENDATION: That the City Council adopt the following Ordinances amending Chapter 16 of the Oxnard City Code (OCC) to implement the Adopted Amended 6th Cycle of the 2021-2029 Housing Element and find that the adoption of the Ordinances are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and (3) and 15061(b)(3) of the CEQA Guidelines:
1. Ordinance No. 3034 - An Ordinance of the City Council of the City of Oxnard amending Accessory Dwelling Unit parking and impact fee requirements in Oxnard City Code (OCC) Section 16-468 & 16-622; and
2. Ordinance No. 3035 - An Ordinance of the City Council of the City of Oxnard amending the City’s Density Bonus Ordinance in OCC Section 16-410; and
3. Ordinance No. 3036 - An Ordinance of the City Council of the City of Oxnard amending the Emergency Shelter Standards in OCC Section 16-504 and 16-622; and
4. Ordinance No. 3037 - An Ordinance of the City Council of the City of Oxnard streamlining ordinance provisions, clarifying permitting requirements, simplifying code requirements, and amending requirements on Farmworker Housing, Supportive Housing, Low-Barrier Navigation Center, Single Room Occupancy and Residential Care facilities in OCC Section 16-10, 16-20 to 16-144, 16-148, 16-300, 16-303, 16-333, 16-441 & 16- 622 ; and
5. Ordinance No. 3038 - An Ordinance of the City Council of the City of Oxnard amending Reasonable Accommodation requirements in OCC Section 16-501.5; and
6. Ordinance No. 3039 - An Ordinance of the City Council of the City of Oxnard streamlining, clarifying, and simplifying permit procedures for Development Design Review, Special Use Permit Expiration and Major and Minor Modification to Special Use Permit in OCC Sections 16-525, 16-553 and 16-560 amendments; and
7. Ordinance No. 3040 - An Ordinance of the City Council of the City of Oxnard amending the Attached Dwelling Unit standards in OCC Section 16-360. (This item originated from a Public Hearing at the November 7, 2023 City Council meeting and was previously heard by the Planning Commission, therefore this item did not originate in Committee.)
7. Public Works Department
SUBJECT: Public Project Agreement 32400255 with J.R. Filanc Construction Company, Inc for Secondary Sedimentation Tank Mechanical Equipment Replacement at the Oxnard Wastewater Treatment Plant (OWTP), Specification No. PW 23-112.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $948,477 in project funds for Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP, Specification No. PW 23-112;
2. The Mayor to Execute an Agreement with J.R. Filanc Construction Company, Inc (Filanc) in the amount of $790,397 for the Project;
3. A Project contingency amount of $79,040 (10%) with Filanc for a total not to exceed value of $869,437 for the Project;
4. A Project allocation amount of $79,040 (10%) for engineering, inspection, survey and project management for the Project; and
5. Budget appropriations of $948,477 from the available fund balance in the Wastewater Operating Fund (611) and the corresponding appropriation and revenue transfer in the 18 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 5
Wastewater Capital Fund (612) for use of this Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
8. City Manager Department
SUBJECT: Appointment of Councilwoman Gabriela Basua to Regional Defense Partnership for the 21st Century (RDP-21).
RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Councilwoman Gabriela Basua to the Regional Defense Partnership for the 21st Century (RDP-21).
(This item did not originate in Committee.)
Consent Items L.1, L.2, L.3, L.4, L.6, L.7, and L.8.
It was moved by Councilmember Perello, seconded by Councilmember Valenzuela Zavala, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Mayor Pro Tem MacDonald was absent.
Consent Item L.5
It was moved by Councilmember Perello, seconded by Councilmember Valenzuela Zavala, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 5-0. Mayor Pro Tem MacDonald was absent. Councilmember Teran recused himself due to a professional conflict with the Oxnard Union High School District.
M. REPORTS
1. Housing Department
SUBJECT: Acquisition of Real Property located at 131 East Seventh Street and Disposition of Real Property located at 418 West Fourth Street in Downtown Oxnard. (10 minutes)
RECOMMENDATION: That the City Council:
1. Find that the recommended actions do not constitute a “project” subject to the California Environmental Quality Act pursuant to Section 21065 of CEQA and Sections 15004(b)(4) and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Approved the disposition of improved real property located at 418 West Fourth Street in the amount of $400,000 for a future private use;
3. Approve the acquisition of unimproved real property located at 131 East Seventh Street in the amount of $430,000 for the future development of affordable housing;
4. Approve and authorize a budget appropriation of $30,000 from the Housing In Lieu Fees Fund (Fund 360-Subfund 7050) available fund balance and authorize an exchange of value for completion of the two transactions;
5. Approve and authorize a budget appropriation of $75,000 from the Housing In Lieu Fees Fund ( Fund 360-Subfund 7050) available fund balance for necessary transaction and future maintenance costs; and
6. Authorize the City Manager or his designee to execute any and all documents necessary to 19 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 6
facilitate these transactions.
(This item did not originate in Committee.)
Emilio Ramirez, Housing Director, was available to answer questions. Public comment was received from Pat Brown. Discussion ensued among the council and staff.
It was moved by Councilwoman Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Madrigal, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 5-1. Councilmember Perello voted no. Mayor Pro Tem MacDonald was absent.
At 8:33 p.m., the Council took a short recess. At 8:41 p.m., the Council reconvened in an open session in the Council Chambers.
2. Public Works Department
SUBJECT: Solid Waste (Refuse) Rates Discussion. (50 minutes)
RECOMMENDATION: That the City Council:
1. Provide comments and feedback on the goals, variable input, preliminary scenarios, and the process and timeline for solid waste rates; and
2. Direct staff to move forward to the next steps in the rate setting process on the basis of Scenario 4.
(Public Works and Transportation Committee approved 2-0) Thierry Bouveri, Raftelis Vice President, presented and was available to answer questions. Michael Wolfe, Public Works Director, was also available to answer questions. No public comments were received.
Discussion ensued among the council and staff.
At 9:52 p.m., City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.
It was moved by Councilmember Perello, seconded by Councilmember Teran, to continue the meeting past 10:00 p.m. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Mayor Pro Tem MacDonald was absent.
It was moved by Mayor Zaragoza, seconded by Councilmember Teran, to approve the recommended action on the basis of scenario 4. VOTE: Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion failed 3-3.
Councilmembers Basua, Perello, and Madrigal voted no. Mayor Pro Tem MacDonald was absent.
It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action on the basis of scenario 3. VOTE: Basua, Madrigal, Perello, and Teran voted in favor; the motion passed 4-2.
Mayor Zaragoza and Councilmember Valenzuela Zavala voted no. Mayor Pro Tem MacDonald was absent.
3. Public Works Department
SUBJECT: Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Wastewater Division New Maintenance Building Project. (10 20 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 7
minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to Execute an Agreement with Roesling Nakamura Terada Architects, Inc. in the amount of $1,000,000 for Architectural and Engineering Services.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Tim Beaman, Senior Civil Engineer, Michelle (Elle) McCarron, Assistant City Attorney, and Michael Wolfe, Public Works Director, were available to answer questions. No public comments were received. Discussion ensued among the council and staff.
It was moved by Councilwoman Basua, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor ;
the motion passed 6-0. Mayor Pro Tem MacDonald was absent.
4. Public Works Department
SUBJECT: Agreement 32400247 with Quest National Holdings dba Quest National Security for Security Guard Services at Various City Locations. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Quest National Holdings dba Quest National Security, for an initial term starting January 1, 2024, ending December 31, 2024, with the options to extend through December 31, 2028, and for a total contract not-to-exceed amount of $6,000,000 for security guard services at various City locations.
(The Public Works and Transportation Committee outcome was unknown at the time this agenda was posted.)
Michael Wolfe, Public Works Director, was available to answer questions. No public comments were received.
Discussion ensued among the council and staff.
It was moved by Councilwoman Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor ;
the motion passed 6-0. Mayor Pro Tem MacDonald was absent.
N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:08 p.m.
_________________________________ __________________________________ DEE LAI JOHN C. ZARAGOZA Assistant City Clerk Mayor
21 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: January 2, 2024
TO: Oxnard Community Development Commission Successor Agency
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]
SUBJECT: Ninth Annual Recognized Obligation Payment Schedule 2024-25.
RECOMMENDATION
That the Community Development Commission Successor Agency adopt a Resolution approving the Ninth Annual Recognized Obligation Payment Schedule (ROPS) 24-25 covering the period of July 1, 2024 - June 30, 2025.
(This item did not originate in Committee.)
BACKGROUND
As part of the 2011 Budget Act and to protect funding for core public services at the local level, the California Legislature approved the dissolution of the state’s four hundred Redevelopment Agencies (RDAs). On February 1, 2012, all RDAs in the state of California were officially dissolved. As a result of eliminating RDAs, property tax revenues are now used to pay required payments on existing bonds, other obligations, and pass-through payments to local governments.
The remaining property tax revenues that exceed the enforceable obligations are allocated to cities, counties, special districts, and school and community college districts.
To help facilitate the wind-down process at the local level, each city formed a Successor Agency (SA), which manages ongoing redevelopment projects, makes payments on enforceable obligations, and disposes of redevelopment assets. In the City of Oxnard, the City Council acts as the SA to Oxnard’s former RDA, the Community Development Commission.
Each SA has an Oversight Board (OB) that supervises its work. As specified in California Senate Bill 107 and beginning on July 1, 2018, all OB’s in the County were consolidated into one OB, the Ventura County Consolidated Oversight Board (County OB). The 7-member County OB comprises representatives of the local agencies from Ventura County cities, special districts, and K-14 educational agencies. The County OB members have a fiduciary responsibility to holders of enforceable obligations and the local agencies that would benefit from property tax distributions from the former redevelopment project areas. Following SA approval of this item, staff will forward ROPS 24-25 to the County OB for approval on January 24, 2024. Once the County OB approves, staff will submit ROPS 24-25 to the California Department of Finance (DOF) for final approval.
Pursuant to California Health and Safety Code Section 34177(l)(1), the City, as SA to the former Oxnard Community Development Commission, must prepare an annual ROPS documenting the enforceable obligations of the former RDA for the coming fiscal year. This ROPS covers the period July 1, 2024, through June 30, 2025 (ROPS 24-25) and, per California Health and Safety Code Section 34177(m), must be submitted to DOF after approval by the County OB, no later than February 1, 2024.
The ROPS 24-25 period totals $10,203,152 in SA enforceable obligations. The Total Outstanding Obligation, which is the sum of all of the Oxnard SA's obligations, stands at $66,249,450 in ROPS 24-25, down from the ROPS 23-24 Total Outstanding Obligation of $76,243,853. These obligations include bond debt service, developer agreement payments, and other obligations enforceable by the SA.
22 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
Approval of the Ninth Annual ROPS 24-25 will facilitate the ability of the SA to continue payment of the enforceable obligations of the former Community Development Commission and is among the reasonable measures required to be taken to avoid triggering an event of default under any enforceable obligations. Certification of the ROPS allows the SA to collect property tax revenues from the Ventura County Auditor-Controller in an amount sufficient to pay the obligations listed on the ROPS 24-25 on time.
The General Fund is not responsible for these enforceable obligations.
The Ninth Annual ROPS 24-25 must be submitted to the DOF by February 1, 2024. If this deadline is not met, the City is subject to a civil penalty of $10,000 every day that a SA is past due on submission.
COMMITTEE OUTCOME
As this item comes before the SA on an annual basis and is routine in nature, it did not originate in committee.
Prepared by: Adam Smith, Project Manager
ATTACHMENTS
1. ROPS 24-25 SA Resolution
2. ROPS 24-25 Form
23 OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY RESOLUTION NO.
RESOLUTION OF THE OXNARD COMMUNITY DEVELOPMENT
COMMISSION SUCCESSOR AGENCY ADOPTING A NINTH
ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(ROPS 24-25) FOR JULY 1, 2024 – JUNE 30, 2025
WHEREAS, Assembly Bill x1 26 (“AB 26”) and AB x1 27 (“AB 27”) were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amends Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and adds Part 1.8 and Part 1.85 to Division 24 of the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Community Development Commission was dissolved as of February 1, 2012, such that the Community Development Commission shall be deemed a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 10, 2012, by Resolution 14,135, the City Council of the City of Oxnard declared itself as the successor agency upon the dissolution of the Community Development Commission, subject to all reservations stated in such resolution; and WHEREAS, the California Supreme Court in California Redevelopment Association v.
Matosantos, Case No. S194861 upheld the constitutionality of ABx1 26 and established May 1, 2012 as the date by which the draft Recognized Obligation Payment Schedule (“ROPS”) must be prepared; and
WHEREAS, California Health and Safety Code Section 34171(h) and 34177(m) provide that a successor agency must prepare a ROPS every six months after the initial ROPS period; and WHEREAS, on April 24, 2012, the Successor Agency adopted a Draft ROPS; and WHEREAS, on April 25, 2012, the Oversight Board to the Oxnard Community Development Commission Successor Agency directed Successor Agency Staff to amend the ROPS to incorporate the State Department of Finance’s revised ROPS format; and WHEREAS, on May 8, 2012, a revised Amended ROPS I was adopted by the Successor Agency and identified enforceable obligations for the period of February 1, 2012, through June 24 Resolution No. _______
30, 2012; and
WHEREAS, on May 8, 2012, a ROPS II was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2012, through December 31, 2012; and WHEREAS, on July 22, 2012, a ROPS III was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2013, through June 30, 2013; and WHEREAS, on February 12, 2013, a ROPS IV (13-14A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2013, through December 31, 2013; and
WHEREAS, on September 10, 2013, a ROPS V (13-14B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2014, through June 30, 2014; and
WHEREAS, on February 11, 2014, a ROPS VI (14-15A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2014, through December 31, 2014; and
WHEREAS, on September 9, 2014, a ROPS VII (14-15B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2015, through June 30, 2015; and
WHEREAS, on February 24, 2015, a ROPS VIII (15-16A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2015, through December 31, 2015; and
WHEREAS, on September 1, 2015, a ROPS IX (15-16B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2016, through June 30, 2016; and
WHEREAS, SB 107 terminates the every six months ROPS timeline as of December 31, 2015, and instead requires annual ROPS reporting starting with the first annual ROPS 16-17 for the period beginning July 1, 2016, and ending June 30, 2017; and WHEREAS, California Health and Safety Code Section 34177(o) provides that a successor agency must prepare a ROPS every twelve months; and
WHEREAS, on January 19, 2016, the First Annual ROPS (16-17) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2016, through June 30, 2017; and
25 Resolution No. _______
WHEREAS, on January 24, 2017, the Second Annual ROPS (17-18) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2017, through June 30, 2018; and
WHEREAS, on January 23, 2018, the Third Annual ROPS (18-19) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2018, through June 30, 2019; and
WHEREAS, on September 11, 2018, an amended Third Annual ROPS (18-19B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2019, through June 30, 2019; and
WHEREAS, on January 8, 2019, the Fourth Annual ROPS (19-20) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2019, through June 30, 2020; and
WHEREAS, on January 7, 2020, the Fifth Annual ROPS (20-21) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2020, through June 30, 2021; and
WHEREAS, on September 1, 2020, an amended Fifth Annual ROPS (20-21B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2021, through June 30, 2021; and
WHEREAS, on January 19, 2021, a Sixth Annual ROPS (21-22) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2021, through June 30, 2022; and
WHEREAS, on January 18, 2022, a Seventh Annual ROPS (22-23) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2022, through June 30, 2023; and
WHEREAS, on January 17, 2023, an Eighth Annual ROPS (23-24) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2023, through June 30, 2024; and
WHEREAS, on January 2, 2024, the Successor Agency was presented the proposed Ninth Annual ROPS (24-25), which identifies each enforceable obligation on which payments will be required during the period of July 1, 2024, through June 30, 2025. 26 Resolution No. _______
NOW, THEREFORE, THE OXNARD COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Oxnard Community Development Commission Successor Agency hereby finds and determines that the foregoing recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. The attached Proposed ROPS is hereby adopted.
Section 4. Successor Agency staff is hereby authorized to administratively amend the ROPS in order to modify, adjust or remove line items pending the outcome of review by the Oversight Board, the County Auditor-Controller, and/or the California Department of Finance and to format the ROPS to conform with State Department of Finance requirements not yet published, and to take all necessary and appropriate actions to prepare and submit the ROPS, provided, however, that neither such authorization nor such removal shall be deemed to be, nor are they intended as, an acknowledgment of the validity of ABx1 26 and AB 1484 or such action by the Oversight Board, the County Auditor-Controller and/or the California Department of Finance. The Successor Agency reserves all rights to challenge the validity and/or application of any or all provisions of ABx1 26 and AB 1484 in any administrative or judicial proceeding, without prejudice to the Successor Agency's right to list any such removed item on this or a future ROPS. The Successor Agency reserves the right to pursue any and all appeals and any available legal or equitable remedy provided or available by law to obtain the correction of any erroneous decision regarding the ROPS.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The Successor Agency’s Secretary Designate shall certify as to the adoption of this resolution.
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27 Resolution No. _______
PASSED, APPROVED and ADOPTED this day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John C. Zaragoza, Chairman
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Rose Chaparro, Secretary Designate Stephen M. Fischer, General Counsel 28 Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Oxnard
County: Ventura
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 2,675,036 $ - $ 2,675,036 B Bond Proceeds - - -
C Reserve Balance 2,675,036 - 2,675,036
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 2,154,644 $ 5,373,472 $ 7,528,116 F RPTTF 2,079,644 5,298,472 7,378,116
G Administrative RPTTF 75,000 75,000 150,000
H Current Period Enforceable Obligations (A+E) $ 4,829,680 $ 5,373,472 $ 10,203,152 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
29 Oxnard
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$66,249,450 $10,203,152 $- $2,675,036 $- $2,079,644 $75,000 $4,829,680 $- $- $- $5,298,472 $75,000 $5,373,472 1 CCRP Tax
Allocation
Refunding
Bond 2004
Bonds
Issued On or
Before 12/
31/10
04/13/
2004
09/01/2026 Wells Fargo/
Finance
Downtown
Infrastructure,
Capital
Improvement
Projects and
Façade
Program;
including debt
management
costs
CCRP 2,434,538 N $2,354,288 - 1,137,170 - - - $1,137,170 - - - 1,217,118 - $1,217,118 2 CCRP
Assessment
District
Payment
Property
Maintenance
07/01/
2006
06/30/2024 Ox.
Downtown
Mgmt District
Property
Based
Improvement
District
Payment
CCRP - Y $- - - - - - $- - - - - - $-
10 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2025 City
Community
Development
Property
management,
project
management
and inspection
Central City
Revitalization
Project
5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $-
15 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2025 City
Community
Development
Property
management,
project
management
and inspection
Downtown 5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $- 17 HERO Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo/
Finance
Street
Reconstruction
Projects;
including debt
management
costs
HERO 9,238,641 N $1,363,489 - 586,627 - - - $586,627 - - - 776,862 - $776,862 18 HERO Tax
Alloc Bond
2008
Bonds
Issued On or
Before 12/
31/10
06/17/
2008
09/01/2038 Wells Fargo/
Finance
RiverPark
Parking
Structure
Infrastructure;
including debt
management
costs
HERO 11,654,143 N $1,228,639 - 514,219 - - - $514,219 - - - 714,420 - $714,420 24 HERO
RiverPark
OPA/DDA/
Construction
05/18/
2010
06/30/2036 U.S. Bank,
NA
Affordable
Housing
HERO 8,787,852 N $712,148 - - - 356,074 - $356,074 - - - 356,074 - $356,074 40 HERO
RiverPark
MOU to OPA
OPA/DDA/
Construction
09/26/
2010
06/30/2036 U.S. Bank,
NA
Infrastructure
reimbursement
payments per
MOU to OPA
HERO 18,895,660 N $1,554,340 - - - 777,170 - $777,170 - - - 777,170 - $777,170 30 A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
44 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2025 City
Employees
Property
management,
project
management
and inspection
HERO 5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $-
48 Ormond
Beach Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Project
Ormond
Beach
3,806,878 N $625,679 - 278,114 - - - $278,114 - - - 347,565 - $347,565 49 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2025 City
Employees
Property
management,
project
management
and inspection
Ormond
Beach
5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $-
50 Southwinds
Tax
Allocation
Bond 2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Bond
Southwinds 2,174,538 N $356,769 - 158,906 - - - $158,906 - - - 197,863 - $197,863 51 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2025 City
Employees
Property
management,
project
management
and inspection
Southwinds 5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $- 52 Downtown
Lease
Guarantee
Payment
OPA/DDA/
Construction
11/26/
2003
11/26/2030 Oxnard
Theater
Group
Downtown
Theater lease
guarantee
payment
CCRP/DT 9,072,200 N $1,822,800 - - - 911,400 - $911,400 - - - 911,400 - $911,400 63 Trustee
Services
Fees 01/01/
2014
06/30/2025 Wells Fargo
Bank
Debt service
administration
for bond
issues
CCRP/
HERO/SW/
Ormond
10,000 N $10,000 - - - 10,000 - $10,000 - - - - - $-
98 Litigation for
Future Legal
Costs
Legal 01/01/
2003
06/30/2025 Kane,
Ballmer, and
Berkman
Agency Legal
Counsel
All - N $- - - - - - $- - - - - - $-
101 Disposition
of Successor
Agency
Property
Property
Dispositions
01/01/
2017
06/30/2025 Kane,
Ballmer, and
Berkman
Agency Legal
Counsel
- N $- - - - - - $- - - - - - $-
106 Admin Costs Admin Costs 07/01/
2024
06/30/2025 Oxnard CDC
Successor
Agency
Admin Costs 150,000 N $150,000 - - - - 75,000 $75,000 - - - - 75,000 $75,000 31 Oxnard
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
3,271,232 2,544,394 242,547 777,825
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
101,353 89,195 6,846,824
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
3 2,544,394 111,224 4,361,291
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
3,372,582 131,322 2,892,361
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $89,196 $370,997
32 Oxnard
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
1 2
10 15
17 18
24 40
44 48
49 50
51 52
63 98
101
106
33 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: January 2, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 385-5400, [email protected]
SUBJECT: First Amendment to External Auditor Agreement A-8223
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the First Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $20,000, for a total amended not-to-exceed amount over 5 years of $1,095,100 for FY 2022-23 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance.
(The Finance and Governance Committee approved 3-0 on December 12, 2023)
BACKGROUND
Following a request for proposals process, in May 2020, the City executed contract A-8223 with the external audit firm Eadie + Payne, LLP (E+P) to conduct the City of Oxnard’s annual and single audits for five fiscal years from FY 2019- 2020 through FY 2023-2024. The contract agreement amount is $1,075,100, with a fiscal year not to exceed amount of $210,600 for FY2019/20 to FY2020/21, $216,100 for FY2021/22 to FY2022/23 and $221,700 for FY2023/24.
DISCUSSION
The City went live in October 2022 with the financial module of the Tyler Munis Enterprise Resources Program (ERP), to track all City financial transactions, making FY 2022/23 the first year in which the City is producing financials with the information recorded in the new ERP. During the field work in October 2023, E+P identified additional work needed to gain reasonable assurance on the City’s financial statements. Specifically, this additional work included validating the conversion of data from the previous accounting system (HTE), implementing internal and information technology controls, as well as proper mapping of beginning balances from HTE to the new financial ERP.
This first amendment is requesting an additional $20,000 for audit services for the fiscal year audit ending June 30, 2023, and it is detailed in the table below.
Item
No. Description
Requested
Additional
Fee
1 Testing of additional IT general controls implemented in Tyler Munis 3,505 2 Understanding the new accounting system 2,445
3 Additional testing of internal controls due to change in accounting system (such as payroll, cash, and contracts)
4,995
4 Testing of transfer of H.T.E. FY2022 ending balances loaded to Munis 1,240 34 5 Time spent on importing new trial balance, grouping new accounts, and mapping new funds
7,815
Total 20,000
FY 2022/23 is the fourth year of the City's auditing contract with E+P, of a five year agreement to provide audit services to the City. With the proposed increase of $20,000 for FY2022/23, the fiscal year not to exceed amount will be changed from $216,100 to $236,100 and revising the total of the five-year contract from $1,075,100 to $1,095,100.
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 sufficient budget in the Finance operational contract to fund the proposed amendment.
For Finance Use Only: General Fund (Org. 1011602 Obj. 53210)
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on December 12, 2023 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Beth Vo, Assistant Chief Financial Officer
ATTACHMENTS
1. First Amendment to Agreement A-8223
2. Eadie + Payne Agreement A-8223
35 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. A-8223
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendment (“First Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 19th day of December, 2023 by and between the City of Oxnard, a municipal corporation (“City”), and Eadie + Payne, LLP. (“Consultant”). This First Amendment amends the Agreement entered into on May 19, 2020, by City and Consultant.
City and Consultant agree as follows:
1. Section 6 of the Cover Page of the Agreement is amended as follows:
a) The figure “$1,075,100.00” is replaced by the figure “$1,095,100.00”
2. The “Rates and Costs Exhibit” attached to the Agreement is amended to include the Additional Fees Exhibit. The Additional Fees Exhibit is attached hereto and incorporated herein by this reference into the Agreement.
3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
36 Agreement No. A-8223
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD EADIE + PAYNE, LLP
John C. Zaragoza, Mayor Date Eden C. Casareno, Partner Date
Frank Zabaleta, Managing PartnerDate
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
37 Agreement No. A-8223
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
ADDITIONAL FEES EXHIBIT
Additional fees for audit services for the fiscal year audit ending in June 30, 2023 FY 2022/23
Item
No. Description Requested
Additional Fee
1 Testing of additional IT general controls implemented in Tyler Munis 3,505 2 Understanding the new accounting system 2,445
3 Additional testing of internal controls due to change in accounting system (such as payroll, cash, and contracts) 4,995
4 Testing of transfer of H.T.E. FY2022 ending balances loaded to Munis 1,240 5 Time spent on importing new trial balance, grouping new accounts, and mapping new funds 7,815
Total 20,000
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: January 2, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32400249 with Amrep Manufacturing Company, LLC for Maintenance, Inspection and Repair of Amrep Refuse Collection Vehicles.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Amrep Manufacturing Company, LLC 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 $750,000 for the maintenance, inspection and repair of the City’s Amrep waste collection fleet on an on-call/as-needed basis.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023)
BACKGROUND
The Fleet Services Division (Division) of the Public Works Department performs maintenance and repairs on the City’s 55 Amrep waste collection fleet. Although the Division performs the majority of the maintenance on these vehicles, it requires a vendor to provide as-needed repairs and overflow maintenance to minimize downtime and keep the collection operations functioning at capacity.
The City’s waste collection fleet is composed of approximately 85% Amrep refuse trucks. Amrep is the OEM manufacturer of various types of refuse bodies. They design and manufacture the majority of the component parts that are used throughout the manufacturing and assembly of the body. As the manufacturer, they are the sole source provider of OEM parts, service and support. They do not offer OEM parts for sale through any dealers in California; therefore, any major rebuilds or warranties must be performed by Amrep.
DISCUSSION
Amrep Manufacturing Company, LLC is the sole provider of maintenance and repairs of Amrep refuse trucks. City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a sole source available to provide the required products and/or services. Having access to the manufacturer’s repair shop and OEM parts ensures maintenance can be performed in an efficient manner and warranty services can be obtained.
The Environmental Resources refuse collection operations are six days a week. These vehicles are extremely complex with several mechanical, electrical, and hydraulic systems. They are in use the entirety of the day sustaining constant repetitive use of the collection mechanisms. In order to keep them in reliable condition, maintenance service must be completed as scheduled with minimal downtime. At times, Amrep will perform maintenance and repairs under the direction of the Division to keep these vehicles in service and operating efficiently. The Division has been using Amrep for over 20 years.
Amrep Manufacturing Company, LLC 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 61 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 Amrep Manufacturing Company, LLC.
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 Amrep Manufacturing Company, LLC shall not exceed $750,000 through December 31, 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. The estimated spending plan per year is as follows:
Estimated Spending Plan for Amrep
Manufacturing Company, LLC
Account
Number
FY 2023-24
6 months
FY 2024-25
12 months
FY 2025-
26 12 months
FY 2026-27
12 months
FY 2027-28
12 months
FY 2028-29
6 months TOTAL
7413750-
55030
$25,000 $50,000 $50,000 $50,000 $50,000 $25,000 $250,000 7413750-
52110
$50,000 $100,000 $100,000 $100,000 $100,000 $50,000 $500,000
TOTAL $75,000 $150,000 $150,000 $150,000 $150,000 $75,000 $750,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on December 12, 2023 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jose Arreola, Fleet Services Manager
ATTACHMENTS
1. Agreement 32400249
62 TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND
AMREP MANUFACTURING COMPANY, LLC
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Amrep Manufacturing Company, 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. SUMM
ARY DESCRIPTION OF SERVICES. This Agreement is for mechanical and electrical repairs. Body repair and painting to Amrep refuse bodies for warranty claims and/or repairs to City equipment fleet on an as needed basis.
2. PAR
TIES.
CIT
Y OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Amr
ep Manufacturing Company, LLC (“SERVICE PROVIDER”), a LLC in the State of California, located at 1555 S. Cucamonga Ave. Ontario, California 91761
3. TERM OF AGREEMENT: From: January 3, 2024 To: December 31, 2024
3.1 Ti
me is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consecutive (1) one- year extensions, in accordance with the scope of work and gener al 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) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVIC E PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with S ection 20 of this Agreement.
AGREEMENT NO. 32400249
63 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: $ 750,000.
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 negotiat ions and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Jose Arreola Name: Kevin Pilon
Title: Fleet Services Manager Title: VP, Operations Phone: 805-385-8011 Phone: 909-923-0430 Email: [email protected] Email:k [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. 32400249
64 7.3. Al
l 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.
C
ITY 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. Onc e 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. 1 0. PAYMENT & INVOICES.
T
he CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
AGREEMENT NO. 32400249
65 10.1
Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or 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. 32400249
66 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 s hall 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.
AGREEMENT NO. 32400249
67 SE
RVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.
SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
AGREEMENT NO. 32400249
68 17.3
. Ownership – Generally. All i nventions, 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 granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the AGREEMENT NO. 32400249
69 SE
RVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have no t 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 perf ormed 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 PROV IDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent AGREEMENT NO. 32400249
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itted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of it s 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 restri cted 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 AGREEMENT NO. 32400249
71 CI
TY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification 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 consi dered 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 dol lars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
AGREEMENT NO. 32400249
72 26.2
. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
27. CONFLICT OF INTEREST
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 officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY de termines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
28. [RESERVED]
29. [RESERVED]
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
AGREEMENT NO. 32400249
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d an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by 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 AGREEMENT NO. 32400249
74 ident
ification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
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 an d 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.
AGREEMENT NO. 32400249
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h Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
41. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enfor cement 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. 32400249
76 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 AMREP MANUFACTURING COMPANY, LLC
☐John C. Zaragoza, Mayor1 Date Eric Mattson, President Date ☐Jennifer Yates, 2
Purchasing Manager
Zakary Thumbi, VP Finance3 Date
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate s igners, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
AGREEMENT NO. 32400249
77 EX
HIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Amrep Manufacturing Company, LLC)
SCOPE OF SERVICES
CITY PROJECT MANAGER FOR THI S AGREEMENT: Jose Arreola / 805- 385-8011 / [email protected]
SERVICE PROVIDER shall provide parts, mechanical and electrical repairs, body repair and painting, to Amrep Refuse bodies 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 as needed.
Maintenance:
Includes but is not limited to: fluid and filter 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 systems, hydraulic system and includes replacement of defective or failed parts, and modifications to equipment.
Body Repair and Painting:
SERVICE PROVIDER shall provide body repair and painting services for the City’s Amrep Refuse bodies, to include but not be limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, 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 are to be included in the repair estimate.
General Shop Requirements:
AGREEMENT NO. 32400249
78 SERVI
CE 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 provide 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 or remanufactured 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 AGREEMENT NO. 32400249
79 spec
ifications contained herein. If OEM parts are not available or obsolete, notification to the City of Oxnard is required for approval.
Major Repairs:
If metal body or plastic components are damaged beyond repair, the damaged area wi ll 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 material defects and/or material imperfections in body work or paint finish.
AGREEMENT NO. 32400249
80 EX
HIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Amrep Manufacturing Company, LLC)
SCHEDULE OF COMPENSATION
PARTS LABOR
Parts will be charged at standard pricing $155.00 per hour
AGREEMENT NO. 32400249
81 EX
HIBIT C
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Amrep Manufacturing Company, 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 listed 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. 32400249
82 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.
11/23
AGREEMENT NO. 32400249
83 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. 32400249
84 SAMPL
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
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, BUT 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. 32400249
85 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS:
Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I ( print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/23 INS-T.doc
AGREEMENT NO. 32400249
86 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE
(MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
B roker/Agent Underwriter
I ( print/type name), warrant that I have authority to bind the above- mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/23 INS-T.doc
AGREEMENT NO. 32400249
87 EX
HIBIT D
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Amrep Manufacturing Company, LLC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a lo cation readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine a nd penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
AGREEMENT NO. 32400249
88 CIT
Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such em ployee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024 , and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
AGREEMENT NO. 32400249
89 EX
HIBIT E
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Amrep Manufacturing Company, LLC)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVI DER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing r ates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SER VICE AGREEMENT NO. 32400249
90 PR
OVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
AGREEMENT NO. 32400249
91 13. To
the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
AGREEMENT NO. 32400249
92 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: January 2, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: First Amendment to Trade Services Agreement A-8263 with UniFirst Corporation for Multi Divisional Uniform Rental, Purchase, and Laundry Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with UniFirst Corporation for uniform rental, purchase, and laundry services for multi-divisions; extending the term for nine months from January 31, 2024 to October 31, 2024 and increasing the contract total by $100,000 for a new contract total not to exceed $770,000.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023)
BACKGROUND
The Public Works Department supplies uniforms for employees in the Environmental Resources, Water, Wastewater, Streets, Parks, Facilities, Fleet, and Special Districts Divisions. Approximately 345 Public Works employees have been designated as “uniformed” employees, meaning that those individuals are required to wear uniforms as a condition of their employment. These employees receive work pants and work shirts specific to the type of work being performed.
Many of the activities performed by these individuals are such that the uniforms should be laundered by a commercial laundry service rather than by the individual employee. Uniformed employees are exposed to heavy oils, solvents, chemicals, and corrosive materials while performing their daily tasks. Furthermore, providing respective City staff with uniforms aligns with the Memorandum of Understanding (MOU) between the International Union of Operating Engineers (IUOE) as well as the Service Employees International Union (SEIU) labor groups. The MOUs with both labor groups state:
“City shall provide uniforms, or portions of uniform costs, or uniform service, to each Unit employee required to be “uniformed.” Unit employees designated as “uniformed” are those required to wear uniforms and/or safety shoes as a condition of employment. In addition, City will provide legally required safety equipment, and pay the cost for repairing uniforms damaged in the course and scope of employment without negligence by such employee.”
On January 5, 2021, the City Council approved Agreement Number A-8263 for $670,000 with UniFirst Corporation (UniFirst) for citywide uniform rental, purchase, and laundry services from February 2, 2021 to January 31, 2024.
DISCUSSION
Uniforms provide a level of protection for applicable employees as it relates to personal protective equipment (PPE) for certain day to day activities. Also, the wearing of uniforms identifying employees as City workers and provides a reassurance of affiliation to the City for the public that City workers may encounter during routine business (e.g., water service repairs).
In anticipation of the expiration of Agreement A-8263 in February 2024, on September 18, 2023, the City’s Purchasing 93 Division conducted a formal solicitation for uniform rental, purchase, and laundry service (Solicitation Number PW 24- 08). Information regarding the solicitation was posted on the City’s website, in addition to www.publicpurchase.com, a website where solicitations are publicly posted. The City received no solicitation responses prior to the deadline of October 18, 2023. The approval of a First Amendment will allow time for staff to issue a new solicitation for bids or requests for proposals.
At the close of the solicitation period, the Purchasing Department reached out to several known potential bidders, including UniFirst, Mission Linen, Prudential, and Cintas, to inquire if there were any specific reasons why their company did not submit a proposal for the solicitation. The prospective bidders cited poor timing for their company, or change in staffing that resulted in a lack of a response from their company. All bidders expressed interest in submitting a proposal if the City were to release a new solicitation.
Staff negotiated with UniFirst to extend the current agreement by nine months with no increase to current rental rates to allow staff time to issue a new solicitation to be brought to the City Council by early fall of 2024.
This Agreement includes uniform purchases as well as rental and laundry services of shop towels and rags. Additionally, the Fire Department will utilize this contract to provide mats at each fire station and the fire administration building.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total cost of this Amendment with UniFirst shall not exceed $100,000 with a new total contract value of $770,000 through October 31, 2024. There are sufficient funds in the various funds, shown below, within the City Council approved FY 2023-24 Operating Budget. Subsequent fiscal year funding will be requested in the annual budget process.
Department Account FY 2024
(5 months)
FY 2025 (4
months)
Total
General Fund-Street
Maintenance 1013401-52300 $2,275 $1,795 $4,070
General Fund-Parks &
Public Grounds 1013301-53200 $2,275 $1,795 $4,070
General Fund-Trees &
Medians 1013302-52300 $60 $50 $110
Special Districts Fund
200003801-
52300 $275 $190 $465
Water Operations Fund 6013600-52300 $3,185 $2,565 $5,750 Wastewater Fund-
Collections - Source
Control 6113612-53200 $910 $770 $1,680
Wastewater Fund-
Collections - Enterprise 6113613-53200 $1,665 $1,285 $2,950 Wastewater Fund-
Treatment Enterprise 6113614-53200 $3,790 $2,990 $6,780 Wastewater Fund-
Treatment System Maint-
Enterprise 6113615-53200 $5,000 $4,020 $9,020
94 Environmental Resources
Fund 6313630-53200 $23,425 $18,300 $41,725
Facilities Maintenance
fund 7353740-52600 $125 $940 $1,065
Fleet Services Fund 7413750-53200 $5,150 $4,070 $9,220
General Fund-Fire
Department 1012501-52400 $1,365 $1,115 $2,480
As-needed Various $6,000 $4,615 $10,615
TOTAL $55,500 $44,500 $100,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on December 12, 2023 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Steve Howlett, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Omar Castro, Water Division Manager, Eric Zetz, Division Manager, Jose Arreola, Fleet Services Manager, Philip Schwieder, Streets Division Manager, Eric Storrie, Special Districts Manager
ATTACHMENTS
1. A-8263 1st Amendment
2. UniFirst - A-8263 Original Agreement
95 FI
RST AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8263
FIRST AMENDMENT TO TRADE SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Unifirst Corporation (“Vendor”). This Trade Services Amendment amends the Agreement entered into on February 1, 2021, by City and Vendor.
City and Vendor agree as follows:
1. Th
e date in Section 5 of the Cover Page of the Agreement is hereby amended to “October 31, 2024.”
2. The
amount in Section 6 of the Cover Page of the Agreement is hereby amended to $770,000.
3. As
so amended, the Agreement remains in full force and effect. [S
ignatures on next page]
96 Agreement No. A-8263
FIRST AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19) IN WI
TNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF
OXNARD UNIFIRST CORPORATION
☐John C. Zaragoza, Mayor1 Date Steven Sintros, CEO Date ☐Jennifer Yates, Purchasing Agent 2
D ate
ATTEST:
David Difillipo, 3
Executive Vice President
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVE
D 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. 97 98
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CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. L.1
DATE: January 2, 2024
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Subdivision of a 4.16-acre lot into 25 lots for condominium purposes, located at 1400 Graves Avenue and 2301 Santiago Court (APN: 214-0-031-025). Filed by Garry Collett, California Commercial Investment Companies, 4530 East Thousand Oaks Boulevard, Suite 100, Westlake Village, California 91362. (20 minutes)
RECOMMENDATION
That the City Council:
1. Conduct a public hearing;
2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(k) (Existing Facilities); and,
3. Adopt a Resolution approving Planning and Zoning Permit No. 22-300-03 for a Tentative Subdivision Map (Tentative Tract Map No. 6062), subject to certain findings and conditions. (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/Ix_rWwSR0Cg
BACKGROUND
On November 16, 2023, the Planning Commission found the project exempt from CEQA and approved this item 6-
0. The project site is the location of a recently approved development of two industrial buildings containing 12 tenant spaces each (for a total of 24 spaces) for industrial uses on the 4.16-acre lot. This Tentative Subdivision Map will subdivide the property to create one lot for common area (containing parking, driveways, landscaping and pedestrian pathways) and 24 lots matching the tenant spaces within the existing buildings to create industrial condominiums. This subdivision will create the ability for each tenant space within each of the industrial buildings to be sold, while creating a common lot and a mechanism for maintenance of common areas (Attachment 2). The Planning Commission adopted Resolution No. 2023-39 approving Planning and Zoning Permit No. 23-500-08 for a Special Use Permit and adopted Resolution No. 2023-38 recommending the City Council approve Planning and Zoning Permit No. 22-300-03 for a Tentative Subdivision Map (Tentative Tract Map No. 6062), subject to certain findings and conditions (Attachments 3 and 4).
With the Planning Commission approval of the project (the Special Use Permit is required with an industrial condominium subdivision pursuant to Oxnard City Code (OCC) Section 16-395) on November 16, 2023, the only remaining item needing action before the City Council is the Tentative Subdivision Map.
DISCUSSION
The Project site is located on the northeast corner of Santiago Court and Graves Avenue. The Project site is currently 136
under construction with the previously approved industrial buildings (permitted by Development Design Review (DDR) Permit No. 20-200-07). For more information regarding previous developments on the subject property, please refer to Section 3 of the Planning Commission Staff Report (Attachment 3).
Site Design
The Tentative Subdivision Map would create the ability for each tenant space within the industrial buildings to be sold, while creating a lot and mechanism for maintenance of common areas. The access, driveways, parking, landscaping and other development standards were approved with the original DDR entitlement for the industrial buildings, but that DDR approval will be superseded by the Special Use Permit that has been processed concurrently with this subdivision and is required pursuant to Oxnard City Code (OCC) Section 16-395. For more information regarding the proposed site design of the tentative map, please refer to Section 6e of the Planning Commission Staff Report (Attachment 3).
Access to the site will be provided from both Graves Avenue and Santiago Court with enhanced concrete driveways. Lot 1 of the proposed subdivision is a common space lot and contains all of the parking and driveways, which will be shared with all the condominium lots.
Tentative Subdivision Map
Approval of the Tentative Subdivision Map will allow the subdivision of the property to create one lot for common area (containing parking, driveways, landscaping and pedestrian pathways) and 24 lots matching the tenant spaces within the existing buildings for industrial condominiums, and will create the ability for each tenant space within the industrial buildings to be sold, while creating a lot and mechanism for maintenance of common areas. Planning Commission Resolution No. 2023-38 includes Conditions of Approval (COA) for the tentative map. For a complete list of conditions, please refer to Planning Commission Resolution No. 2023-38 (Attachment 4).
In accordance with Division 2 of Chapter 15 “Subdivision Ordinance” of the Oxnard City Code, the City Council is the final decision-making body for subdivision applications. As proposed, the subdivision complies with the minimum standards of the Limited Manufacturing (M-L) zone. For more information regarding the Limited Manufacturing (M-L) zone standards, please refer to Section 6c of the Planning Commission Staff Report (Attachment 3).
Environmental Review
In accordance with Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as subdivision of existing commercial buildings may be found to be exempt from the requirements of the CEQA. As identified in the draft Resolution prepared for this request, and as recommended by the Planning Commission, the project can be characterized as existing facilities and meets the requirement of a Class 1 Categorical Exemption. The Planning Commission found there is no substantial evidence that the Project may have a significant effect on the environment and recommends that the City Council find the project to be Categorically Exempt from environmental review pursuant to the CEQA Guidelines Section 15301 (Existing Facilities), and direct the Planning & Environmental Services Manager to file a Notice of Exemption (Attachment 5) with the Ventura County Clerk pursuant to Section 15062 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of the Project.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce and invite new business investments.
FINANCIAL IMPACT
The approval of the map provides the opportunity for future business that will result in increased property tax revenue to the City. When completed, the industrial lots will generate property taxes to the City.
COMMITTEE OUTCOME
137
This project did not originate in one of the City Council Committees and this is a public hearing for a project application that was considered by the Planning Commission. On November 16, 2023, the Planning Commission took action and adopted Resolution No. 2023-38 recommending that the City Council approve Planning and Zoning Permit No. 22-300- 03 (Tentative Subdivision Map), subject to certain findings and conditions.
Prepared by: Jay Dobrowalski, Planning Supervisor
ATTACHMENTS
1. Maps (Vicinity, General Plan, Zoning, Aerial)
2. Tentative Subdivision Map
3. Planning Commission Staff Report November 16, 2023 (no attachments)
4. Planning Commission Resolution No. 2023-38
5. Santiago Map CEQA Notice of Exemption
6. Santiago Map Draft Resolution
7. Santiago Map Presentation
138
PZ 22-300-03
PZ 23-500-08
FIFTH STH ST
1 C ST
VENTURA RD
OXNARD BLVD
RICE AVE
HUENEME RD
J ST
GONZALES RD
VINEYARD AVE
WOOLEY RD
BARD RD
101 FRWY
SAVIERS RD
DORIS AVE
CENTRAL AVE
ROSE AVE
CASPER RD
THIRD ST
23RD AVE
CAMINO DEL SOL
D ST
BRISTOL RD
ARNO
LD RD
NINTH ST
OLIVAS PARK DR
W
EST RD
NAUM
AN RD
TEAL CLUB RD
PERIMETER RD
HARBOR BLVD
MARKET ST
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COMMUNITYDEVELOPMENTDEPARTMENTOXNARDPLANNINGDIVISION214SOUTHCSTREETOXNARD,CALIFORNIA93030
NOTICEOFEXEMPTION
ProjectDescription:SantiagoIndustrialSuitesTentativeMap;TheapplicantrequestsaTentativeSubdivisionMap(PermitNo. 22-300-03)and SpecialUsePermit(PermitNo.23-500-08)tosubdividea4.16-acrelotforcondominiumpurposes.Theprojectsiteisthelocationofarecentlyapprovedandunderconstructiondevelopmentoftwoindustrialbuildingscontaining12 tenantspaceseach(fora totalof24condominiumspaces)forindustrialusesona vacant4.16-acrelot.TheTentativeSubdivisionMapwouldsubdividethepropertytocreateonelotforcommonarea(containingparking,driveways,landscapingandpedestrianpathways)and24lotsmatchingthebuildingsforindustrialcondominiums,andwouldcreatetheabilityforeachtenantspacewithinthe industrialbuildingsto be sold,whilecreatinga lot andmechanismformaintenanceofcommonareas.TheSpecialUsePermit(SUP)isrequiredforthecondominiumsubdivisionandwillsupersedethepreviouslyapprovedDevelopmentDesignReview(DDR)Permit(PermitNo.20-200-07).TheProjectislocatedat1400GravesAvenue(BuildingA)and2301SantiagoCourt(BuildingB)withintheLimitedManufacturing(M-L)zone.
Finding:ThePlanningDivisionof theCommunityDevelopmentDepartmentof theCityofOxnardhasreviewedtheaboveproposedprojectandfoundittobeexemptfromtheprovisionsoftheCaliforniaEnvironmentalQualityAct(CEQA). ☐ MinisterialProject☒ CategoricalExemption☐ StatutoryExemption☐ EmergencyProject☐ QuickDisapproval[CEQAGuidelines,14Cal.CodeofRegs.15270]☐ NoPossibilityofSignificantEffect[CEQAGuidelines,14Cal.CodeofRegs.15061(b)(3)] SupportingReasons:In accordancewithSection15301(Class1, ExistingFacilities)of theCaliforniaEnvironmentalQualityAct(CEQA)Guidelines,projectscharacterizedassubdivisionofexistingcommercialbuildingsmaybefoundtobeexemptfromtherequirementsoftheCEQA.Thisproposalincludesa TentativeMapforsubdivisionoftheexistingindustrialbuildingsandpropertyforcondominiumpurposesandaSpecialUsePermitforthetwoindustrialbuildingswithtenantspacesthatareconsistentwiththeGeneralPlanlandusedesignationofIndustrialLimited(ILM)andthezoningdesignationofLimitedManufacturing(M-L). Thedevelopmentislocatedona 4.16-acreprojectsitewhichis surroundedbyurbanuses. TheProjectsitewillbeadequatelyservedbyallrequiredutilitiesandpublicservices. TheProjectsitehasnovalueashabitatforendangered,rareorthreatenedspecies.Additionally, thisProjectwillnotresultinanysignificanteffectsrelatingto traffic,noise,airquality, orwaterquality. NoExceptionstotheExemptions(Section15300.2)applytodefeattheExemption. ____________________________(Date)
____________________________________JoePearsonIIPlanningandEnvironmentalServicesManager 168
RESOLUTIONNO._______
A RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAPPROVINGPLANNINGAND ZONINGPERMITNO. 22-300-03(TENTATIVETRACTMAPNO.6062)TO SUBDIVIDEANEXISTING4.16ACREPARCELINTO 25 LOTSFORINDUSTRIALCONDOMINIUMPURPOSESLOCATEDAT 2301SANTIAGOCOURT AND1400GRAVESAVENUE(APN:214-0-031-025),SUBJECTTO CERTAINFINDINGSANDCONDITIONS.FILEDBYGARYCOLLETT, SANTIAGOINVESTMENTOZ,LP, 4530EASTTHOUSANDOAKSBOULEVARD,SUITE100,WESTLAKEVILLAGE,CALIFORNIA91362.
WHEREAS,SantiagoInvestmentOZ,LPownsa 4.16acreparcellocatedat 2301SantiagoCourtand1400Graves(APN:214-0-031-025);and WHEREAS,onOctober5,2022,GarryCollettonbehalfofSantiagoInvestmentOZ,LP(the“Applicant”and/or“Permittee”), submitteda requestto subdividea parcelwhichcontainsan approvedandunderconstructionindustrialdevelopment(referredto asSantiagoIndustrialSuites,permittedwithPlanningandZoningPermitNo.20-200-07),concurrentwitha SpecialUsePermitapplication(PlanningandZoningPermitNo.23-500-08)requiredbyOxnardMunicipalCodeSection16-395,generallylocatedat1400Gravesand2301SantiagoCourt(APN:214-0-031-025);and WHEREAS,onNovember16,2023,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”)conducteda dulynoticedpublichearingandconsideredtheApplicant’srequestto approvePlanningandZoningPermitNo.22-300-03(TentativeSubdivisionMap)tosubdividea 4.16acrepropertyforcondominiumpurposesinto25lotslocatedat1400Gravesand2301SantiagoCourt(APN:214-0-031-025)inaccordancewithSection16-531oftheOxnardCityCode;and WHEREAS,said tentativesubdivisionmap was referredto City departmentsforrecommendationsandconditionsofapprovalfortheprojectthatareincorporatedwithintherecommendedentitlements,and WHEREAS,theTentativeMap,togetherwiththeprovisionsforitsdesignandimprovementareconsistentwiththe2030GeneralPlanelementsthereof;and WHEREAS,PlanningCommissionoftheCityofOxnardhasconsideredanapplicationforPlanningandZoningPermitNos.23-500-08(SpecialUsePermit);and WHEREAS,thePlanningCommissionfoundthattheApplicantagreeswiththenecessityofandacceptsall elements,requirements,and conditionsof this Resolutionas beingareasonablemannerof preserving,protecting,providingfor, andfosteringthehealth,safety, andwelfareofthecitizenryingeneralandthepersonswhowork,visitorliveinthissubdivisioninparticularandrecommendedtheCityCounciloftheCityofOxnard(“CityCouncil”) toapprovePlanningandZoningPermitNo.22-300-02;and WHEREAS,onJanuary2,2024,theCityCouncilconducteda dulynoticedpublichearingtoconsiderApplicant’s requestto approvePlanningandZoningPermitNo.22-300-02 169
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page2of10 (TentativeMap),reviewedthe request,and carefullyreviewedthe PlanningCommission’s ResolutionNo. 2023-38,recommendingapprovalof the TentativeSubdivisionMap,subjecttocertainfindingsandconditions;and WHEREAS,theCityCouncilfindstheproposedsubdivisiontogetherwiththeprovisionsforitsdesignandimprovement,is consistentwiththe2030GeneralPlan,OxnardCityCode;and WHEREAS,thePlanningandEnvironmentalServicesDivisionhascompleteda preliminaryenvironmentalassessmentoftheProjectinaccordancewiththeCaliforniaEnvironmentalQualityAct(CEQA)anddeterminedthattheProjectis subjecttoa Class1 CategoricalExemption(Section15301).Further, theprojectdoesnottriggeranyoftheExceptionstotheExemptions(Section15300.2)todefeattheExemption:
(a) Location.Classes3,4,5,6,and11arequalifiedbyconsiderationofwheretheprojectis to be located-- a projectthatis ordinarilyinsignificantin itsimpactontheenvironmentmayina particularlysensitiveenvironmentbesignificant.Therefore, theseclassesare consideredtoapplytoallinstances,exceptwhere theprojectmayimpacton an environmentalresource ofhazardousor criticalconcernwhere designated,preciselymapped,andofficiallyadoptedpursuanttolawbyfederal,state,orlocalagencies.
Theprojectsitehasa GeneralPlanlandusedesignationofIndustrialLimited(ILM)anda zoningdesignationofLimitedManufacturing(M-L).Theprojectissurroundedonallfoursidesbyurbandevelopment.Theprojectsiteandadjacentsitesdonotcontainanyknownenvironmentalresourceofhazardousorcriticalconcern.Therefore,theprojectwillhavenoimpactonanenvironmentalresourceofhazardousorcriticalconcern. (b) CumulativeImpact.Allexemptionsfortheseclassesare inapplicablewhenthecumulativeimpactof successiveprojectsof thesametypeinthesameplace,overtimeissignificant.
TheproposedindustrialsuitesandcondominiumsubdivisiondevelopmentisconsistentwiththeGeneralPlanandOxnardCityCodeandis compatiblewiththephysicalscaleandcharacterofallowabledevelopmentintheprojectarea.AnyprojectsrequiringdiscretionaryapprovalwouldbeanalyzedwiththeGeneralPlanandtheOxnardCityCodeforconsistencyandCEQAforanypotentialimpacts.Therefore,theprojectwillhavenosignificantcumulativeimpact. (c) SignificantEffect.A categoricalexemptionshallnotbeusedforanactivitywhere there isa reasonablepossibilitythattheactivitywillhaveasignificanteffectontheenvironmentduetounusualcircumstances. 170
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page3of10 Theproposedindustrialsuitessubdivisionforcondominiumpurposeswillnotresultin an unusualcircumstancethatwouldcausethe projectto haveasignificanteffecton theenvironment.Theprojectwillnotaltertheindustrialcharacterofthesurroundingdevelopmentandthepropertydoesnotcontainanyunusualenvironmentalcharacteristicsasthepropertyisgenerallysurroundedonall sidesby industrialdevelopment.Therefore,the projectwillnot haveasignificanteffectontheenvironmentduetounusualcircumstances. (d) ScenicHighways.A categoricalexemptionshallnotbeusedfora projectwhichmayresultindamagetoscenicresources,includingbutnotlimitedto,trees,historicbuildings,rockoutcroppings,orsimilarresources,withinahighwayofficiallydesignatedasa statescenichighway. Thisdoesnotapplyto improvements,whichare requiredasmitigationbyanadoptednegativedeclarationorcertifiedEIR.
Theprojectisnotlocatedinoradjacenttoastatedesignatedscenichighway. (e) HazardousWasteSites.A categoricalexemptionshallnotbe usedforaprojectlocatedona site,whichisincludedonanylistcompiledpursuanttoSection65962.5oftheGovernmentCode.
TheproposedprojectsiteisnotincludedonanylistcompiledpursuanttoSection65962.5oftheGovernmentCodeasconfirmedbystaff onMay7,2021. (f) HistoricalResources.Acategoricalexemptionshallnotbeusedforaproject,whichmaycausea substantialadversechangein thesignificanceof ahistoricalresource.
Theprojectsitedoesnotcontainan existingor potentiallandmark,pointofinterest,orhistoricresource,anditisnotlocatedwithinanexisting,proposed,orpotentialHistoricDistrict.Therefore,the proposedprojectwillnot causeasubstantialadversechangeinthesignificanceofahistoricalresource.
WHEREAS,theCityCouncilfindsthattheapplicantagreeswiththenecessityofandacceptsallelements,requirements,andconditionsofthisResolutionasbeinga reasonablemannerofpreserving,protecting,providingfor, andfosteringthehealth,safety, andwelfareofthecitizenryin generalandthepersonswhowork,visitorliveinthissubdivisioninparticular;and NOW, THEREFORE,BEIT RESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARD:
SECTION1. Basedon theentirerecordbeforetheCityCouncilandallwrittenandoralevidencepresented,includingtheCityCouncilStaff Reportandallattachmentsthereto,theCityCouncilfinds:
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ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page4of10 ConsistentwithCaliforniaGovernmentCodeSection66474,a legislativebodyof a cityorcountyshalldenyapprovalofatentativemap,oraparcelmapforwhichatentativemapwasnotrequired,ifitmakesanyofthefollowingfindings:
a) ThattheproposedmapisnotconsistentwithapplicablegeneralandspecificplansasspecifiedinSection65451.
AsdescribedingreatdetailinthePlanningCommissionStaff Report,(Sections6(b),6(c)and6(e)and7),theprojectisconsistentwiththegeneralplanandzoning.Theprojectsitehasa GeneralPlandesignationofIndustrialLimited(ILM)anda zoningdesignationofLimitedManufacturing(M-L).Theprojectsiteisnotlocatedwithina SpecificPlanarea.Theprojectis consistentwiththe GeneralPlanDesignation,zoningdesignationandapplicablepoliciesandregulations.Therefore,theprojectdoesnotmeetthisfindingwhichmeanstheProjectcanbesupported. b) Thatthedesignorimprovementoftheproposedsubdivisionisnotconsistentwithapplicablegeneralandspecificplans.
Thedesignandimprovementoftheproposeddevelopmentis consistentwithapplicableprovisionsoftheCity’s 2030GeneralPlanbecausetheproposedsubdivisionandindustrialusesupportstheproposeddevelopmentimprovements,withtherequiredinfrastructure.Therefore,the projectdoesnot meetthisfindingwhichmeansthe Projectcanbesupported. c) Thatthesiteisnotphysicallysuitableforthetypeofdevelopment.
ThesiteisphysicallysuitablefortheproposedtypeofdevelopmentbecausethedivisionoflandincludesanindustrialprojectthatisconsistentwiththeLimitedManufacturing(M-L)zonedevelopmentstandardsandhasbeendesignedtobearchitecturallycompatiblewiththecharacterof thesurroundingneighborhood.Thesiteis physicallysuitablefortheproposedtypeofdevelopmentbecausethesiteisrelativelylevelandisnotsubjecttosoiland/orgeologicconditionsindicatingsubstrateinstability. Therefore,theprojectdoesnotmeetthisfindingwhichmeanstheProjectcanbesupported. d) Thatthesiteisnotphysicallysuitablefortheproposeddensityofdevelopment.
Thesiteis physicallysuitablefortheproposeddensityofthedevelopment.Theproposedsubdivisionandindustrialbuildingswillbelocatedona 4.16-acre(181,432square-feet)lot.TheZoningCodeallowsa maximumof50%lotcoverage.ThedevelopmentproposedundertheSpecialUsePermitincludes74,770square-feetofdevelopment,whichrepresentsapproximately35.8%lotcoverage.TheproposedfacilityisconsistentwithapplicableCitystandards(seeStaff Report).TheProjecthasbeendesignedto beconsistentwiththedevelopmentanddesignstandardsincludedwithintheZoningCode,including,butnotlimitedto, maximumbuildingheight,front,side and rearsetbacks,lot coverage,landscaping,parkingstandards,andequipmentscreeningstandards.Theprojectsitehas 172
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page5of10 directaccessfromGravesAvenueandSantiagoCourtviadrivewaysto the170spaceparkingarea.Theparkingareaandtheperimeterofthesiteincludelandscapingtoscreentheproposeddevelopmentfromtheroadways.Thus,thesitefortheproposedindustrialfacilityis physicallysuitablefortheproposeddensityofthedevelopment.Therefore,theprojectdoesnotmeetthisfinding,whichmeanstheProjectcanbesupported. e) Thatthedesignofthesubdivisionortheproposedimprovementsarelikelytocausesubstantialenvironmentaldamageorsubstantiallyandavoidablyinjurefishorwildlifeortheirhabitat.
Thedesignoftheproposedlanddivisionandparcelimprovementsis notlikelytocausesubstantialenvironmentaldamageorsubstantiallyandinavoidablyinjurefishorwildlifeortheirhabitatbecauseitislocatedwithinadevelopedurbanareaoftheCitythatcontainsnoenvironmentallysensitivehabitatand/orspecies.TheprojecthasbeenfoundtobeexemptfromCEQApursuantto Section15301,whichappliesto thesubdivisionof existingcommercialbuildings.Therefore,theprojectdoesnotmeetthisfindingwhichmeanstheProjectcanbesupported. f) Thatthedesignofthesubdivisionortypeofimprovementsislikelytocauseseriouspublichealthproblems.
Pursuanttothe2030GeneralPlanlandusedesignationofIndustrialLimited(ILM),theproposeduse of the projectsite as an industrialdevelopmentwithassociatedsiteimprovementsis an alloweduse.Thesurroundingusesarecharacterizedby businessresearchpark,lightindustrial,andresidentialuses.Constructionactivities,anticipateduses,anddevelopmentdesignwillbesubjecttostandardconstructionrequirementsofthelocalBuilding,Fire,andTrafficCodes.Theproposeddevelopmentwillbeconsistentwiththeexistinglightindustrialdevelopmentadjacenttotheprojectsite.TheprojectsiteislocatedacrossGravesAvenuefromexistingapartmentbuildingsthataregenerallyscreenedbylandscapetreesintheparkway. TheproposedindustrialdevelopmentwillalsobescreenedfromtheroadwaybylandscapingalongGravesAvenueandSantiagoCourt.Therefore,theproposeduseandimprovementswillnotadverselyaffectorbemateriallydetrimentaltotheadjacentuses,buildingsor structuresor to thepublichealth,safetyorgeneralwelfare.Therefore,thisprojectdoesnotmeetthisfinding,whichmeansthe Projectcanbesupported. g) Thatthedesignofthesubdivisionorthetypeofimprovementswillconflictwitheasements,acquiredbythepublicatlarge,foraccessthroughoruseof,propertywithintheproposedsubdivision.Inthisconnection,thegoverningbodymayapproveamapifitfindsthatalternateeasements,foraccessorforuse,willbeprovided,andthatthesewillbesubstantiallyequivalenttoonespreviouslyacquiredbythepublic.Thissubsectionshallapplyonlytoeasementsofrecordortoeasementsestablishedbyjudgmentofacourtofcompetentjurisdictionandnoauthorityisherebygrantedtoalegislativebodytodeterminethatthepublicatlargehasacquiredeasementsforaccessthroughoruseofpropertywithintheproposedsubdivision. 173
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page6of10 Thedesignoftheproposedlanddivisionandparcelimprovementswillnotconflictwitheasements,acquiredbythepublic-at-large,foraccessthroughoruseofpropertywithinthesubdivisionbecause,as conditioned,no buildingswouldbe locatedin theareaof theexistingpublicutilitieseasements,allblanketeasementsor othereasementthatarenolongerneededbytheCityshallbeabandoned,andthereisnoneedforneworadditionaleasement(s)forthepublic-at-large.TheCityCounciloftheCityofOxnardfindsthattheproposeddivisionoflandcomplieswithrequirementsestablishedbytheSubdivisionMapActandthischapter, includingbutnotlimitedtorequirementsastoarea,improvementanddesign,floodwaterdrainagecontrol,appropriateimprovedpublicroads,sanitarydisposalfacilities,watersupplyavailability, andenvironmentalprotection.Therefore,thisprojectdoesnotmeetthisfindingwhichmeanstheProjectcanbesupported.
SECTION2. TheCityCouncil,inaccordancewiththeCaliforniaEnvironmentalQualityAct(CEQA),determinesthattheProjectwillnothaveasignificantimpactontheenvironmentandiscategoricallyexemptfromCEQApursuanttoArticle19,Section15301(Class1)ofthe StateCEQAGuidelines.Thissectionpertainsto projectscharacterizedas thesubdivisionof existingcommercialbuildings,meetingcertainconditionsasdescribedinthefindingscontainedwithinthisresolution.Theprojectwillnotresultinanysignificanteffectsrelatingtotraffic,noise,orairquality. TheCityCouncilhasdeterminedthatthereisnosubstantialevidencethattheprojectwillhaveasignificanteffectontheenvironmentandnoExceptionsto theExemptions(Section15300.2)applytodefeattheExemption.ThePlanning& EnvironmentServicesManageris herbyauthorizedtofilea NoticeofExemptionwiththeVenturaCountyClerkpursuanttoSection15602oftheStateCEQAGuidelineswithinfive(5) workingdaysof passage,approvalandadoptionof thisResolution.
SECTION3. Basedonthefindingssetforthherein,theCityCouncilapprovesPlanningandZoningPermitNo.22-300-02(TentativeSubdivisionMap),subjectto the attachedconditionsofapproval.
SECTION4. TheSecretaryshallcertifytheadoptionofthisResolution.
CONDITIONSOFAPPROVALFORTENTATIVETRACTMAPNO.6062(PLANNINGANDZONINGPERMITNO.22-300-02) Note: The abbreviations belowidentify the City department or division responsiblefor determiningcompliancewiththese standardconditions. The first department or divisionlistedhasresponsibilityfor complianceat plancheck, thesecondduringinspectionandthethird at final inspection, prior to issuanceof acertificateof occupancy, or at alater date, asspecifiedinthecondition. If morethanonedepartment or division is listed, the first will check the plans or inspect the project before the second confirms compliance with thecondition. The italicized code at the end of each condition provides internal information on the source of each condition: Some arestandardpermit conditions(e.g. G-1) whilesomearetakenfrom environmental documents (e.g. MND-S2).
DEPARTMENTSANDDIVISIONS
CA CityAttorney PL PlanningDivision
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PD PoliceDepartment B BuildingPlanChecker
SC SourceControl FD FireDepartment
PK LandscapeDesign CE CodeCompliance
GENERALPROJECTCONDITIONS
1. Thispermitis grantedforthepropertydescribedin theapplicationonfilewiththePlanningDivision,andmaynotbetransferredfromonepropertytoanother. (PL,G-1).
2. Thispermitis grantedfortheplansdatedJanuary2,2024,(“theplans”)onfilewiththePlanningDivision.Theprojectshallconformtotheplans,exceptasotherwisespecifiedin theseconditions,or unlessa minormodificationto theplansis approvedby thePlanningand EnvironmentalServicesManager(“PlanningManager”)or a majormodificationtotheplansisapprovedbythePlanningCommission.Aminormodificationmaybegrantedforminimalchangesorincreasesintheextentofuseorsizeofstructuresorofthedesign,materialsorcolorsofstructuresormasonrywalls.Amajormodificationshallberequiredforsubstantialchangesorincreasesinsuchitems.(PL,G-2)
3. BycommencinganyactivityrelatedtotheProjectorusinganystructureauthorizedbythispermit,Developeracceptsalloftheconditionsandobligationsimposedbythispermitandwaivesanychallengetothevalidityoftheconditionsandobligationsstatedtherein.(CA,G-5)
4. Anycovenants,conditions,andrestrictions(CC&Rs)applicabletotheprojectpropertyshallbeconsistentwiththetermsofthispermitandtheCityCode.Ifthereisa conflictbetweentheCC&RsandtheCityCodeorthispermit,theCityCodeorthispermitshallprevail.(CA,G-7)
5. Developershallcompletethe“Noticeof LandUseRestrictionsandConditions”form,usingtheformprovidedbytheCity, forrecordingwiththeVenturaCountyRecorder.BeforetheCityissuesbuildingpermits,Developershallsubmittheoriginalcompleted,signedandnotarizeddocument,togetherwiththerequiredfeestothePlanningManager.(PL,G-8)
6. Developershallprovideoff-streetparkingfortheproject,includingthenumberofspaces,stallsize,paving,striping,location,andaccess,asrequiredbytheCityCode.(PL/B,G-9)
7. IfDeveloper, ownerortenantfailstocomplywithanyoftheconditionsofthispermit,theDeveloper, owneror tenantshallbesubjectto a civilfinepursuanttotheCityCode. 175
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8. Anapprovedtentativemapshallexpirethirty-six(36)monthsafteritsapproval,unlessanextensionisappliedforandapprovedbytheCityCouncilpursuanttoSection15-46oftheCityCode.
PLANNINGDIVISIONCONDITIONS
9. ThispermitisgrantedsubjecttotheapprovalofaSpecialUsePermit(PZ23-500-08)fortheprojectproperty. (PL)
10. AllconditionsofSpecialUsePermitNo.23-500-08shallapplytothispermit.
11. PriortorecordationoftheFinalMap,Developershallpayadocumentimagingfeefortheplanningfilesin anamountcalculatedbyplanningstaff at thetimeofbuildingpermitreviewbasedonfeesthenineffect.(PL/B,PL-16).
12. Developershallprovideutilitymeters,mailboxesandaddressdirectories,placedindecorativecabinetsandclusteredforefficientaccessforresidentsandservicepersons.Developershallcoordinateplacementanddesignof suchitemsaccordingly, withthePlanningDivisionManager, theappropriateutilityserviceproviderandtheUnitedStatesPostalService,priortoissuanceofbuildingpermits.(PL,PL-19)
13. Developershallestablisha propertyownersassociationandtheassociationshallberesponsibleforthemaintenanceofparking,landscape,recreationandotherinteriorareasheldincommonbytheassociationandfortheenforcementofConditionsCovenants&Restrictionsrelatedtopropertymaintenance.(PL/DS,PL-33)
14. Thepropertyownerand/orpropertyowners’associationshallberesponsibleforcreatingandimplementinga ParkingManagementPlanwhichshallconsistofdesignatingwhichtenantwillusewhichparkingspaceinordertoassurethatvehiclespacescorrespondwithon-siteuses.TheParkingManagementPlanshallbesubmittedtothePlanningDivisionforreviewandapprovalpriortotheissuanceofthefirstCertificateofOccupancy.
ENVIRONMENTALRESOURCESCONDITIONS
15. Propertyownerand/orpropertyowners’associationshallarrangeformaterialscollectionduringconstruction,demolition,andoccupancywiththeCity'sEnvironmentalResourcesDivisionorDevelopershallarrangeforself-hauling.Regardlessofhaulingmethods,allmaterialscollectedmustbeconveyedtotheDelNorteRegionalRecyclingandTransferStation.
16. Covenants,conditionsandrestrictions(“CC&Rs”)shallbe developedfortheprojectnecessitatethatthehomeowner’s associationorpropertymanagementmakeprovisionstodiverta minimumof50%whilestrivingfor75%diversionofwastematerialgeneratedat 176
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page9of10 thislocationinperpetuity. ThiscanbeachievedbysubscribingtotheCity’s residentialcurbsideormandatorycommercialrecyclingservicesandthroughannualtenanteducationthatmayincludesourcereduction,recycling,reuse,andorganicscollectionrequirements.
DEVELOPMENTSERVICESDIVISIONCONDITIONS
17. Developeragrees,asa conditionofapprovalofthisresolution,toindemnify, defendandholdharmless,at Developer'sexpense,Cityanditsagents,officersandemployeesfromandagainstanyclaim,actionorproceedingcommencedwithinthetimeperiodprovidedforinGovernmentCodeSection66499.37,toattack,review, setaside,voidorannultheapprovalofthisresolutionortodeterminethereasonableness,legalityorvalidityofanyconditionattachedthereto.CityshallpromptlynotifyDeveloperofanysuchclaim,actionorproceedingofwhichCityreceivesnotice,andCitywillcooperatefullywithDeveloperinthedefensethereof.DevelopershallreimburseCityforanycourtcostsandattorney'sfeesthatCitymayberequiredtopayasa resultofanysuchclaim,actionorproceeding.Citymay, in itssolediscretion,participateinthedefenseofanysuchclaim,actionorproceeding,butsuchparticipationshallnotrelieveDeveloperoftheobligationsofthiscondition.Developer'sacceptanceofthisresolutionorcommencementofconstructionoroperationsunderthisresolutionshallbe deemedto be acceptanceof all conditionsthereof.(DS-18)
18. Priorto approvalof thefinalmapor parcelmap,DevelopershallprovidetheCityEngineerwithwrittenevidencefromtheVenturaCountyClerk'sOfficethatDeveloperhasexecutedandfiledwiththeClerkallcertificates,statementsandsecuritiesrequiredbyGovernmentCodeSections66492and66493.(DS-26)
19. Priortofinalmaprecordation,DevelopershallprovideCitywitha copyoftheProjectCovenants,Conditions,andRestrictions(CC&Rs).(DS)
20. ProjectCC&Rsshallincorporatelanguageregardingtheeasementsandmaintenanceresponsibilitiesforthecommonandsharedsubsurface,surface,andimprovements.(DS)
21. ProjectCC&Rsshallincorporatelanguageregardingthe landscapeirrigationandmaintenanceresponsibilitiesforeachlotforthecommonlandscapearea.(DS)
22. ProjectCC&Rsshallincorporatelanguageregardingthesharedportionofthebuildingcomponents.(DS)
23. ProjectCC&Rsshallincorporatelanguageregardingmaintenanceresponsibilitiesforeachwaterserviceforeachcondominiumunit.Eachunitshallhaveitsownwaterservicewithbackflowdevice.(DS)
24. Priortoreleaseofthemapforrecordation,DevelopershallprovidetheCityEngineerwithanupdated100-scalebasemapforaddressingpurposesthatreflectsthecondominiumunits.TheCitywillassignanynewaddresses.(DS) 177
ResolutionforSantiagoIndustrialSuites;PZ22-300-02CityCouncilHearingDate:January2,2024Page10of10
25. Priortoreleaseofthemapforrecordation,DevelopershallpostsecuritysatisfactorytotheCityAttorneyguaranteeingthatallsurveymonumentswillbesetasrequiredbytheGovernmentCodeandtheCityCodeor shallsetall suchmonumentspriorto maprecordation.(DS)
26. Priortomapforrecordation,DevelopershallcompleteallimprovementsasrequiredbyDWG21-18Aandcloseoutsiteimprovementandbuildingpermits,andobtainbuildingoccupancycertificate(s).(DS)
27. Developershallprovideadditionalsidewalkeasementsfortheportionof theexistingpublicsidewalksthat are not alreadyan existingsidewalkeasementor publicright-of-way. (DS)
28. PriortorecordationoftheFinalMap,Developershallperforma2-inchgrindandoverlay,curbtocurb,usingrubberizedasphaltforSantiagoCourtandGravesAvenuealongtheprojectfrontagesandconformtotheedgeofthepavementcompletedbythePublicWorks2022resurfacingproject.DevelopershallcoordinatewiththeCityInspectoronthelimitspriortopaving.(DS) PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnard,StateofCalifornia,heldonthe2nddayofJanuary, 2024,bythefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
_____________________________JohnC.Zaragoza,Mayor
ATTEST: APPROVEDASTOFORM:
_______________________________ ___________________________RoseChaparro,CityClerk StephenM.Fischer, CityAttorney 178
1 Santiago Industrial Suites Tentative Map
1400 Graves Ave and 2301 Santiago Ct
Planning and Zoning Permit Nos.:
22-300-03 (Tentative Subdivision Map)
Applicant: Eric Zentner, California Commercial Investment Companies Jay Dobrowalski, Planning Supervisor
City Council Hearing
January 2, 2024
179
Project Description
• T entative Subdivision Map to subdivide a 4.16-acre lot for condo purposes • Site has two industrial buildings (recently permitted and under construction) • Building A: 42,500 sq.ft. total with mezzanine
• Building B: 32,270 sq.ft. without a mezzanine
• Each building has 12 tenant spaces with office space, restroom and open space with a roll up garage door;
• 170 parking spaces onsite;
• Condo map would create 24 lots matching the spaces and 1 common area for access, parking, landscaping
• Special Use Permit is required for the condominium subdivision and was granted by Planning Commission
2 180
Project Location
SITE
N
3 181
General Plan and Zoning
SITE
N
4 SITE
N
2030 General Plan:
Light Industrial (ILM)
Zoning Designation:
Limited Manufacturing (M-L)
182
Existing Site
5 Subject Site: 2301 Santiago Court
Surrounding Uses:
LOCATION
GENERAL PLAN ZONING EXISTING LAND USE
Project Site Industrial Limited (ILM) Limited Manufacturing (M-L)
Industrial Buildings
(under construction)
North Business Research Park
(BRP)
Business Research Park
(BRP)
Nursing school, Buddhist Center
South Industrial Limited (ILM) Limited Manufacturing
(M-L)
Air conditioning contractor, fabricator
East Industrial Limited (ILM) Limited Manufacturing
(M-L)
Meathead Movers
West Residential Medium (RM) Garden Apartment, Planned
Development Overlay
(R-3-PD)
Apartments
183
Rendering
6 TREE
EQUIPMENT
Graves Avenue
View from Graves Ave and Santiago Ct looking northeast
184
Planning Commission Background
● November 16, 2023 PC considered project
● Planning Commission granted a Special Use Permit for the existing two building industrial development. The SUP allows:
○ Building A: 42, 500 sq.ft. total with mezzanine;
○ Building B: 32,270 sq.ft. without a mezzanine;
○ Each building has 12 tenant spaces with office space, restroom, and open space with a roll up garage door;
○ 170 parking spaces onsite; and
○ Trash enclosures and landscaping.
● PC recommended the City Council approve the Tentative Subdivision Map to subdivide the lot for condominium purposes.
7 185
Site Plan
8 BUILDING B
BUILDING A
NORTH
SANTIAGO COURT
GRAVES AVENUE
186
Condo Map
9 CONDO MAP WILL CREATE:
24 TENANT SPACES
1 COMMON AREA
COMMON AREA
COMMON AREA
COMMON
AREA
TENANT
SPACES
N
187
Condo Map: 3D View
10 24 TENANT SPACES
188
Site Photograph
11 View from Graves Ave and Santiago Ct looking northeast 189
Environmental Review
● In accordance with Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as the subdivision of existing commercial buildings may be found to be exempt from the requirements of CEQA.
● The project includes a subdivision of existing commercial buildings for condominium purposes.
● No Exceptions to the Exemptions (§15300.2) apply to defeat the Exemption. ● No substantial evidence the project will have a significant effect on the environment.
● A Notice of Exemption will be filed.
12 190
Key Conditions of Approval
13 ● Condition #9:
Granted subject to approval of Special Use Permit.
● Condition #13
Property owners association (POA) to maintain common area. ● Condition #14:
POA to implement a Parking Plan.
● Condition #19
Developer shall provide Covenants, Conditions and Restrictions to City. ● Condition #28:
Developer shall grind and asphalt the roadway frontage. 191
14 ● Notice of this City Council hearing was provided:
○ Newspaper;
○ On-site posting; and
○ Mailied to property owners within 300 feet.
● To date, staff has not received public comments regarding the project.
Public Comments
192
15 That the City Council:
a) Conduct a public hearing;
b) Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(k) (Existing Facilities); and, c) Adopt a resolution approving Planning and Zoning Permit No. 22-300-03 for a Tentative Subdivision Map (Tentative Tract Map No. 6062), subject to certain findings and conditions.
Staff Recommendation
193
End of Staff Presentation
194