Agenda packet — Oxnard City Council, March 19, 2024 (part 1 of 5)

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 March 19, 2024
Closed Session - 5:00 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 893 4541 2394

3. Passcode: 914647
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

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

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

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

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

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.

AMENDED AGENDA
Closed Session - Item C.2 Added
Consent – Item L.9 Added
Reports - Item N.1 Staff Report & Presentation Revised
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c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

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

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

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

A. ROLL CALL, POSTING OF AGENDA

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

During this meeting, Councilmember Teran will be participating remotely from the following location:

Embassy Suites by Hilton Sacramento Riverfront Promenade, Business Center, 100 Capitol Mall, Sacramento, CA 95814.

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 (5:00 PM)

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

Ventura County Superior Court Case No. 56-2021-00549982-CU-PA-VTA Legislative Body: City Council

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

Ventura County Superior Court Case No. 56-2022-00569906-CU-PA-VTA Legislative Body: City Council

D. APPOINTMENT ITEMS (5:30 PM)

1. SUBJECT: 2023 Update of Fire Department Statistics, Accomplishments, Ongoing Initiatives, and Priorities for 2024.

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E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 31, 2024 as "Cesar E. Chavez Day."

2. SUBJECT: Presentation of a Proclamation Designating the Month of March 2024 as "American Red Cross."

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

1. City Manager Department
SUBJECT: Appointment of Voting Delegate and Alternate for Southern California Association of Governments General Assembly. (5 minutes)

RECOMMENDATION: That the City Council appoint Councilmember Arthur Valenzuela Zavala as the City's voting delegate to attend the Southern California Association of Governments (SCAGs) 59th Annual Regional Conference and General Assembly Business Meeting scheduled for May 2 through 3, 2024 in Palm Desert, California and appoint an alternate delegate.

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(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the February 20, 2024 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Fire Department
SUBJECT: Adopt a Resolution Acknowledging receipt of a report submitted by the Fire Chief of the Oxnard Fire Department regarding the inspection of certain occupancies.

RECOMMENDATION: That the City Council of the City of Oxnard adopt a resolution acknowledging receipt of a report prepared by the Oxnard Fire Department's Fire Chief concerning the inspection of specific occupancies, as mandated by Sections 13146.2 and 13146.3 of the California Health and Safety Code.

(The Community Services, Public Safety, Housing & Development Committee voted 3-0 on February 27, 2024, to approve the staff recommendation and to forward the item for Council approval.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

3. Human Resources Department
SUBJECT: Oxnard Peace Officers Association Side Letter Agreements.

RECOMMENDATION: That the City Council of the City of Oxnard adopt a Resolution approving the attached side letter agreements establishing a hiring incentive program for experienced (lateral) police officers, in the amount of $20,000 payable over three years; and a $3,000 recruitment incentive for Oxnard Peace Officer Association members who successfully recruit police officers and public safety dispatchers.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

4. Public Works Department
SUBJECT: Fourth Amendment to Professional Services Agreement 9200-21-PW with Guidepost Solutions LLC for Water Campus: Security Improvements Project PW 21-29.

RECOMMENDATION: That the City Council approve and authorize the execution of a Fourth 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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Amendment to a Professional Services Agreement with Guidepost Solutions LLC to increase the not to exceed amount from $179,670 to $235,601 for additional engineering design work required for the Water Campus: Security Improvements Project (No. C2027).

(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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Police Department
SUBJECT: State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program.

RECOMMENDATION: That City Council:

1. Recognize $90,625 in training reimbursement revenue from the State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program;

2. Approve a budget appropriation in the amount of $90,625 from the Peace Officer Standards and Training (P.O.S.T.) reimbursement to P.O.S.T. related training; and

3. Authorize the City Manager or designee to approve additional budget appropriations if additional funding is received.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

6. Housing Department
SUBJECT: Amendments to City Loan Agreements with Mercy House Living Centers for the Development of a New Navigation Center at Casa de Carmen located at 241 West Second Street.

RECOMMENDATION: That the City Council:

1. Approve and authorize the City Manager or designee to execute the First Amendment to Permanent Local Housing Allocation Affordable Housing Loan Agreement A-8461 (“PLHA Loan Agreement”) between the City and Mercy House Living Centers (“Mercy House”) contingent on funding approval by the California Department of Housing and Community Development (HCD);

2. Approve and authorize the City Manager or designee to execute the First Amendment to Measure O Loan Agreement 32300146 between the City and Mercy House;

3. Approve a budget appropriation of $537,567 in PLHA grant funds (Fund 220) to increase the loan amount for PLHA Loan Agreement A-8461 between the City and Mercy House from $347,528 to $885,095;

4. Approve and authorize the City Manager or designee to execute the First Amendment to Affordable Housing Loan Agreement A-8292 between the City and 2nd and B LP;

5. Approve and authorize the City Manager or designee to execute the Second Amendment to Disposition and Development Agreement A-8310 between the City, CDP Developers LLC, and the Housing Trust Fund Ventura County;
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6. Approve and authorize the City Manager to execute the Second Amendment to the Agreement to Provide Financial Support for the Construction and Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals between the City and the County of Ventura, Agreement A- 8462.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

7. Housing Department
SUBJECT: Second Amendment to Emergency Shelter and Navigation Center Operating Agreement 32400019.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute the Second Amendment to Shelter and Navigation Center Operating Agreement 32400019 with Mercy House for the provision of shelter and navigation center operations to increase the Agreement from $3,228,297 to $3,243,102.16.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

8. Human Resources Department
SUBJECT: Pay Equity Policy.

RECOMMENDATION: That the City Council adopt a Resolution approving a pay equity policy.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

9. City Attorney Department
SUBJECT: Sunkist Fire Legislative Subpoenas.

RECOMMENDATION: That the City Council:

1. Direct City staff to investigate the cause of the fire that occurred on March 5, 2024 at the former Sunkist packaging plant located at 245 E. Colonia Rd.; and

2. Adopt a resolution authorizing the Mayor to issue legislative subpoenas related to the City's investigation into the Sunkist Fire.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
M. PUBLIC HEARINGS

1. Public Works Department
SUBJECT: Public Hearing on Proposed Solid Waste (Refuse) Rates and Introduction of an Ordinance Establishing New Solid Waste (Refuse) Rates and Fees. (120 minutes) 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 19, 2024 PAGE 7

RECOMMENDATION: That the City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of an ordinance establishing new solid waste (refuse) user rates and fees;

2. Approve the first reading by title only and waive any further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD TO ESTABLISH

NEW SOLID WASTE RATES AND FEES FOR CUSTOMER USE AND SERVICE FROM THE CITY’S ENVIRONMENTAL RESOURCES DIVISION; and

3. Find that the California Environmental Quality Act (CEQA) does not apply to the ordinance that modifies the City’s solid waste (refuse) rates, according to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.

(This is a continuation of an item brought to the Public Works and Transportation Committee on November 14, 2023, and to the City Council on December 5, 2023.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Rji7c-Umhgw
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Housing Department
SUBJECT: 5-Year Public Housing Agency Plan (2020-2025), Annual Agency Plan and Capital Fund Program Five-Year Action Plan for Low Rent Public Housing. (10 Minutes)

RECOMMENDATION: That the Board of Commissioners for the Housing Authority of the City of Oxnard:

1. Hold a United States Department of Housing and Urban Development (HUD) public hearing to receive comments concerning the fifth year of the 5-Year Public Housing Agency Plan, the 2024 Capital Fund Budget, and the Capital Fund Five-Year Action Plan; and

2. Adopt a resolution:
a. Approving the 2024 Annual Agency Plan, 5-Year Public Housing Agency (PHA) Plan for the Housing Authority of the City of Oxnard;

b. Authorizing and directing the Chairman to execute the Department of Housing and Urban Development Public Housing Agency Certification Compliance Form certifying the Housing Authority’s compliance with federal policies and procedures;

c. Authorizing the Housing Director to execute and submit all reports, documents and all other certifications required to comply with policies and procedures of the Department of Housing and Urban Development regarding the Annual Agency Plan and the 5-Year PHA Plan;

d. Approving the 2024 Capital Fund Budget and Capital Fund Five-Year Action Plan; and 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 19, 2024 PAGE 8

e. Authorizing the Housing Director to accept and expend the funds as indicated in the 2024 Capital Fund Budget and Capital Fund Five-Year Action Plan.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Wq_JlFdhjy8
Legislative Body: City Council and Oxnard Housing Authority Contact: Emilio Ramirez, (805) 385-8094
N. REPORTS

1. Finance Department
SUBJECT: FY22-23 Annual Comprehensive Financial Report and Summary Presentation. (10 Minutes)

RECOMMENDATION: That the City Council receive the FY 22-23 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.

(The Finance and Governance Committee approved 3-0 on March 12, 2024.)

(Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

2. Public Works Department
SUBJECT: General Fund Reimbursement of Service Charges to Special Districts. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the City Manager to approve a transfer in the amount of $168,247.67 for reimbursement of sidewalk service charges, including interest, to 21 Landscape Maintenance Districts (Fund 120) from the General Fund (101), with the corresponding budget appropriation adjustments.

(Public Works and Transportation Committee approved 3-0 on February 27, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ne_CcN3B1IU
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Purchase Order to McLaughlin Waste Equipment, Inc. for Metal Refuse Containers for the Environmental Resources Division. (10 minutes)

RECOMMENDATION: That the City Council authorize the Mayor to execute a Purchase Order with McLaughlin Waste Equipment, Inc. for an amount not to exceed $2,500,000 for a three-year term ending June 30, 2027, for metal refuse containers.

(Public Works and Transportation Committee approved 3-0 on February 27, 2024) 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8vzd7gs0j7Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Authorization to Accept a State Grant for $9.5M to fund Electrical Improvements for the Oxnard Wastewater Treatment Plant Reliability Improvement Project PW 20-102. (10 minutes)

RECOMMENDATION: That the City Council:

1. Accept a grant from the California State Water Resource Control Board in the amount of $9.5 million for the Oxnard Wastewater Treatment Plant Reliability Project; and

2. Authorize the City Manager to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/FMowJ4MAF-g
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Emergency On-Call Services Performed by Toro Enterprises, Inc. to Protect Properties and City Infrastructure Located Along the Coastal Area of Oxnard Beach. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one- time payment with Toro Enterprises, Inc. in the amount of $23,478.39 for emergency on-call services performed on December 29, 2023, and December 30, 2023.

(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/PEGkGK4zUR4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Community Development Department
SUBJECT: City of Oxnard 2023 General Plan Annual Progress Report. (10 minutes)

RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2023 General Plan and Housing Element Annual Progress Report.

(This item did not originate in Committee)

Please click the following link to view the required Measure M pre-recorded presentation 9 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 19, 2024 PAGE 10

video: https://youtu.be/s4ls4Uarphg
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

7. Community Development Department
SUBJECT: Consider an Ordinance Amending Provisions of Chapter 11 of the Oxnard City Code Pertaining to Cannabis Regulations. (15 minutes)

RECOMMENDATION: That the City Council:

Introduce an ordinance (by title only, waiving further reading) titled:

"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING PROVISIONS OF CHAPTER 11, ARTICLE XVII OF THE OXNARD CITY CODE

PERTAINING TO CANNABIS REGULATIONS REGARDING CANNABIS EMPLOYEE

PERMITS, CANNABIS AUDIT PROCESSES, HOURS OF OPERATIONS, TRANSFER OF OWNERSHIP, AND A DEFINITION CLARIFICATION."

(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/ckwlxuicU_c
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

8. Housing Department
SUBJECT: Acquisition of Real Property 3941 and 3951 Saviers Road improved with an eight-unit multi-family development. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve a grant to the Housing Authority of the City of Oxnard in amount not to exceed $2,260,000 from the Community Development Block Grant fund for the acquisition of improved real property located at 3941 and 3951 Saviers Road plus transaction fees and related costs, subject to review and approval by the City Attorney;

2. Find that the recommended actions do not constitute a “project” subject to the California Environmental Quality Act pursuant to Section 21065 and Sections 15004(b)(4) and 15378 of the State California Environmental Quality Act Guidelines and, as such, no environmental document pursuant to California Environmental Quality Act is required;

3. Authorize the City Manager, and his designees, to appropriate $2,260,000 of CDBG funds for the acquisition and related costs associated with the 3941 and 3951 Saviers Road transaction.

That the Board of Commissioners:

4. Accept a grant from the City of Oxnard in amount not to exceed $2,260,000 to finance the acquisition, and related costs, of improved real property located at 3941 and 3951 Saviers Road and authorize the Executive Director to execute any and all documents necessary to complete the loan, subject to review and approval by the Housing Authority general counsel; and

5. Authorize the Housing Authority of the City of Oxnard to enter into a purchase and sale agreement for the acquisition of improved real property located at 3941 and 3951 Saviers Road in an amount not to exceed $2,160,000, subject to an appraisal, and authorize the Executive Director or 10 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 19, 2024 PAGE 11

designee to execute any and all documents necessary to complete the acquisition, subject to review and approval by the Housing Authority general counsel.

(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/Ql_HV8QeZyU
Legislative Body: City Council and Oxnard Housing Authority Contact: Emilio Ramirez, (805) 385-8094

9. Housing Department
SUBJECT: Acquisition of Vacant Real Property Designated as Assessor Parcel Number 201-0-213- 150 located on Meta Street in Downtown Oxnard. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve a purchase and sale agreement for the acquisition of unimproved real property designated as Assessor Parcel Number 201-0-213-150 in the amount of $90,000 and authorize the City Manager or designee to execute any and all documents necessary to complete the acquisition;

3. Approve and authorize a budget appropriation of $90,000 from the Community Development Block Grant Fund to pay for the acquisition of real property designated as Assessor Parcel Number 201-0-213-150; and

4. Approve and authorize a budget appropriation of $18,000 from the Community Development Block Grant available fund balance to pay for transaction fees and related costs necessary to complete the purchase of real property designated as Assessor Parcel Number 201-0-213-150;.

(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/1ROGA3uSFNY
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
O. ADJOURNMENT

11 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:30 PM)
AGENDA ITEM NO. D.1

DATE: March 19, 2024

TO:

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

SUBJECT: 2023 Update of Fire Department Statistics, Accomplishments, Ongoing Initiatives, and Priorities for 2024.

RECOMMENDATION

BACKGROUND

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

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

ATTACHMENTS

1. PowerPoint Presentation

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CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. H.1

DATE: March 19, 2024

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION

That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

BACKGROUND

STRATEGIC PRIORITIES

FINANCIAL IMPACT

COMMITTEE OUTCOME

Prepared by: Stephen Fischer, City Attorney

ATTACHMENTS
None

31 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. I.1

DATE: March 19, 2024

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Appointment of Voting Delegate and Alternate for Southern California Association of Governments General Assembly. (5 minutes)

RECOMMENDATION

That the City Council appoint Councilmember Arthur Valenzuela Zavala as the City's voting delegate to attend the Southern California Association of Governments (SCAGs) 59th Annual Regional Conference and General Assembly Business Meeting scheduled for May 2 through 3, 2024 in Palm Desert, California and appoint an alternate delegate.

(This item did not originate in Committee.)

BACKGROUND

SCAG is a Joint Powers Authority under California state law, established as an association of local governments and agencies in six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) and 191 cities that voluntarily convene as a forum to address regional issues. SCAG develops long-range regional transportation plans, regional housing needs allocation, and a portion of the South Coast Air Quality management plans, providing broad- based representation of Southern California's cities and counties.

With its expanded membership structure, SCAG created regional districts to provide for more diverse representation with the intent to serve equal populations and communities of interest. Currently, the Regional Council consists of 86 members. Councilmember Laura D. Hernandez from the City of Port Hueneme was elected by the Ventura Council of Governments (VCOG) and serves as the Regional Councilmember representing District 45 (cities of Oxnard, Camarillo and Port Hueneme).

In addition, each member city appoints its own delegate and alternate representative to vote on the City's behalf at the Annual General Assembly, scheduled for May 3, 2024. All proposed resolutions and/or bylaws revisions will first be reviewed by the SCAG Bylaws and Resolutions Committee and Regional Council before being available for consideration at the General Assembly meeting scheduled for May 3, 2024.

Staff is recommending that the City Council appoint Councilmember Arthur Valenzuela Zavala as the City's voting delegate to attend the Southern California Association of Governments (SCAGs) 59th Annual Regional Conference and General Assembly Business Meeting scheduled for May 2 through 3, 2024 in Palm Desert, California and appoint an alternate delegate.

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
32 The estimated cost to attend this conference is $400.00. There are sufficient funds to cover this in account number 1011101-52310 budgeted in Fiscal Year 2023-24.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, Executive Assistant I

ATTACHMENTS
None

33 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1

DATE: March 19, 2024

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the February 20, 2024 regular meeting 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: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 02 20 2024 CC Regular Meeting

34 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
February 20, 2024

A. ROLL CALL, POSTING OF AGENDA
At 6:30 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. The 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, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. OPENING CEREMONIES

Mayor Zaragoza led the pledge of allegiance.

C. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)

D. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Demographics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics as compared with other cities in the region.

City Manager Nguyen provided community updates.

2. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council:

1. Ratify Director Orders regarding the Severe Storms Local Emergency ("Local Emergency") proclaimed by the Director of Emergency Services on December 27, 2023 (ratified by the City Council on January 2, 2024);

2. Reconsider the existence of the Local Emergency; and

3. Find that there is a need to continue the Local Emergency.

35 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 2

Stephen M. Fischer, City Attorney presented and answered questions. Public comments were received from Ignacio Morales Mendez, Nereida Lopez Rodriguez, Edwin Balam, Leticia Cosino, and Martha Dolanco. Discussion ensued among the council and staff.

The recommended action was amended to adopt Resolution No. 15,761. Council voted to adopt Resolution No. 15,761 ratifying Director Order 24-04 issued by the Director of Emergency Services suspending street sweeping citations for vehicles rendered inoperable due to severe flooding until March 11, 2024.

It was moved by Councilmember Perello, seconded by Councilmember Teran , to ap prove the recommended action as amended. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

E. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

1. City Clerk Department
SUBJECT: Appointment of Member to Serve on the City's Mobilehome Park Rent Review Board.

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Yukio Okano as an at large member to the Mobilehome Park Rent Review Board.

No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; the motion passed 7-0.

F. REVIEW OF INFORMATION/CONSENT AGENDA

Items H-1 through H.7 were reviewed and discussed among the Council and staff.

G. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

H. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the January 16, 2024 regular meeting and the January 25, 2024 special meeting as presented. 36 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 3

2. Public Works Department

SUBJECT: Public Project Agreement 32400281 with Quinn Company dba. Quinn Power Systems for On-Call Stationary Generators Maintenance and Minor Repair Services (Rebid), Specification No. PW 24-15R.

RECOMMENDATION: That the City Council approve and authorize the Mayor to Execute an Agreement with Quinn Company dba Quinn Power Systems (Quinn) in the amount not to exceed $420,000 for a three-year term ending from the effective date of the agreement for on- call stationary generators maintenance and minor repair services.

(Public Works and Transportation Committee approved 3-0 on January 23, 2024.)

3. Public Works Department
SUBJECT: Agreement 32400297 with Petroleum Telcom, Inc. dba Telcom, Inc. for Mobile Radio Equipment, Parts and Accessories; and Installation, Repair and Maintenance Services.

RECOMMENDATION: That the City Council approve and authorize an Agreement with Petroleum Telcom, Inc. dba Telcom, Inc. for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $900,000 for Mobile Radio Equipment, Parts and Accessories; and Installation, Repair and Maintenance Services on an on-call/as-needed basis.

(Public Works and Transportation Committee approved 3-0 on January 23, 2024.)

4. Public Works Department

SUBJECT: Department-Wide Blanket Purchase Order (#32400318) for a Not to Exceed Amount of $455,000 with Consolidated Electrical Distributors dba Royal Industrial Solutions, Specification No. PW 23-39.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Blanket Purchase Order with Consolidated Electrical Distributors, dba Royal Industrial Solutions, for a not-to-exceed amount of $455,000 through June 30, 2024, with an option to extend through June 30, 2025.

(Public Works and Transportation Committee approved 3-0 on January 23, 2024.)

5. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects.

RECOMMENDATION: That the City Council receive and file this report.

(The Measure O Citizen Oversight Committee heard this update at its January 25, 2024, meeting and recommended the item be forwarded to City Council.)

6. Billing and Licensing Department
37 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 4

SUBJECT: Impose actual cost recovery fees for use of credit cards, debit cards and electronic checks.

RECOMMENDATION: That the City Council adopt Resolution No. 15,762 imposing fees for the use of credit cards, debit cards and electronic checks.

7. Community Development Department
SUBJECT: Award of Agreement for the Preparation of a Comprehensive Update to the Local Coastal Program (LCP).

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a three (3) year agreement with the option for (1) one-year extension (Agreement No. 32400306) with Dudek, in an amount not to exceed $881,875 for the preparation of a comprehensive update to the Local Coastal Program (LCP), which is reflective of updates to the Coastal Land Use Plan (LUP) and Local Implementation Plan (LIP), Chapter 17 of the Oxnard City Code (Coastal Zoning Ordinance).

(The Community Services, Public Safety, Housing, & Development Committee approved 3-0 on January 23, 2024.)

Corrections were made to the January 16, 2024 draft meeting minutes, as follows: Item H.1 vote 5-0-1, Councilmember Teran recused and Councilmember Madrigal was absent. Item K.4 vote 5-0-1, Mayor Pro Tem MacDonald recused and Councilmember Madrigal was absent.

It was moved by Council member Teran , seconded by Councilmember Valenzuela, to approve the recommended action as presented wi th the corrections made to the draft minutes. V OTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; the motion passed 7-

0. I. REPORTS

1. City Manager Department
SUBJECT: Citywide Wayfinding Program Approval.

RECOMMENDATION: That City Council:

1. Approve the Citywide Wayfinding Program and authorize a prioritized implementation plan;

2. Approve an agreement 32400391 with Found Design, LLC for an amount not to exceed $65,000 for design development, engineering and construction administration for the Wayfinding Program; and

3. Approve an agreement 32400388 with Ardurra Group, Inc. for an amount not to exceed $119,000 for Project/Construction Management services for the Wayfinding Program.

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 23, 2024 to approve the staff recommendation and to forward the item for Council 38 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 5

approval.

Samantha Shapiro, Project Manager introduced Julie Buffo, President & CEO of Oxnard Convention and Visitors Bureau and John Bosio, Design Consultant with Found Desig n, LLC ( participated virtually). Julie Buffo and John Bosio presented and answered questions. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua , to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

2. City Manager Department
SUBJECT: Oxnard Convention & Visitors Bureau Agreement (July 1, 2024 - June 30, 2030).

RECOMMENDATION: That the City Council approve Agreement No. 32400300, a 5-year agreement totaling $1,691,000, between the City of Oxnard and the Oxnard Convention and Visitors Bureau.

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 23, 2024.

No public comments were received.

It was moved by Councilmember Madrigal , seconded by Councilmember Perello , to approve the
recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

3. Information Technology Department
SUBJECT: Oxnard 311 Performance Report.

RECOMMENDATION: That the City Council receive an update on the year 7 (and first half of year 8) performance of the Oxnard 311 Constituent Relationship Management System.

(The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on January 23, 2024.)
No public comments were received. The report was received and filed, no formal action was required.

4. Public Works Department

SUBJECT: First Amendment to Agreement A-8281 with Kennedy Jenks Inc. for Construction Management Services for the Oxnard Wastewater Treatment Plant Reliability Improvement Project PW 20-102.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Professional Services Agreement A-8281 with Kennedy Jenks Inc. to increase the not to exceed amount from $3,279,740 to $4,514,536 and extend the term date to March 31, 2026, for additional construction management services for the Oxnard Wastewater 39 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 6

Treatment Plant (OWTP) Reliability Improvement Project (No. C2201).

Timothy Beaman, Supervising Civil Engineer presented and answered questions. No public comments were received.

It was moved by Councilmember Teran, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

5. Public Works Department
SUBJECT: Agreement 32400334 with J I Gandara Transport for Supplemental Waste Transfer Hauling Services for the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an amount not to exceed $5,000,000 for an initial one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide supplemental waste transfer hauling services for the Del Norte Regional Recycling and Transfer Station.

(Public Works and Transportation Committee approved 3-0 on January 23, 2024.) Eric Zetz, Environmental Resources Manager presented and answered questions. No public comments were received.

It was moved by Councilmember Perello , seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

6. Public Works Department
SUBJECT: Ratification of a Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Campus Park Project.

RECOMMENDATION: That the City Council approve the:

1. Ratification of the submission of a grant application to the Outdoor Recreation Legacy Partnership Grant Program for the Campus Park Activation Support project in an amount not to exceed $7,000,000 with a 1:1 match required coming from state grant funds in the Campus Park Activation Project (Phase 1, Project C2104);

2. City Manager or designee to execute grant agreements;

3. Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and

4. Public Works Director or designee to submit non-financial reports. 40 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 7

(This item did not originate in Committee as it is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Michael Wolfe, Public Works Director presented and answered questions. No public comments were received.

It was moved by Councilmember Teran, seconded by Councilmember Perello , to approve the recommended action. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela, and Zarago za voted in favor; motion passed 6-0-1. Mayor Pro Tem MacDonald recused himself due to owning property near the project location.

7. Public Works Department
SUBJECT: Resolution No. 15,763 for Ratification of Grant Application for California Extended Water and Wastewater Arrearage Program.

RECOMMENDATION: That the City Council:

1. Adopt
Resolution No. 15,763 that ratifies the submittal of a grant application and acceptance of a grant award from the California Water and Wastewater Arrearage Payment Program in the amount of $199,850.61 for delinquent water charges and $197,163.63 for delinquent wastewater charges related to COVID-
19, which includes 3% administrative costs;
and

2. Authorize the City Manager to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; the Director of Public Works or designee to submit non-financial reports.

(This item did not originate in Committee as this is an extension of a grant previously approved by City Council.)

Michael Wolfe, Public Works Director and Luis Ortega, Wastewater Management Analyst presented and answered questions. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello , to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

8. City Manager Department

SUBJECT: Approval of One New Ongoing Measure O Project; One New Measure O One- Time Project; and a Scope Expansion (without Funding Change) to One Existing Measure O Project.

RECOMMENDATION: That the City Council:

41 FEBRUARY 20, 2024 OXNARD CITY COUNCIL PAGE 8

1. Approve the following new Measure O project with the associated ongoing funding:

Measure O Annual Report Printing - $28,000 annually;

2. Approve the following new Measure O project with associated one-time funding: Radio Infrastructure - $952,720;

3. Authorize a budget appropriation in Fiscal Year 2023-24 in the total amount of $980,720, for the two projects identified above, from the available Measure O (104) fund balance (as well as the corresponding Capital Outlay Fund (301) transfer in and appropriation related to the Radio Infrastructure project); and

4. Approve a scope expansion for the existing Measure O Safe Homes Safe Families project, for which no additional funding is being requested.

(The Measure O Committee approved 8-0 on January 25, 2024 to approve the staff recommendation and to forward the item for Council approval)

Jason Benites, Police Chief and Annie Jensen, Project Manager presented and answered questions. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran , to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

J. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:01 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

42 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Adopt a Resolution Acknowledging receipt of a report submitted by the Fire Chief of the Oxnard Fire Department regarding the inspection of certain occupancies.

RECOMMENDATION

That the City Council of the City of Oxnard adopt a resolution acknowledging receipt of a report prepared by the Oxnard Fire Department's Fire Chief concerning the inspection of specific occupancies, as mandated by Sections 13146.2 and 13146.3 of the California Health and Safety Code.

(The Community Services, Public Safety, Housing & Development Committee voted 3-0 on February 27, 2024, to approve the staff recommendation and to forward the item for Council approval.)

BACKGROUND

On September 27, 2018, the Governor approved California Senate Bill 1205 (SB 1205), which added Section 13146.4 to the California Health and Safety Code, impacting every fire department or fire district in the state. Alongside the existing state regulation mandating annual building inspections for fire safety, the new bill stipulates that each fire department or district's administering authority (such as a City Council) must formally acknowledge receipt of the compliance report through a resolution or a similar formal document. To adhere to this requirement, it is recommended that the City Council adopt the attached resolution acknowledging receipt of a report submitted by the Fire Chief of the Oxnard Fire Department regarding the inspection of specific occupancies as required under Sections 13146.2 and 13146.3 of the California Health and Safety Code. The subject occupancies encompass public and private schools, hotels, motels, lodging houses, apartment houses, and residential care facilities.

The California State Fire Marshal, through California's Health and Safety Code, mandates annual inspections of certain occupancies. In December 2016, a deadly fire occurred at an Oakland warehouse (known as the "Ghost Ship"), resulting in the deaths of 36 people, marking the highest death toll for a structural fire in the United States in over 10 years.

Investigations into this tragic incident revealed that although the State required annual inspections of various occupancies, the inspection reports were not required to be reported to any governing body. This lack of reporting hindered accountability and enforcement in ensuring that structural facilities complied with building safety standards.

Consequently, on September 27, 2018, the Governor approved SB 1205, authored by Senator Jerry Hill, legislating the reporting of annual inspections to the administering authority (such as a City Council) through a resolution or a similar formal document.

DISCUSSION

The attached resolution and its adoption will serve as a formal document to fulfill SB 1205's annual fire inspection reporting requirements pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. According to this law, annual building inspections and reporting must be conducted on two groups of occupancies: Educational Group E and Residential Group R. Educational Group E occupancies consist of public and private schools used by more than six persons at one time for educational purposes through the 12th grade. Furthermore, Residential Group R occupancies 43 encompass those containing sleeping units such as hotels, motels, lodging homes, and apartments (three units or more), including residential care facilities. In compliance with the calendar year 2023 reporting period, Group E (Educational Occupancies) had 40 buildings, structures, and/or facilities inspected. In Group R (Residential Occupancies), 670 occupancies were inspected. The educational occupancy group achieved a compliance rate of 70%, and the residential occupancy group achieved a compliance rate of 49%. Copies of the individual inspection reports can be made available to the public upon request.

It is commendable to see the City of Oxnard's dedication to fire prevention and safety measures. Achievements include:

Conducting 710 annual fire inspections to meet state requirements, engaging with neighborhood councils for fire safety messaging, installing over 5,000 smoke alarms in residences, investigating 101 fires, completing over 700 construction plan checks and 500 construction permit inspections, providing 45 State Fire Marshal classes to nine personnel, integrating technological solutions to streamline inspections, and reorganizing staffing assignments to optimize resources.

These efforts reflect a proactive approach to improving fire prevention and safety in Oxnard. Continued emphasis on training, staffing, and technological advancements will likely lead to further progress in meeting state mandates and enhancing community safety.

ENVIRONMENTAL IMPACT

The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under the CEQA.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Adoption of the resolution has no immediate fiscal impact on the City.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee voted 3-0 on February 27, 2024, to approve the staff recommendation and to forward the item for Council approval.

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

ATTACHMENTS

1. SB 1205 Resolution

44 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ___________

A RESOLUTION ACKNOWLEDGING RECEIPT OF THE OXNARD FIRE
DEPARTMENT’S INSPECTION REPORT UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3
WHEREAS, on September 27, 2018, the Governor approved Senate Bill 1205 (hereinafter referred to as the “Bill”), which added Section 13146.4 to the California Health and Safety Code; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Oxnard Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, or certain residential care facility for compliance with building standards; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Oxnard Fire Department, that provide fire protection services to report annually to its administering authority on compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Oxnard intends by adoption of this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Oxnard Fire Department’s non-compliance with California Health & Safety Code Sections 13146.2 and 13146.3; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Oxnard expressly acknowledges the non- compliance of the Oxnard Fire Department with California Health & Safety Code Sections 13146.2 and 13146.3 within the jurisdiction of the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools used by more than six persons at any one time for educational purposes through the 12th grade. Within the City are 58 Group E occupancies, buildings, structures, and/or facilities. During the calendar year 2023, the Oxnard Fire Department completed the annual inspection of 40 Group E occupancies, buildings, structures, and/or facilities. This is a compliance rate of 70% for this reporting period.
45 Resolution No. _______

Page 2 ends

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units and include hotels, motels, apartments (three units or more), etc., as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non- ambulatory or bedridden. Within the City, there are 1358 Group R (and their associate sub- categories) occupancies of this nature. During the calendar year of 2023, the Oxnard Fire Department completed the annual inspections of 670 Group R occupancies, buildings, structures, and/or facilities. This is a compliance rate of 49% for this reporting period.

SECTION 2. The City Clerk shall certify the adoption of this Resolution.

PASSED AND ADOPTED this 19th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
John C. Zaragoza
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Rose Chaparro Stephen M. Fischer
City Clerk City Attorney
46 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3

DATE: March 19, 2024

TO: City Council

FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected]

SUBJECT: Oxnard Peace Officers Association Side Letter Agreements.

RECOMMENDATION

That the City Council of the City of Oxnard adopt a Resolution approving the attached side letter agreements establishing a hiring incentive program for experienced (lateral) police officers, in the amount of $20,000 payable over three years; and a $3,000 recruitment incentive for Oxnard Peace Officer Association members who successfully recruit police officers and public safety dispatchers.
(This item did not originate in Committee.)

BACKGROUND

Recruitment and retention of sworn officers has been an ongoing challenge for decades. In recent years, law enforcement agencies across the nation have been experiencing significant increases in retirements and resignations. A survey released in 2023 by the Police Executive Research Forum (PERF) showed of the 182 law enforcement agencies surveyed there were 47% more resignations and 19% more retirements in 2022 compared to 2019. At the same time, there has been a steady decline in the number of applicants for law enforcement related careers. In calendar year 2017, the City had 1,315 applications for police officer; as of the end of the 2023 calendar year, the City had 612 such applications.

To combat the increasing attrition rate in 2022, the City doubled its number of recruitment periods from two to four, which has resulted in more candidates that the City can send to the Police Academy. Even with this increase in the number of academies held each year, we have been unable to gain ground on the number of vacancies. 47 For an Oxnard police officer candidate to work independently, he or she must complete a 6-month academy and then follow that up with a 12-month probationary and training period. This means that a candidate recruited today will not be a police officer capable of working independently for 18 months. Given this, public law enforcement agencies also try to recruit experienced police officers from other jurisdictions. When an officer moves from one jurisdiction to another they are commonly referred to as a police officer lateral candidate. The advantages of a police officer lateral candidate is that, in general, they take approximately six months to train after which they are released from the training program and work as a fully trained police officer. With this significant reduction in training, there is also a cost savings as the average cost of sending one police officer candidate to an academy (only tuition and expenses) is approximately $21,000.

Given the above circumstances, law enforcement agencies have been trending towards offering hiring incentives, such as cash payments, for lateral hires. In this region, the Ventura County Sheriff’s Office (VCSO) offers a $15,000 signing bonus for lateral hires. Other agencies in California have offered up to $75,000. Statewide examples of California agencies offering lateral hiring incentives include:
• Alameda Police Department: $75,000
• El Segundo Police Department: up to $70,000
• Hemet Police Department: $60,000
• Arcata Police Department: $50,000
• Palm Springs Police Department: $30,000
• Napa Police Department: $15,000
• Colton Police Department: $15,000

DISCUSSION

Lateral Hiring Incentive

Staff is recommending that the City offer a hiring incentive as a tool that may be used to entice lateral police officer candidates to join the Oxnard team. The proposal that staff developed and negotiated with the Oxnard Peace Officers Association (OPOA) would provide for a $20,000 signing bonus paid over a 3-year period for anyone who has been a police officer for at least 2 years. As the officer completes each 12 months of service, he or she would be paid approximately one-third of the $20,000. The program would expire after 12 months (meaning it would not be available after that time for new lateral hires) and could only be extended by staff returning to City Council for its approval. The 12-month period starts as of the date that the first lateral officer is hired under the program.

Recruitment Incentive

Staff believes that having its own employees working to recruit qualified police officers and dispatchers is a potential force multiplier in attracting applicants. The Police Department used to provide a $2,000 recruitment incentive, but this was discontinued approximately eight to ten years ago as a result of the City’s fiscal challenges.

Staff is recommending offering OPOA employees $3,000 for every officer or dispatcher (whether entry-level or lateral) that they recruit who successfully passes the probationary period. This would be payable in one installment, contingent upon the recruited officer or dispatcher’s successful completion of his or her probationary period. The recruited person must identify the person who recruited them at the time of hire. Members of the OPD's collateral assignment Recruitment Team, as well as supervisors who are directly assigned to the Recruiting Sergeant position, would not be eligible to receive this payment. Employees may not receive a bonus for referring family members. This program also would expire after 12 months.

STRATEGIC PRIORITIES

48 FINANCIAL IMPACT

The total cost of the lateral hiring incentive would be determined by the number of vacant positions that are filled with lateral hires while the program is active. Assuming the City hires six lateral officers under this program, the total cost over three years would be $120,000, or $40,000 per fiscal year. Staff does not anticipate a high total cost of the recruitment incentive; at most, this program would cost $30,000.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. Recruitment Incentives Resolution

2. Lateral Hiring Incentive Side Letter Exhibit A

3. Referral Program Side Letter Exhibit B

49 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE

SIDE LETTER AGREEMENTS BETWEEN THE CITY OF OXNARD AND THE OXNARD

PEACE OFFICERS ASSOCIATION REGARDING RECRUITMENT INCENTIVES WHEREAS, the Oxnard Peace Officers Association is the recognized representative for Police Officer and Public Safety Dispatcher classifications within the City of Oxnard; and WHEREAS, the City wishes to enter into the side letter agreement attached as Exhibit A hereto and incorporated herein creating a Lateral Signing Bonus Program for experienced Police Officer candidates who wish to transfer from other public safety agencies to the City of Oxnard; and
WHEREAS, the City wishes to enter into the side letter agreement attached as Exhibit B hereto and incorporated herein creating a Referral Program for employees in the Oxnard Peace Officers Association who successfully refer a Police Officer or Public Safety Dispatcher candidate to the City for employment; and
WHEREAS, the representatives for the Oxnard Peace Officers Association and the City met and conferred as required and are in agreement with the side letters, which are attached as exhibits to this Resolution.

NOW, THEREFORE, the City Council of the City of Oxnard resolves that the side letter agreements attached hereto as Exhibits A and B are adopted and the City Manager and/or his designee is directed to perform all acts necessary to implement their terms and conditions on behalf of the City.

PASSED AND ADOPTED THIS 19th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 50 EXHIBIT A
51 52
53 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Fourth Amendment to Professional Services Agreement 9200-21-PW with Guidepost Solutions LLC for Water Campus: Security Improvements Project PW 21-29.

RECOMMENDATION

That the City Council approve and authorize the execution of a Fourth Amendment to a Professional Services Agreement with Guidepost Solutions LLC to increase the not to exceed amount from $179,670 to $235,601 for additional engineering design work required for the Water Campus: Security Improvements Project (No. C2027).

BACKGROUND

On May 21, 2021, the City Manager approved Agreement 9200-21-PW with Guidepost Solutions LLC, in the amount of $153,675, for design services for the Water Campus: Security Improvement Project. The initial scope of work included:
• Develop a Technical Memorandum consisting of a thorough analytical write-up and provide recommendations based on Guidelines for Physical Security of Water Utilities (ASCE 56-10). • Provide a complete set of design drawings for surveillance cameras, recording equipment, and intrusion alarms for Water Division Headquarters and Blending Stations 2, 3, 4, & 5. The design shall comply with Oxnard Video Surveillance and Access Control System Guidelines.
• Provide a complete set of design drawings for Barrier and Access improvements for the Water Division Headquarters and Blending Stations 2 and 4. The initial scope did not include Blending Station 5. It was added as security issues arose.
• Provide a bid item list with a cost estimate to be used for budgetary purposes by the City. • Provide bid and construction phase services and support. • Develop record drawings representing the final installation.

On October 25, 2021, the Purchasing Division approved the First Amendment to Agreement 9200-21-PW with Guidepost Solutions LLC, to provide additional time, extending the contract to December 31, 2022.

On May 10, 2022, the City Manager approved the Second Amendment to this same Agreement in the amount of $25,995, for additional design services for the Water Division Security Improvement Project. The amended scope of work included:
• Provide Topographic Survey Services for the Water Department Headquarters (adding to the scope of work plans for Blending Stations 1 & 6) as well as Blending Stations 2, 4, and 5. These services were required to generate 54 accurate, dimensioned site layouts of the site perimeter boundaries and fence lines for KPFF to execute their work on the Barrier and Access portions of the project.

On August 24, 2023, the purchasing division approved the Third Amendment to Agreement 9200-21-PW with Guidepost Solutions LLC, to provide additional time, extending the contract to December 31, 2024.

Capital Improvement Program (CIP) Reference:

Project No. C2027 (206510) – Water Campus: Security Improvements Project - CIP 2022-2027 - Adopted May 3, 2022 – Pages 119.

DISCUSSION

As titled, this project is for additional physical security measures at the Water Campus, located at 251 South Hayes Avenue. Unfortunately, for many years, the Water Campus has seen numerous security issues such as trespassing, stolen parts/equipment, vandalism of vehicles and buildings, break-ins, etc. The Water Campus uses security guards, which provides a level of protection for the property. However, additional physical security improvements are needed to ensure the integrity of the City’s potable water system and ultimately the water served to our customers.

Continued security issues (e.g trespassing, vandalism of City property, etc) at Water Division Facilities resulted in staff revisiting the completed design submission and providing comments and solutions to newly identified security concerns.

This amendment for an additional $55,931 addresses the following:
• Extension of CMU walls in multiple locations, including design calculations and details for each type of extension anchorage
• Change the type of fencing to further inhibit the climbing and cutting of fences. • Additional coordination with the City, design consultant, and fence manufacturers. • Revise plans and specifications per additional City Comments

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The current not-to-exceed amount for Agreement 9200-21-PW Guidepost Solutions LLC with the three processed amendments shall not exceed $179,670. With the proposed Fourth Amendment the new not-to-exceed contract amount will be $235,601 for additional professional engineering design services.

The Water Campus: Security Improvements Project No. C2027 has sufficient appropriations in the Water Security and Prevention Fund (608) and corresponding Water Capital Fund (602) to fund this amendment.

For Finance Use Only: Water Security and Prevention Fund (Org. 6081001 Obj. 59800), Water Capital Fund (Org. 6023607 Obj. 49300 & 53200) Project C2027

COMMITTEE OUTCOME

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.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS
55 1. Guidepost 9200-21-PW 4th Amendment

2. Guidepost 9200-21 PW Original - 3rd Amendment

56 FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (V-01-17-19)) Agreement No. 9200-21-PW

FOURTH AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT
This Fourth Amendment (“Fourth Amendment”) to the Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of March, 2024 by and between the City of Oxnard, a municipal corporation (“City”), and Guidepost Solutions LLC (“Consultant”). This Fourth Amendment amends the Agreement entered into on May 6, 2021, by City and “Consultant”_. The Agreement previously has been amended on October 25, 2021, by a First Amendment, on May 1, 2022, by a Second Amendment, and on August 24, 2023 by a Third Amendment.

City and Consultant agree as follows:

1. The reference to the Scope of Services Exhibit everywhere is listed both on the Cover Page and in the Agreement is hereby amended to add also the Scope of Services A-2 Exhibit.

The Scope of Services A-2 Exhibit is attached hereto and incorporated herein by this reference.

2. The reference to the Rates and Cost Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Rates and Cost A-2 Exhibit.

The Rates and Cost A-2 Exhibit is attached hereto and incorporated herein by this reference.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
57 Agreement No. 9200-21-PW

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (V-01-17-19))

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD GUIDEPOST SOLUTIONS LLC

☐John C. Zaragoza, Mayor1 Date Julie Myers-Wood, CEO Date ☐Jennifer Yates, Purchasing Agent 2

Anthony Collura, CFO/CLO 3 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 signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 58 Agreement No. 9200-21-PW

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (V-01-17-19))

59 January 30, 2024
Taylor Gambino
Project Manager
Public Works Department, Engineering
251 S Hayes Ave
Oxnard, California 93030
M: 805.393.4035
E: [email protected]
Project: Water Division Security Project PW21-29
Updated Scope – Original, CO1 and CO3
Dear Mr. Gambino,
We are submitting this ammended scope definition for the fencing consulting and design services with schedule extension related to the Water Division Security Project PW21-29 project. This document is based on our conference calls, emails, current project documentation, and the adjusted scope from the overall project.

SCOPE OF SERVICES
This amendment addresses the following scope of services that need to be provided for this project to cover the current project scope as it has evolved since it’s inception. Current and proposed scope services include the following:
▪ Conduct a comprehensive condition assessment of existing building infrastructure and their locations, including security systems and Crime Prevention Through Environmental Design (CPTED) elements of the existing Campus site(s) within the project scope. This includes all aspects of Access Control, video surveillance, and other Electronic Security Elements. ▪ Perform site security surveys of Project sites for the proposed security system upgrades. ▪ Review existing City of Oxnard technology infrastructure to validate security upgrade potential or lack thereof.
▪ Produce a consolidated report of the survey findings, including recommendations regarding the security system and infrastructure.
▪ Engage the services of Rosell Surveying and Mapping, Inc. (“RSM”) located at 20951 Brookhurst St, Huntington Beach, CA 92646 for professional topographic surveying services of the City of Oxnard HQ Campus (Blending Station 1 & 6) as well as Blending Stations 2, 4, and 5. These services SCOPE OF SERVICES A-2 EXHIBIT
60 Water Division Security Project PW21-29 Page 2
01/30/2024
GPS Scope Ammendment #P21.OAK.29085
are required to generate accurate, dimensioned site layouts of the site perimeter boundaries and fence lines for KPFF to execute their work. The output of the RSM topographic surveys become an input to the existing Task 7: Barrier and Access 50% Design and Task 8: Barrier and Access Final Design phases.
▪Expand the scope of services of KPFF to include Blending Station 5 in the project. Blending Station 5 was originally excluded from the project however the added scope of work will include fence enhancements at this site.
▪Based on actual conditions and the selected approach by the Oxnard Water Department KPFF is to prepare design calculations and details for 6 types of CMU Wall Extension fencing anchorage which were not part of the original scope. This was also caused by the lack of proper As-Built Drawings. ▪Selection of custom fencing manufacturer has significantly increased the coordination requirements that were not assumed in the original proposal.
▪Overall project schedule has been a significantly longer than anticipated, requiring additional coordination with prime consultant, City and fence manufacturers. ▪Revise plans and specifications per additional City Comments received after 100% Submittal (comments were received on 11/3/2023).

COMPENSATION AND REIMBURSABLES
The proposed services will be provided for a not to exceed lump sum amount of $ $235,601. These services will be billed monthly on a percent complete basis.
61 City Of Oxnard Water Division Barrier and Access
(approved)
Technical PM Telecom Designer Professional EE Technical Analyst (Aanko) PE Civil (KPFF) Security Designer Production/CAD Total Hours Fee ($ 185.00 ) ($ 185.00 ) ($ 185.00 ) ($ 185.00) ($ 185.00 ) ($ 160.00 ) ($ 125.00 ) Project Tasks
Mobilization 3 0 0 0 0 0 0 3 ($ 555 )
Task 1 - Project Management 85 0 6 0 0 0 0 91 ($ 16,835 ) Task 2 - Assessment 35 3 0 38 27 14 0 117 ($ 21,295 )
Task 3 - Site Surveillance 50% Design 40 16 14 0 0 24 38 132 ($ 21,540 ) Task 4 - Site Surveillance Final Design 30 8 8 0 0 37 32 115 ($ 18,430 ) Task 5 - Bid Phase Services 10 3 4 0 0 0 6 23 ($ 3,895 ) Task 6 - Construction Phase Services 32 2 8 0 0 20 0 62 ($ 10,970 ) Task 7 - Barrier and Access 50% Design 24 12 9 0 46 16 40 147 ($ 24,395 ) Task 8 - Barrier and Access Final Design 17 4 7 0 26 16 22 92 ($ 15,300 ) Task 9 - Bid Phase Services 7 0 0 0 7 6 6 26 ($ 4,300 ) Task 10 - Construction Phase Services 30 0 6 0 18 12 10 76 ($ 13,160 ) Total Fees ($ 150,675 )
Estimated Expenses ($ 3,000 )
Total Fees + Expenses ($ 153,675 )
Water Division Security Project PW21-29
Add Service 1 (approved)
RSM KPFF GPS Sub Markup Sr. PM Production/CAD Total Hours Fee ($ 12,000.00 ) ($ 6,300.00 ) 15% ($ 185.00) ($ 185.00 ) Project Tasks
RSM Topographic Surveys 1 ($ 12,000 )
KPFF Consulting and Design 1 ($ 6,300 )
Subconsultant Markup (RSM) 1 ($ 1,800 )
Subconsultant Markup (KPFF) 1 ($ 945 )
Guidepost Consulting and Design 20 10 ($ 4,950 )
Total Fees ($ 25,995 )
City of Oxnard Water Division Fencing Add Service 3
Principal Prj Mngr Sr. Eng. Prof. Eng. Design Eng. CAD Tech Admin Total Hours Fee ($ 338.00 ) ($ 323.00 ) ($ 266.00 ) ($ 240.00) ($ 200.00 ) ($ 185.00 ) ($ 119.00 ) Task 7: Barrier & Access 50% Design
Coordination with Custom Fencing Manufacturer 1 2 4 7 ($ 1,944.00 ) Structural Calculation Package and Drawings 2 4 7 24 30 30 97 ($ 21,140.00 ) Subtotal - Task 7 Civil Portion 3 6 7 28 30 30 0 104 ($ 23,084.00 ) Task 8: Barrier & Access Final Design
Coordination with Custom Fencing Manufacturer 2 2 6 10 ($ 2,618.00 ) Structural Drawings and Calculations 1 2 5 16 27 25 76 ($ 16,179.00 ) Additional Coordination due to extended schedule 12 6 8 2 28 ($ 7,154.00 ) Revise plans and Specs per comments after 100% submittal 1 4 1 8 8 8 30 ($ 6,896.00 ) Subtotal - Task 8 Civil Portion 2 20 8 36 43 33 2 144 ($ 32,847.00 ) Total - Tasks 7 & 8 ($ 55,931.00 )
RATES AND COSTS A-2 EXHIBIT
62 Design Rates Physical Security Consulting Cyber Secuirty Consulting Risk & Emergency Management Principal $225/hr Principal $275/hr Principal/Project Lead $400/hr Principal $300/hr Senior Consultant $200/hr Senior Consultant $250/hr Senior Consultant $350/hr Senior Consultant $250/hr Senior Project Manager $200/hr Senior Project Manager $250/hr Senior Project Manager $350/hr Senior Project Manager $250/hr Senior Designer $200/hr Consultant $200/hr Consultant $300/hr Consultant $225/hr Consultant $185/hr Associate $175/hr Associate $250/hr Associate $200/hr Project Manager $185/hr Subject Matter Expert/Advisory $250/hr Subject Matter Expert – Advisory $350/hr Subject Matter Expert – Advisory $250/hr Technology Designer $185/hr Subject Matter Expert – Incident Response $450/hr Subject Matter Expert – Incident Response $350/hr Associate $170/hr Subject Matter Expert – Threat/Behavioral $900/hr BIM/REVIT Coordinator $130/hr
Subject Matter Expert/Advisory $225/hr
Investigations Specialty Rates Managed Services
Lead Investigator $650/hr Social Media Monitoring/Analyst $200/hr Level 1 GPMS Technical Support $125/hr Investigator $500/hr Law Enforcement Liasion $300/hr Level 2 GPMS Technical Support $150/hr Analyst/Research $300/hr Subject Matter Expert - Analyst $300/hr Level 3 GPMS Technical Support $175/hr Senior Managing Director $650/hr
Managing Director $500/hr
RATES AND COSTS A-2 EXHIBIT
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5

DATE: March 19, 2024

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program.

RECOMMENDATION

That City Council:

1. Recognize $90,625 in training reimbursement revenue from the State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program;

2. Approve a budget appropriation in the amount of $90,625 from the Peace Officer Standards and Training (P.O.S.T.) reimbursement to P.O.S.T. related training; and

3. Authorize the City Manager or designee to approve additional budget appropriations if additional funding is received.

(This item did not originate in Committee.)

BACKGROUND

The State of California Commission of Peace Officer Standards and Training (POST) was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. The increasingly diverse challenges and changing service demands confronting law enforcement require that the content and instructional methodologies of peace officer training be regularly evaluated and updated. Training is crucial to officers and professional staff acquiring the critical knowledge, skills and abilities necessary to provide services. Training is continuously updated to ensure accuracy and relevance to contemporary issues, and is certified by POST. Every peace officer, public safety dispatcher, and public safety dispatcher supervisor must satisfactorily meet a Continuing Professional Training (CPT) requirement, which consists of a minimum of twenty-four (24) hours of POST approved training during every two-year CPT cycle.

Reimbursements to cities, counties, and districts shall be granted by the Commission in accordance with Penal Code section 13523. Reimbursement is based upon fund availability as approved by the Commission. POST reimbursements are based on schedules known as "POST plans." Differing POST plans may reimburse for subsistence (lodging and meals), travel (mileage), tuition, and/or backfill salary. POST funding comes from the State General Fund and State Penalty Fund, which receives money from penalty assessments on criminal and traffic fines. When an agency receives funding from POST, the State Controller's Office (SCO) conducts periodic audits to confirm the funds were used appropriately.

In August 1999, the Police Department received authorization to establish a training fund (Fund 103 - General Fund OPD Training) to capture POST reimbursement monies for expenditures incurred while attending POST certified training courses. With the implementation of the new financial system, Tyler Munis, the POST reimbursement monies and expenditures are tracked in a project in General Fund (#B2302 - Police P.O.S.T.).

STRATEGIC PRIORITIES

104
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

Approval of the recommended action will authorize recognition of the revenue and appropriation of $90,625 in the General Fund project #B2302 (Police P.O.S.T.).

For Finance Use Only: General Fund (Org. 1012111 Obj. 42420, 52310 & Org. 1012112 Obj. 52310) Project B2302

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS
None

105

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Amendments to City Loan Agreements with Mercy House Living Centers for the Development of a New Navigation Center at Casa de Carmen located at 241 West Second Street.

RECOMMENDATION

That the City Council:

2. Approve and authorize the City Manager or designee to execute the First Amendment to Measure O Loan Agreement 32300146 between the City and Mercy House;

3. Approve a budget appropriation of $537,567 in PLHA grant funds (Fund 220) to increase the loan amount for PLHA Loan Agreement A-8461 between the City and Mercy House from $347,528 to $885,095;

4. Approve and authorize the City Manager or designee to execute the First Amendment to Affordable Housing Loan Agreement A-8292 between the City and 2nd and B LP;

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)

BACKGROUND

On March 30, 2021, the City Council approved a Disposition and Development Agreement (DDA) between the City, CDP Developers LLC, and the Housing Trust Fund Ventura County to develop a mixed-use development known as Casa De Carmen including fifty-six permanent supportive housing units and a 110-bed overnight homeless shelter and navigation center (“Project”). City Council also approved an Affordable Housing Loan Agreement and related documents between the City and 2nd and B LP, to provide a $1,500,000 loan for the construction of the residential units in the Project. On May 19, 2022, the City Council approved the Second Amendment to the DDA to make changes including applying the rights and obligations of the DDA to future amendments, allowing for future interests of mortgages including after foreclosures, allowing material changes, with prior City of Oxnard approval, to the development and use, and an update to the Schedule of Performance. 106

The original budget to build the navigation center was $4,746,741, which was funded in partnership with the County of Ventura. The City contributed $347,528 from the City’s Permanent Local Housing Allocation (“PLHA”) plus $1,463,948 from the City’s Measure O fund. The County of Ventura contributed $2,935,265. Funding for construction of the navigation center was provided to Mercy House with two loan agreements between the City and Mercy House, approved by the City Council on May 17, 2022, including a PLHA Loan Agreement in the amount of $347,528 and a Measure O Loan Agreement in the amount of $4,399,213. A subsequent amendment was also executed on May 17, 2022, to amend the required insurance requirements between the parties.

The City of Oxnard and the County of Ventura entered an Agreement to Provide Financial Support for the Construction and Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals, which memorialized the contributions from the City and the County for the construction of the navigation center. If approved, HCD approval will be required to increase PLHA funding.

DISCUSSION

Casa de Carmen began construction in June 2022 and was originally estimated to be completed along with the navigation center on the ground floor in the Spring of 2024. Casa de Carmen has experienced various delays from asbestos, rain, and a lengthy approval process from Southern California Edison (SCE) for approval of the Project’s underground utility plan. SCE approval of the underground utility plan necessitated granting SCE a utility easement on City owned property adjacent to the City Library in Downtown. This action was approved by the City Council on July 27, 2023. As of the writing of this report, CDP was still awaiting final approval from SCE of their underground utility plan. Casa de Carmen is now expected to be completed in early 2025.

The subsequent build out of the navigation center is thus also delayed.

Budget Increase and Agreement Amendments

Mercy House updated the original cost estimates for the navigation center to include current costs plus amend the scope of construction by adding the installation of a grease interceptor, underground plumbing, signage and directories, permits and related fees, and legal fees. The increased budget requires amending:

1. PLHA Loan Agreement Documents
Staff proposes to amend the PLHA Loan Agreement and related documents increasing the principal loan amount from $347,528 to $885,095. This increases the overall navigation center construction budget from $4,746741 to $5,284,308.

The proposed restructure will also allow for an initial disbursement of $500,000 for start-up development costs associated with the construction of the navigation center.

2. Measure O Loan Agreement
Recommended changes to the terms of the Measure O Loan Agreement does not increase the principal amount but the PLHA Loan Agreements does increase the navigation center budget by $537,567. Additional proposed amendments to the Measure O Loan Agreement the PLHA Loan Agreement add time to disburse funds.

3. Affordable Housing Loan Agreement
The proposed amendments to the Affordable Housing Loan agreement between the City and 2nd & B LP will allow for the additional time needed to complete the Project and authorize the Housing Trust Fund Ventura County to assign its interest to the Housing Land Trust Ventura County.

4. Disposition and Development Agreement
The proposed amendments to the Disposition and Development Agreement between the City, CDP Developers LLC and the Housing Trust Fund Ventura County allow for the additional time needed to complete the Project and authorize the Housing Trust Fund Ventura County to assign its interest to the Housing Land Trust Ventura County.

5. Agreement to Provide Financial Support for the Construction and Operation of a Permanent, YearRound Shelter Serving Homeless Individuals
This Agreement calls for the equal sharing of the cost to build and operate the new navigation center between the City 107
and the County. Mercy House expects an increase in the annual cost to operate the new navigation center. Staff proposes to amend this agreement with the County relative to the construction of the navigation center and memorializing the budget increase of that navigation center plus allowing for the delay in construction of Casa de Carmen. The current estimate for the construction of the new navigation center increases the construction budget from $4,746,741 to $5,284,308, a difference of the $537,567, which is consistent with the above-mentioned increase to the principal if the PLHA loan agreement.

Additionally, Mercy House staff projects an increase to the cost to operate the navigation center, which will require additional contributions from the County and the City. Staff will return to Council to further amend the agreement with the County to share operation cost prior to the opening of the new navigation center for such amendment. The County will also return to the Board of Supervisors for such an amendment.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

If the proposed amended PLHA funding and First Amendment to the PLHA Loan Agreement between the City and Mercy House is approved by the City Council and HCD, a budget appropriation of $537,567 from the City’s Year 2 PLHA grant funds (Fund 220) will be required. Funding for this appropriation will be attained by reducing funds that are available, but not yet appropriated, for the Affordable Housing Gap Financing activity authorized under the grant. There are not pending, or already approved, development projects that would be affected by this appropriation.

For Finance use only: State Housing Grant Fund (Org. 2208101 Obj. 53600) Project M2102.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved the recommended action 3-0 on February 27, 2024.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. First Amendment to PLHA Loan Agreement

2. Amended and Restated Promissory Note

3. Amended and Restated Regulatory Agreement

4. Amended and Restated Deed of Trust, Assignment of Rents and Security Agreement

5. First Amendment to Measure O Loan Agreement

6. First Amendment to Affordable Housing Loan Agreement

7. Second Amendment to Disposition and Development Agreement

8. Second Amendment to Agreement to Provide Financial Support for Construction Year-Round Shelter

108
A-8461
1 FIRST AMENDMENT TO PLHA LOAN AGREEMENT
(HOMELESS SHELTER PROJECT)
This First Amendment (“First Amendment”) to the PLHA Loan Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________________, 20___, by and between the City of Oxnard, a municipal corporation (“Lender”), and Mercy House Living Centers (“Borrower”). This First Amendment amends the Agreement entered into on May 19, 2022, by Lender and Borrower.

Lender and Borrower agree as follows:

1. Lender and Borrower wish to increase the principal amount of the PLHA Loan Agreement from Three Hundred and Forty-Seven Thousand Five Hundred and Twenty-Eight Dollars ($347,528) to Eight Hundred and Eighty-Five Thousand Ninety-Five dollars ($885,095).

Therefore, throughout the entire agreement, the amount “Three Hundred and Forty-Seven Thousand Five Hundred and Twenty-Eight Dollars ($347,528)” is hereby deleted and replaced with “Eight Hundred and Eighty-Five Thousand Ninety-Five dollars ($885,095).”

2. The reference to “Exhibit B” everywhere it is listed in the Agreement is hereby amended to the new Exhibit B-1. “Exhibit B” is hereby disincorporated; instead, the Exhibit B-1 is attached hereto and incorporated herein by this reference.

3. In Section 1.5 the following language “All funds must be disbursed under this Agreement on or before April 30, 2024. No funds shall be disbursed after April 30, 2024” is hereby deleted and replaced with “Disbursement of funds is for the construction of tenant improvements as described in Section 2.6 of this Loan Agreement, Borrower must diligently complete construction in pursuit of a Certificate of Occupancy.”

4. In Section 3.2, paragraph two, the reference to “no more frequently than one time per month” is hereby deleted. In Section 3.2 the following language is hereby added as the final paragraph, “Notwithstanding anything in this Section 3.2 to the contrary, Lender may, in its sole and absolute discretion, disburse up to “Five Hundred Thousand Dollars ($500,000) of the total Loan proceeds to Borrower prior to Borrower incurring any Project costs.”

5. The reference to “Exhibit C” everywhere it is listed in the Agreement is hereby amended to the new Exhibit C-1. “Exhibit C” is hereby disincorporated; instead, the Exhibit C-1 is attached hereto and incorporated herein by this reference.

6. The reference to “Exhibit D” everywhere it is listed in the Agreement is hereby amended to the new Exhibit D-1. “Exhibit D” is hereby disincorporated; instead, the Exhibit D-1 is attached hereto and incorporated herein by this reference.

7. The reference to “Exhibit E” everywhere it is listed in the Agreement is hereby amended to the new Exhibit E-1. “Exhibit E” is hereby disincorporated; instead, the Exhibit E-1 is attached hereto and incorporated herein by this reference.

8. As so amended, the Agreement remains in full force and effect. 109
A-8461
2 IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above

LENDER BORROWER
The City of Oxnard, a municipal
corporation
MERCY HOUSE LIVING CENTERS, a
California nonprofit public benefit corporation
Alexander Nguyen, City Manager By: Larry Haynes
Its: Chief Executive Officer
APPROVED AS TO FORM:

Stephen Fisher, City Attorney
110
A-8461
3 EXHIBIT B-1
BUDGET
Loan proceeds shall be used only for the costs attributed to the development of the Shelter, as shown below, in an amount not to exceed $885,095.

Description Total Budget
Shelter Shell $844,691
Rooftop Deck $41,612
Shelter Tenant Improvements $3,580,488
Design Costs $232,750
Construction Oversight $50,000
Insurance $88,000
Contingency $446,767
Total Cost $5,284,3081
1 The balance of this budget will be paid with loan proceeds from a separate Loan Agreement executed between the Borrower and the Lender, in which Lender agreed to loan Borrower $4,399,213 from Local City Measure O funds and funds provided by the County of Ventura for development of the Shelter.
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4 EXHIBIT C-1

AMENDED AND RESTATED DEED OF TRUST
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5 EXHIBIT D-1

AMENDED AND RESTATED PROMISSORY NOTE
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6 EXHIBIT E-1

AMENDED AND RESTATED REGUATORY AGREEMENT
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1 AMENDED AND RESTATED PROMISSORY NOTE
PLHA Loan Agreement
(Secured by Deed of Trust)
$885,095
Oxnard, California
______________, 2024
FOR VALUE RECEIVED, the undersigned, Mercy House Living Centers, a California nonprofit public benefit corporation (“Borrower”), hereby promises to pay to the order of the City of Oxnard, a municipal corporation (“Lender”), the principal sum of Eight Hundred and Eighty- Five Thousand Ninety-Five Dollars ($885,095) or so much thereof as may be advanced by Lender pursuant to Borrower as set forth below. The term Loan as used herein, means the Loan evidenced by this Note. The Loan is made pursuant to the terms of a PLHA Loan Agreement dated as of May 19, 2022 and amended on ______________, 2024 (collectively the “Loan Agreement”) and the Amended and Restated PLHA Regulatory Agreement executed concurrently herewith between Borrower and Lender on ________________, 2024.

All of the provisions of this Amended and Restated Promissory Note are agreements which are secured by the Amended and Restated Deed of Trust securing this Note. A default in observance of any of the provisions is a default with consequences under the Amended and Restated Deed of Trust.

I. WHEREAS, Borrower signed a Promissory Note on May 19, 2022 (the “Original Note”) promising to pay Lender the amount of Three Hundred Forty-Seven Thousand Five Hundred Twenty-Eight Dollars ($347,528) (the “Original Loan”); and II. WHEREAS, the Original Note secured the Original Loan made pursuant to the terms of a PLHA Loan Agreement and a PLHA Regulatory Agreement (“Original Regulatory Agreement”), which were executed concurrently between Borrower and Lender; and III. WHEREAS, on ____________________, 2024 the Lender and Borrower amended the Loan Agreement increasing the Loan Agreement amount to Eight Hundred and Eighty- Five Thousand Ninety-Five Dollars ($885,095) (the “Loan”) and executed an Amended and Restated Regulatory Agreement to replace the Original Regulatory Agreement and reflect the updated loan amount
Now therefore the Borrower agrees as follows:

1. This Amended and Restated Promissory Note completely amends and replaces that certain Original Note dated May 19, 2022. The Original Note will have no further force or effect whatsoever.
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2 2. DEFINITIONS. Any term not defined herein shall have the meanings set forth in the Loan Agreement.

3. AMOUNT AND TIME OF PAYMENT. This Note shall bear no interest. The principal of the Loan shall be due and payable on the earlier of: (a) fifteen (15) years after the date of Project completion as evidenced by a written notice of completion provided to the Borrower by the City of Oxnard, or (b) the date the Property is sold or otherwise transferred, or (c) Borrower has failed to commence construction as set forth in Section

4.1 of the Loan Agreement, or (d) an event of default by Borrower, as defined in Section

8.1 of the Loan Agreement, which has not been cured as provided in Section 8.2 of the Loan Agreement. In the event of default by Borrower, as defined in Section 8.1 of the Loan Agreement, which has not been cured as provided for in Section 8.2 of the Loan Agreement, the principal shall be due and payable in accordance with Section 8.3 of the Loan Agreement. The foregoing notwithstanding, if Borrower remains compliant with the terms of the Regulatory Agreement, as determined by the Lender through periodic inspections of the Project and tenant files documenting occupancy by Qualifying Households, and as indicated with monitoring close-out letters from Lender to Borrower indicating compliance with the Regulatory Agreement, for the fifteen (15) year term described therein, then the principal amount of the Loan shall be forgiven.

4. DEFAULT INTEREST. In the event of a default by Borrower of any of its obligations under this Note and expiration of applicable cure periods, Borrower shall pay to Lender interest on the outstanding principal of the Loan, at an annual rate equal to the lesser of (i) ten percent (10%) or (ii) the highest interest allowed by law, from the date of the default until the date that the default is cured or the Loan is repaid in full.

5. NO DEDUCTIONS, NO OFFSETS. All payments of principal and interest hereunder shall be made without deduction of any present and future taxes, levies, duties, imposts, deductions, charges or withholdings imposed by any existing or future law, rule, regulation, treaty, directive or requirement whether or not having the force of law, which amounts shall be paid by Borrower. Borrower will pay the amounts necessary such that the gross amount of the principal and interest received by Lender is not less than that required by this Note. All stamp and documentary taxes shall be paid by Borrower. If, notwithstanding the foregoing, Lender pays any such taxes, Borrower will reimburse Lender for the amount paid, as additional interest, within five (5) days of Lender's demand for payment. Borrower will furnish Lender official tax receipts or other evidence of payment of all such amounts.

6. ABSENCE OF USURY. Borrower and Lender intend that the Loan be exempt from the restrictions contained in the California usury law, or if not exempt, that the Loan shall comply with any applicable usury law. In furtherance thereof, Borrower and Lender agree that none of the terms and provisions contained in this Note, or in any other instrument executed in connection herewith, shall ever be construed to create a contract to pay for the use, forbearance or detention of money, or interest at a rate in excess of the maximum interest rate permitted to be charged by applicable law. Therefore, if a court ultimately determines that the Loan is not exempt from the California usury law, or if a court determines that the usury law of another jurisdiction should be applied to the Loan:
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3 (a) neither Borrower nor any endorsers or other parties now or hereafter becoming liable for payment of this Note shall ever be required to pay interest on this Note at a rate in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section shall control over all other provisions of this Note and any other instruments now or hereafter executed in connection herewith; (b) if the maturity hereof shall be accelerated for any reason or if the principal of this Note is paid prior to the end of the term of this Note, and as a result thereof the interest received for the actual period of existence of the Loan would be unlawful, the holder of this Note shall refund to Borrower the amount of such excess or shall credit the amount of such excess against the principal balance of the Note then outstanding; and (c) in the event that Lender or any other holder of this Note shall collect monies which are deemed to constitute interest which would increase the effective interest rate on this Note to a rate in excess of that permitted to be charged by applicable law, all such sums deemed to constitute interest in excess of the legal rate shall, upon such determination, at the option of the holder of this Note, be first, credited against the principal balance of this Note then outstanding, and second, returned to the Borrower.

7. PREPAYMENT. This Note may be prepaid in whole or in part without penalty or charge.

8. ATTORNEY'S FEES. Should the indebtedness represented by this Note or any part thereof be collected at law or in equity or through any bankruptcy (including, without limitation, any action for relief from the automatic stay or any other bankruptcy proceeding) receivership, probate or other court proceedings or by any judicial or non- judicial foreclosure proceeding, or if this Note is placed in the hands of attorneys for collection after default, the Borrower and all endorsers, guarantors and sureties of this Note jointly and severally agree to pay, in addition to the principal and interest due and payable hereon, reasonable attorneys' fees and collection costs and expenses. Should any action be brought to construe, clarify, or obtain a declaration as to the terms of this Note or the parties' obligations under it, the prevailing party in such action shall recover its reasonable attorneys' fees.

9. WAIVER OF PRESENTMENT. Borrower, and any and all endorsers, guarantors and sureties of this Note, and all other persons liable or to become liable on this Note, jointly and severally waive presentment for payment, demand, notice of demand and of dishonor and nonpayment of this Note, notice of intention to accelerate the maturity of this Note, protest and notice of protest, diligence in collecting, and the bringing of suit against any other party, and agree to all renewals, extensions, modifications, partial payments, releases or substitutions of security, in whole or in part, with or without notice, before or after maturity. The pleading of any statute of limitations as a defense to any demand against the makers, endorsers, guarantors and sureties is expressly waived by each and all such parties to the extent permitted by law.

10. LOSS OF NOTE. Upon notice from any holder to Borrower of the loss, theft, destruction or mutilation of this Note and, upon receipt of indemnity reasonably satisfactory to Borrower from any holder of this note (except that if Lender is the holder of this Note, an indemnification from Lender shall be sufficient) or, in the case of mutilation hereof, upon 117
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4 surrender of the mutilated Note, Borrower will make and deliver a new note of like tenor in lieu of this Note.

11. SUCCESSORS AND ASSIGNS. This Note shall be binding upon and shall inure to the benefit of Borrower and Lender, and their successors and assigns.

12. SEVERABLE PROVISIONS. Every provision of this Note is intended to be severable.

If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or enforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.

13. NOTICES. Notices, demands, requests, elections, approvals, disapprovals, consents or other communications given under this Note shall be in writing and shall be given by personal delivery, mail or telegram or facsimile and addressed, if to Lender, Oxnard Housing Department, 435 S. D Street, Oxnard, California 93030, or if to Borrower, at Mercy House Living Centers, 203 N Golden Circle Drive, 3rd Floor, Santa Ana, CA 92705. Notice by personal delivery shall be deemed effective upon the delivery of such notice to the party for whom it is intended at the recipient's address. Notice by mail shall be deemed effective two (2) business days after depositing such notice, certified or registered mail, postage prepaid, properly stamped and sealed, with the United States Postal Service, properly addressed regardless of whether or when the notice is actually received by the addressee. Notice by telegram shall be deemed effective upon the transmission of the telegram, telegraph charges prepaid, to the party for whom it is intended at the recipient's address. Notice by facsimile shall be effective upon transmission. Notice by overnight guaranteed delivery service shall be deemed effective one (1) business day after depositing such notice with said service, charges prepaid and properly addressed. Either party may give notice of any change of address in accordance with the notice procedures described above.

14. DEFAULT. Any failure to perform any obligation of Borrower under this Note, the Deed of Trust, the Loan Agreement, or the Regulatory Agreement shall be considered a default hereunder.

15. JOINT AND SEVERAL. The obligations of Borrower in this Note shall be joint and several obligations of Borrower and of each Borrower, if more than one, and of each of Borrower's heirs, devisees, legatees, administrators, executors, personal representatives, successors and assigns.

16. GENDER. In this Note, whenever the context so requires, the masculine gender includes feminine and/or neuter, and the singular number includes the plural.

17. TIME OF ESSENCE. Time is of the essence in this Note and the performance of each of the covenants and agreements contained herein.

18. GOVERNING LAW. This Note shall be construed and enforced in accordance with the laws of the State of California.
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5 19. AUTHORITY. The person executing this Note represents and warrants that such person has the authority to execute this Note and bind borrower to its provisions.

20. CAPTIONS AND REFERENCES. The captions of the Paragraphs of this Note are for the purposes of convenience only and are not intended to be part of this Note and shall not be deemed to modify, explain, enlarge or restrict any of the provisions hereof. All "Paragraph" references are to the paragraphs of this Note, unless otherwise indicated.

21. SECURITY. This Note is secured by a deed of trust executed concurrently herewith, encumbering the property described therein.

22. NONRECOURSE OBLIGATION. Except as expressly provided in the second paragraph of this section, the Borrower, and the Borrower's officers, directors, employees and agents shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the Note or the performance of the covenants of the Trustor under the Deed of Trust securing the Note. The sole recourse of the Lender with respect to the principal of, or interest on, the Note shall be to the property securing the indebtedness evidenced by the Note. However, that nothing contained in the foregoing limitation of liability shall (a) limit or impair the enforcement against all such security for the Note of all the rights and remedies of the Lender, or (b) be deemed in any way to impair the right of the Lender to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto.

The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the Note, except as hereafter set forth; nothing contained herein is intended to relieve the Borrower of personal liability for (a) fraud or willful misrepresentation; (b) the failure to pay taxes, assessments or other charges (which are not contested by Trustor in good faith) which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (c) the fair market value of any personal property or fixtures removed or disposed of by Trustor other than in accordance with the Deed of Trust; (d) the misapplication of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property; and (e) payment to the Lender of any rental income or other income arising with respect to the Property received by the Borrower after the Lender has given notice to the Borrower of the occurrence of an Event of Default, subject to the rights of any lender providing a loan secured by the Property to which the Lender has subordinated the Deed of Trust.

Mercy House Living Centers, a California
nonprofit public benefit corporation
Name: Larry Haynes
Its: Chief Executive Officer
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1 RECORDING REQUESTED BY

AND WHEN RECORDED
RETURN TO:

CITY OF OXNARD
Attn: Housing Director
435 South D Street
Oxnard, California 93030 NO FEE PER GOV’T CODE SECTION 27383 APNs: 202-0-054-075 and -080 SPACE ABOVE THIS LINE FOR RECORDER’S USE A-8470

AMENDED AND RESTATED PLHA REGULATORY AGREEMENT
(CITY OF OXNARD)
This Amended and Restated PLHA Regulatory Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mercy House Living Centers (“Operator”). This Amended and Restated Regulatory Agreement (“Regulatory Agreement”) entered into on May 19, 2022, by City and Operator.

I. WHEREAS, Operator has a leasehold estate in and on the first floor of the building located on the improved real property located in the City of Oxnard, County of Ventura, State of California (“Property”) described in Exhibit “A” attached hereto and incorporated herein by this reference; and
II. WHEREAS, On May 19, 2022 the City and Operator entered into a PLHA Loan Agreement (“Loan Agreement”) in which City agreed to loan Three Hundred Forty-Seven Thousand Five Hundred Twenty-Eight Dollars ($347,528) from funds the City received under the Permanent Local Housing Allocation (PLHA) program from the State of California in order to assist the Operator in the construction of certain tenant improvements and operation of a 110- bed homeless shelter on the Property (“Project”); and
III. WHEREAS, in further consideration for entering into the Loan Agreement and in furtherance of the purposes of the PLHA program, Operator entered into a PLHA Regulatory Agreement (“Original Agreement”) with the City on May 19, 2022 and recorded the Original Agreement on June 7, 2022 as Document No. 2022000064688 in the Official Record of the Ventura County Recorder; and
IV. WHEREAS, on February 20, 2024 the City and Operator amended the Loan Agreement to increase the principal amount of the Loan to Eight Hundred and Eighty-Five Thousand Ninety-Five Dollars ($885,095) (the “Loan”); and 120
2 V. WHEREAS, the purpose of this Regulatory Agreement is to regulate and restrict the occupancy, operation, ownership, and management of the Project in compliance with the PLHA program requirements in consideration of the Loan from the City.

NOW, THEREFORE, IN CONSIDERATION FOR THE CITY’S ASSISTANCE,

OPERATOR COVENANTS AND AGREES FOR THE BENEFIT OF THE CITY AS FOLLOWS:

AGREEMENT
1) This Amended and Restated Regulatory Agreement completely amends and replaces that certain Original Agreement dated May 19, 2022. The Original Agreement will have no further force or effect whatsoever.
2) Recitals. The foregoing recitals are a part of this Regulatory Agreement. 3) Term. The provisions of this Regulatory Agreement shall remain in effect for a period of 15 years from the date of Project completion as evidenced by a written notice of occupancy clearance provided to the Operator by the City of Oxnard. 4) City Contributions. The City has provided funds for the construction of tenant improvements for a permanent 110 bed homeless shelter located on the Property. 5) City Conditions. The Project shall meet all City conditions rules and regulations and shall be required to have approval of the Oxnard Planning Commission and City Council as required by City ordinances, resolutions, regulations and requirements. 6) Compliance with PLHA Program Requirements. Operator covenants that at all times its actions regarding the Project and the use of funds provided under the Loan Agreement shall be in conformity with all PLHA program requirements, including the requirements of this Regulatory Agreement. Operator acknowledges that it is familiar with the PLHA program requirements and has access to professional advice to the extent necessary to enable Operator to fully comply with the PLHA program requirements.
7) Additional Operational Requirements. The Operator shall operate the Project consistent with the operational requirements contained in that certain Agreement to Provide Financial Support for the Construction and Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals entered into by and between the County of Ventura and the City of Oxnard dated as of May 17, 2022, as may be amended from time to time. These requirements include but are not limited to the following:
a) Service Model
i) The Shelter will provide a safe place for homeless individuals to stay and stabilize while partnering with service providers to develop a plan for safe, secure and permanent housing. The primary purpose of the Shelter beyond emergency sheltering is to leverage community resources that will assist homeless individuals in quickly 121
3 securing and moving into suitable permanent housing and in achieving long-term housing stability.
ii) City will ensure that the Shelter Operator will participate in the Ventura County coordinated entry system, Pathways to Home, and will enter all Shelter occupants into the Ventura County Homeless Management Information System. iii) City will ensure that the Shelter Operator shall operate and develop the appropriate individualized case plan for each Shelter occupant that is client-centered, culturally and linguistically appropriate, trauma-informed and sensitive to the wide ranges of needs of the Shelter occupants, with the goal to transition the Shelter occupant to stable and affordable housing.
iv) The following competencies are integral parts of the program design and operation of the Shelter:
(1) Low barrier access and services.
(2) Housing first.
(3) Harm reduction.
(4) Trauma informed care.
(5) Client centered
8) Construction. All work on the Project shall be performed by contractors, licensed under the laws of the State of California, as Operator may employ from time to time to execute such work. Operator shall comply with all federal, State and local laws and regulations pertaining to construction of the Project, including laws relating to competitive bidding and payment of prevailing wages, to the extent the same may be applicable. All work shall be performed in a workmanlike and quality fashion, free of encumbrances and liens, in full compliance with all applicable requirements of the Uniform Building Code and the Oxnard City Code. In addition to all other obligations of Operator as set forth in this Regulatory Agreement, Operator shall seek and obtain all necessary governmental approvals for the Project and shall pay all permit application fees and development exactions then prescribed by city ordinance or resolution at the time of submittal, unless such fees or exactions are waived by City.

Nothing herein excuses compliance by Operator with any or all City ordinances, resolutions or procedures in connection with development of the Project. 9) Maintenance. Operator shall, at all times during the term of this Regulatory Agreement, cause the Property and the Project to be maintained in good condition and repair regardless of cause of the disrepair. Operator shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City and any of its employees, agents, contractors or designees shall have the right to enter upon the Project at reasonable times and in reasonable manner to inspect the project.
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4 10) Reports. Operator shall submit to the City such periodic reports as deemed necessary by City to monitor Operator’s compliance with this Regulatory Agreement. The reports may include, but are not limited to:
a) An income and expense statement for the reporting period; b) An annual summary of the occupancy of the Project, indicating the number of unduplicated homeless individuals assisted by the Project and their income levels, as well as the number of individuals that exited homelessness, number of seniors (age 65 and over), number of veterans and number of disabled individuals assisted by the Project.

This report shall be provided on or before July 10 of every year; c) A report on maintenance or other issues anticipated to impact the current budget needs of the Project;
d) Information on the status of waiting lists for the Project; and e) Other information as required by City to accurately monitor Operator’s performance hereunder.
f) City may conduct on-site monitoring at City’s sole discretion. 11) Hold Harmless Indemnification.
a) Operator shall at all times defend, indemnify and save City, council members, agencies, departments, officers, employees, agents and volunteers, harmless against any and all claims, lawsuits, judgment, demands and liability against City, its council members, agencies, departments, officers, employees, agents and volunteers, including those arising from injuries or death of persons and for damages to property, arising directly or indirectly out of the operations conducted or subsidized in whole or in part by City related to this Regulatory Agreement, save and except claims or litigation arising through the sole negligence or wrongdoing and/or sole willful misconduct of City or any other indemnitee. Operator is not obligated to indemnify City or others for claims based upon their use of information provided by Operator, provided the information itself is accurate.

Operator shall at all times indemnify and hold harmless City, its officers and employees, from all loss, litigation, liability, damage, or expense, including, without limitation, potential tenant relocation costs arising under this Regulatory Agreement and/or any subcontract which Operator enters into relating to implementation of the Project. b) Operator’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Borrower is obligated to indemnify and hold harmless. 12) Modifications. This Regulatory Agreement is subject to written modification and termination as necessary by City in accordance with requirements contained in any future federal or state legislation and regulations. All other modifications must be in written form and approved by both parties. To the extent that any lender to, or equity investor in, the Project requires changes to this Regulatory Agreement, which changes do not materially 123
5 affect the basic affordability, reporting, and enforcement provisions hereof, the City agrees to cooperate to effect such changes within a reasonable time. 13) Sale Of Property/Change Of Use. Operator agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Regulatory Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Regulatory Agreement shall constitute covenants which run with the land and shall be binding on Operator and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Operator further understands and agrees that the loan funds provided to Operator under this Regulatory Agreement are made on the condition that Operator and all subsequent owners, or other successors and assigns of the Property and/or Project operate the Project in accordance with the terms and conditions of this Regulatory Agreement. In the event that Operator or any of its successors and assigns violates any of these covenants, following reasonable notice and opportunity to cure, the total amount of the Loan funds shall become immediately due and payable.
14) Authority To Bind. By entering into this Regulatory Agreement, Operator certifies it is qualified and licensed to conduct business in the State of California. 15) Notice. All notices given or required to be given to this Regulatory Agreement, shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows:

TO CITY:

City of Oxnard Housing Department
435 South D Street
Oxnard, California 93030
Attn: Housing Director
TO OPERATOR:

Mercy House Living Centers
203 N Golden Circle Drive, 3rd Floor
Santa Ana, CA 92705
Attention: Larry Haynes
and, when addressed in accordance with this paragraph, 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 name and addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
16) Compliance With Law. Operator shall comply with all applicable laws and regulations in the implementation of this Regulatory Agreement.
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6 17) Contractual Relationship. The contractual relationship between City and Operator is independent and under no circumstances shall Operator be considered an agent or partner of City.
18) Enforced Delay; Extension Of Times Of Performance. In addition to specific provisions of this Regulatory Agreement, performance by any of the parties hereunder shall not be deemed to be in default, and all performance and other dates specified in this Regulatory Agreement shall be extended, where delays or defaults are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargos, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplier, acts or omissions of another party, acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform.

Notwithstanding anything to the contrary in this Regulatory Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause.

Times of performance under this Regulatory Agreement may also be extended in writing by the mutual agreement of City's Housing Director and Operator. 19) Benefit Of Agreement. This Regulatory Agreement and every provision hereof is for the exclusive benefit of Operator and City and not for the benefit of any other party. There shall be no incidental or other beneficiaries of any of Operator’s or City’s obligations under this Regulatory Agreement.
20) Enforcement Of Agreement. If any terms, provisions, conditions or covenants in this Regulatory Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Regulatory Agreement, or the application of such terms, provisions, conditions or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Regulatory Agreement shall be valid and enforceable to the fullest extent permitted by law.
21) Governing Law. The terms of this Regulatory Agreement shall be interpreted according to the laws of the State of California.
22) Rights of Mortgage Holders. The provisions of these Covenants do not limit the right of the holder of any mortgage, deed of trust or other lien or encumbrance to exercise any of its remedies for the enforcement of any pledge or lien upon the Property, recorded prior in time to this Regulatory Agreement or to which this Regulatory Agreement has been subordinated in writing.
23) City Successors. City, its successors and assigns, is deemed the beneficiary of the covenants contained herein, without regard to technical classification and designation. The covenants 125
7 shall run in favor of City, its successors and assigns, without regard to whether City has been, remains, or is an owner of any land or interest therein. 24) Modification. City and its successors and assigns, and Operator and its successors and assigns shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained in these covenants without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property:
provided, however, that the obligations set forth in paragraph 21 shall not be subject to modification without the consent of any affected lienholder. 25) No Discrimination. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, national origin, sex, age, disability, marital status, sexual preference, creed, ancestry, familial status, medical condition, or retaliation for having filed a discrimination complaint, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Operator itself or any person claiming under or through it, establish or permit any such practice or practices or discrimination or segregation with reference to the selection, location, number use or occupancy of buyers, tenants, lessees, subtenants, sublessees, or vendees of the Property.

The Operator shall refrain from restricting the rental, sale or lease of the Property to any person on the basis of race, color, religion, ancestry, familial status, national origin, sex, age, disability, marital status, sexual preference, creed, ancestry, medical condition, or retaliation for having filed a discrimination complaint. All deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
“The transferee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.0 of the Government code, in the sale, lease sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or though him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lesses, subtenants, sublesses, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” 26) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages of one or more counterpart copies may be removed from such counterpart copies and all attached to the same copy of this Agreement, which, with all attached signature pages, shall be deemed to be an original. (Signatures appear on next page)
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8 IN WITNESS WHEREOF, City and Operator have executed this Regulatory Agreement. (NOTARIZATION REQUIRED)

CITY OPERATOR
The City of Oxnard, a municipal
corporation
MERCY HOUSE LIVING CENTERS, a
California nonprofit public benefit
corporation
Alexander Nguyen, City Manager By: Larry Haynes
Its: Chief Executive Officer
APPROVED AS TO FORM:

Stephen Fisher, City Attorney
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9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________)
On _______________________, before me, ______________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
________________________________
Signature of Notary Public
(Place Notary Seal Above)
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EXHIBIT A
EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF OXNARD

IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

A leasehold estate as created by that certain Lease dated June 3, 2022, executed by and between 2nd & B, LP, a California limited partnership, as Landlord, and Mercy House Living Centers, a California nonprofit public benefit corporation, as Tenant, as evidenced by that certain "Memorandum of Lease" recorded concurrently with this document in the Official Records of the County of Ventura, California, in and to the first floor of the building located on the following described real property:

PARCEL 1 as shown on lot merger PZ 20-310-08, recorded on May 24, 2022 as Instrument No. 2022000060527 of official records, County of Ventura, State of California, more particularly described as follows:

LOTS 9, 10 and 11 of block 12, as shown on a map of the north addition to the Town of Oxnard, County of Ventura, State of California, recorded in book 5, page 7, of miscellaneous records (maps), in the office of the County Recorder of said county. Excepting all uranium, thorium and other fissionable materials, all oil, gas, petroleum, asphaltum, and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinbefore described land, together with the right to use that portion only of said land which underlies a plane parallel to and five hundred (500) feet below the present surface of said land, for the purpose of prospecting for, developing and/or extracting said uranium, thorium, and other fissionable materials, oil, gas, petroleum, asphaltum, and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said associated southern investment company, its successors and assigns, shall have no right to enter upon 'the surface of said land, or to use said land or any portion thereof to said depth of five hundred (500) feet, for any purpose whatsoever, as excepted and reserved in that certain deed from associated southern investment company to the City of Oxnard, dated June 20, 1974 and recorded June 28, 1974, in book 4281, page 515 of official records.

APN: 202-0-054-075 AND 080
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1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Oxnard, Housing Department
Attn: Housing Director
435 South D Street
Oxnard, CA 93030
Request recording without fee. Record for
the benefit of the City of Oxnard pursuant to
Government Code Section 27383
APN: 202-0-054-075 AND 080
A-8461 (Space above this line for Recorder’s use only)

AMENDED AND RESTATED DEED OF TRUST, ASSIGNMENT OF RENTS, AND

SECURITY AGREEMENT
(PLHA Loan Homeless Shelter Project)

THIS AMENDED AND RESTATED DEED OF TRUST, ASSIGNMENT OF RENTS, AND SECURITY AGREEMENT (“Deed of Trust”) is made as of this _______day of ___________________, 2024, by Mercy House Living Centers, a California nonprofit public benefit corporation (“Trustor”), to Fidelity National Title Company, a California corporation as trustee (“Trustee”), for the benefit of the City of Oxnard, a municipal corporation (“Beneficiary”).

I. WHEREAS, Trustor signed a Deed of Trust, Assignment of Rents and Security Agreement on May 19, 2022 (the “Original Deed of Trust”) and recorded the Original Deed of Trust on June 7, 2022 as Document No. 2022000064690 in the Official Record of the Ventura County Recorder securing a Loan pursuant to the terms of a PLHA Loan Agreement (Homeless Shelter Project) (the “Loan Agreement”), PLHA Regulatory Agreement (“Original Regulatory Agreement”), and Promissory Note (the “Original Note”) promising to pay Beneficiary the amount of Three Hundred Forty-Seven Thousand Five Hundred Twenty-Eight Dollars ($347,528); and II. WHEREAS, on May 19, 2023 Beneficiary and Trustor concurrently executed the Loan Agreement and Regulatory Agreement and Trustor signed the Original Note; and III. WHEREAS, on _______________, 2024 the Beneficiary and Trustor amended the Loan Agreement and replaced the Orginal Regulatory Agreement and Original Note with an Amened and Restated PLHA Regulatory Agreement and an Amended and Restated Promissory Note increasing the Loan Agreement amount to Eight Hundred and Eighty-Five Thousand Ninety- Five Dollars ($885,095) (the “Loan”).

Now therefore the Trustor agrees as follows:

GRANT IN TRUST

1. This Amended and Restated Deed of Trust (Deed of Trust) completely amends and replaces that certain Original Deed of Trust dated May 19, 2022. The Original Deed of Trust will have no further force or effect whatsoever.
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2 2. GRANT. Trustor, in consideration of the indebtedness referred to below, hereby irrevocably grants and conveys to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, all of Trustor’s interest in the leasehold estate in and to the first floor of the building located on the improved real property located in the County of Ventura, State of California, more particularly described in Exhibit A and incorporated herein by this reference (the “Property”)
TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property; all buildings, structures, fixtures, improvements, signs, and landscaping now or hereafter erected or located on the Property, including all equipment and machinery used for supplying or distributing heating, cooling, electricity, gas, water, air, and light, all kitchen and laundry appliances such as washers, dryers, refrigerators, garbage disposals, ovens, ranges, dishwashers, all plumbing and bathroom fixtures, all security and access control equipment, fire prevention and extinguishment equipment, elevators, floor coverings, window coverings, paneling, cabinets, (provided, however, that Trustor shall have the right to remove, if necessary, such fixtures, furnishings, and equipment for the purpose of replacement with similar items of the same quality performing the same functions, which replacements shall themselves become part of this grant); all building material and equipment either now or hereafter delivered to the Property and intended to be installed therein or any such material and equipment purchased with the Loans’ proceeds whether or not located on the Property; all reserves, accounts, deferred payments, and refunds relating to development on the Property; all rents and income generated by the Property or improvements thereon (subject however to the assignment of rents to Lender contained herein); all leases, subleases and rental agreements covering the Property or any portion thereof now existing or hereafter entered into, and all interests of Trustor in security deposits, advance rentals, accounts, or payments of similar nature with respect to such leases, subleases, or rental agreements; all easements and rights-of-way appurtenant to the Property, including parking and recreational easements, and all interests of Trustor in any land lying within the right-of-way of any street, sidewalks, and areas of land adjacent to or used in connection with the Property; all development rights and credits, air rights, water rights, and oil, gas or mineral rights with respect to the Property; all claims or demands with respect to insurance proceeds, and all awards made for a taking by eminent domain; all interests and rights in any private or government grants, subsidies, loans, or other financing with respect to development on the Property; all interests in personal property used in and about the Property (except furniture and other personal property of occupants of dwelling units on the Property); all intangible property and rights relating to the Property or operations on the Property, including trade names, goodwill, trademarks, and service marks; all government permits, approvals, and map rights related to construction on the Property; all architectural, structural, and mechanical plans, specifications, designs, studies, and data with respect to construction of improvements on the Property; all environmental tests, studies and reports with respect to the Property; all current and future claims and rights of action of Trustor against prior owners and operators of the Property, neighboring property owners and operators, tenants and former tenants, consultants, advisors, and other third parties with respect to environmental or any hazardous materials contamination and cleanup of the Property under any federal, state, or local ordinances, statutes, regulations, or administrative decisions or common law.

All of the foregoing, together with the Property, is herein referred to as the “Security.”

OBLIGATIONS SECURED
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3 3. OBLIGATIONS. Trustor makes this grant for the purpose of securing the following obligations:
a. Repayment of the indebtedness of Trustor to Beneficiary in the principal sum of Eight Hundred and Eighty-Five Thousand Ninety-Five Dollars ($885,095), with interest thereon, evidenced by a promissory note executed by Trustor on file at the offices of Beneficiary and hereby incorporated by reference into this Deed of Trust (the “Note”); and b. Payment of any sums advanced by Beneficiary to protect the security and priority of this Deed of Trust; and
c. Performance of every obligation, covenant or agreement of Trustor contained in the Loan Agreement between Trustor and Beneficiary, this Deed of Trust, the Regulatory Agreement, and the Note, including all modifications, extensions and renewals of these obligations (collectively, the “Loan Documents”); and
d. Performance of any other obligation or repayment of any other indebtedness of Trustor to Beneficiary, where such evidence of obligation or indebtedness specifically recites that it is secured by this Deed of Trust; and
e. Performance of any obligations of Trustor in any other agreements with respect to financing of the Property the Security the absence of which would adversely affect Beneficiary, whether or not Beneficiary is a party to such agreements.

ABSOLUTE ASSIGNMENT OF RENTS AND RIGHT TO POSSESSION

4. ASSIGNMENT. As additional security, Trustor hereby assigns to Beneficiary: (a) all of the rents, revenues, profits, and income from the Security, any deposits now or hereafter in Trustor’s possession which have been collected with respect to the Security, and any reserve or capital funds now or hereafter held by Trustor with respect to construction or operation of the Security (collectively, the “Rents”); and (b) the right to enter, take possession of, and manage the Security; provided however that Trustor shall have, before an Event of Default, as defined herein, the exclusive right to possess the Security and to collect Rents and use them in accordance with the Loan Documents. This assignment is intended to be an absolute and present transfer of Trustor’s interest in existing and future Rents, effective as of the date of this Deed of Trust.
5) ENFORCEMENT. Upon the happening of an Event of Default which remains uncured after expiration of the applicable cure period pursuant to the terms of the Note or other Loan Documents, Beneficiary may, in addition to other rights and remedies permitted by the Note, this Deed of Trust, or applicable law: (a) enter upon, take possession of, and manage the Security, either in person as a mortgagee-in-possession, by agent, or by a receiver appointed by a court, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Security, (b) collect all Rents, including those past due and unpaid, and apply the same to pay for the costs and expenses of operation of the Security, including reasonable attorneys’ fees, and pay off any indebtedness secured by this Deed of Trust, all in such order as Beneficiary may determine and/or (c) Beneficiary may make, cancel, enforce, and modify leases and rental agreements, obtain and evict tenants, set and modify rent terms, sue for rents due, enter into, modify, or terminate any contracts or agreements, or take any legal action, as it deems necessary with respect to the Rents or to development or operation of the Security, subject to the rent restrictions imposed against the Property. 132
4 6) APPOINTMENT OF A RECEIVER. In any action to enforce this assignment, Beneficiary may apply for the appointment of a receiver to take possession of the Security and take whatever measures are necessary to preserve and manage the Security for the benefit of Beneficiary and the public interest. Trustor hereby consents to the appointment of a receiver.

The receiver shall have all of the authority over the Security that Beneficiary would have if Beneficiary took possession of the Security under this assignment as a mortgagee-in- possession, including the right to collect and apply Rents and the right to complete construction of improvements.
7) NO WAIVER OF POWER OF SALE. The entering upon and taking possession of the Security and the collection of Rents shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or notice of default and, notwithstanding the continuance in possession of the Security or the collection and application of Rents, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law upon occurrence of any Event of Default, including the right to exercise the power of sale.

COMMERCIAL CODE SECURITY AGREEMENT
8) GRANT. This Deed of Trust is intended to be a security agreement and financing statement pursuant to the California Commercial Code for any of the items specified above as part of the Security which under applicable law may be subject to a security interest pursuant to the Commercial Code, and Trustor hereby grants Beneficiary a security interest in said items.

Beneficiary may file a copy of this Deed of Trust in the real estate records or other appropriate index as a financing statement for any of the items specified as part of the Security. Trustor shall execute and deliver to Beneficiary at Beneficiary’s request any financing statements, as well as extensions, renewals, and amendments thereof, and copies of this instrument in such form as Beneficiary may require to perfect a security interest with respect to said items. Trustor shall pay all costs of filing such financing statements and shall pay all reasonable costs of any record searches for financing statements and releases. Without the prior written consent of Beneficiary, Trustor shall not create or permit any other security interest in said items. This Deed of Trust constitutes a fixture filing under Sections 9313 and 9402(6) of the California Commercial Code.
9) REMEDIES. Upon Trustor’s breach of any obligation or agreement in the Loan Documents, after expiration of any applicable cure period, Beneficiary shall have the remedies of a secured party under the Commercial Code and at Beneficiary’s option may also invoke the remedies provided for elsewhere in this Deed of Trust with respect to said items. Beneficiary may proceed against the items of real property and personal property specified above separately or together and in any order whatsoever.

RIGHTS AND OBLIGATIONS OF TRUSTOR
10) PERFORMANCE OF SECURED OBLIGATION. Trustor shall promptly perform each obligation secured by this Deed of Trust in accordance with the Loan Documents. 11) PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal and any interest due on the indebtedness evidenced by the Note. 12) MAINTENANCE OF THE SECURITY. Trustor shall, at the Trustor’s own expense, maintain and preserve the Security or cause the Security to be maintained and preserved in good 133
5 condition, in good repair, and in a decent, safe, sanitary, habitable and tenantable condition.

Trustor shall not cause or permit any violations of any laws, ordinances, regulations, covenants, conditions, restrictions, or equitable servitudes as they pertain to improvements, alterations, maintenance or demolition on the Security. Trustor shall not commit or permit waste on or to the Security. Trustor shall not abandon the Security. Beneficiary shall have no responsibility over maintenance of the Security. In the event Trustor fails to maintain the Security in accordance with the standards in this Deed of Trust, Beneficiary and after any applicable cure periods, may, but shall be under no obligation to, make such repairs or replacements as are necessary and provide for payment thereof. Any amount so advanced by Beneficiary, together with interest thereon from the date of such advance at the same rate of interest as specified in the Note (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowed by applicable law), shall become an additional obligation of Trustor to Beneficiary and shall be secured by this Deed of Trust.
13) INSPECTION OF THE SECURITY. Trustor shall permit Beneficiary to enter and inspect the Security during normal business hours for compliance with these obligations upon at least 24 hours advance notice of such visit by Beneficiary to Trustor or Trustor’s management agent. 14) LIENS, ENCUMBRANCES, AND CHARGES. Trustor shall discharge any lien or encumbrance not approved by Beneficiary in writing that may attain priority over this Deed of Trust, as provided in the Note.
15) DEFENSE AND NOTICE OF CLAIMS AND ACTIONS. Trustor shall appear in and defend, at its own expense, any action or proceeding purporting to affect the Security and/or the rights of Beneficiary. Trustor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim, of the filing of any action or proceeding and of any condemnation offer or action with respect to the Security upon Trustor’s receipt of notice thereof. 16) SUITS TO PROTECT THE SECURITY. Beneficiary shall have power to institute and maintain such suits and proceedings as it may deem expedient (a) to prevent any impairment of the Security or the rights of Beneficiary, (b) to preserve or protect its interest in the Security and in the Rents, and (c) to restrain the enforcement of or compliance with any governmental legislation, regulation, or order, if the enforcement of or compliance with such legislation, regulation, or order would impair the Security or be prejudicial to the interest of Beneficiary. 17) DAMAGE TO SECURITY. Trustor shall give Beneficiary and Trustee prompt notice in writing of any damage to the Security. If any building or improvements erected on the Property is damaged or destroyed by an insurable cause, Trustor shall, at its cost and expense, repair or restore said buildings and improvements consistent with the original plans and specifications if Trustor reasonably determines that such restoration or repair is economically feasible. Such work or repair shall be commenced within one hundred twenty (120) days after the damage or loss occurs and shall be complete within one (1) year thereafter. Subject to Trustor’s election to rebuild, all insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if such insurance proceeds shall be insufficient for such purpose, Trustor shall make up the deficiency.
18) TITLE. Trustor warrants that Trustor lawfully has legal title to the Security without any limitation on the right to encumber other than those limitations set forth in the Loan Documents or other financing documents approved by Lender.
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6 19) GRANTING OF EASEMENTS. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to the Security except those required or desirable for installation and maintenance of public utilities including water, gas, electricity, sewer, cable television, telephone, or those required by law. 20) TAXES AND LEVIES. Trustor shall pay prior to delinquency, all taxes, fees, assessments, charges and levies imposed by any public authority or utility company which are or may become a lien affecting the Security. However, Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any contested liabilities. In the event that Trustor fails to pay any of the foregoing items, Beneficiary may, but shall be under no obligation to, pay the same, after Beneficiary has notified Trustor of such failure to pay and Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced by Beneficiary, together with interest thereon from the date of such advance at the same rate of interest as specified in the Note (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowed by applicable law), shall become an additional obligation of Trustor to Beneficiary and shall be secured by this Deed of Trust.
21) INSURANCE. Trustor shall procure or cause to be procured, and maintain or cause to be maintained, throughout the term of the Note, insurance against loss or damage to any structure constituting any part of the Property by fire and lightning, with extended coverage and vandalism and malicious mischief insurance. Said extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance shall be in an amount equal to the replacement cost (without deduction for depreciation) of all structures constituting any part of the Property, excluding the cost of excavations, of grading and filling and of the land, but in any event, shall be in an amount and in a form sufficient, in the event of total or partial loss, to enable the Trustor to restore the Property to the condition existing before such loss. The Trustor may, in its discretion and with the written consent of Beneficiary, insure the Property under blanket insurance policies which insure not only the Property but also other properties as long as such blanket insurance policies comply with the requirements of this Section 21. All policies of insurance required by this Section shall provide that all proceeds thereunder shall be payable to the Beneficiary pursuant to a lender’s loss payable endorsement substantially in a form approved by Beneficiary. Each insurance policy required hereunder shall require that the Beneficiary be given thirty (30) days’ notice of any intended cancellation thereof or reduction of the coverage provided thereby. The Trustor shall provide Beneficiary with copies of such policies upon request. In the event Trustor fails to maintain the full insurance coverage required by this Deed of Trust, Beneficiary, after at least seven (7) business days prior notice to Trustor, may, but shall be under no obligation to, take out the required policies of insurance and pay the premiums on such policies. Any amount so advanced by Beneficiary, together with interest thereon from the date of such advance at the same rate of indebtedness as specified in the Note (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowed by applicable law), shall become an additional obligation of Trustor to Beneficiary and shall be secured by this Deed of Trust. 135
7 22) CONDEMNATION. Subject to the rights of any senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of taking all or any part of or interest in the Security under assertion of the power of eminent domain (“Funds”) are hereby assigned to and shall be paid to Beneficiary. Beneficiary is authorized (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as Beneficiary shall determine at its sole option. All or any part of the amounts so collected and recovered by Beneficiary may be released to Trustor upon such conditions as Beneficiary may impose for its disposition. Application of all or any part of the Funds collected and received by Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust.

Notwithstanding anything to the contrary set forth herein, Beneficiary shall, prior to the application of the Funds or any portion thereof to the indebtedness or other obligations, apply such portion of the Funds as is reasonable and necessary to repair and preserve the value, marketability and rentability of the Security. Trustor shall have the right to rebuild the Property, and to use all available condemnation proceeds therefor, provided that (a) such proceeds are sufficient to keep the Loans in balance and rebuild the Property in a manner that provides adequate security to Lender for repayment of the Loans or, if such proceeds are insufficient or such security is inadequate, then Trustor shall have funded any deficiency and/or provided additional security; (b) Lender shall have the right to approve plans and specifications for any major rebuilding and the right to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement; and (c) no material default then exists under the Loan Documents other than any default which is a direct result of the condemnation.
23) ACCELERATION ON TRANSFER OF SECURITY. In the event that Trustor, without the prior written consent of the Beneficiary, sells, agrees to sell, transfers, or conveys its interest in the Security or any part thereof or interest therein, Beneficiary may at its option declare all sums secured by this Deed of Trust to be immediately due and payable. This option shall not apply in case of:
a) The grant of a leasehold interest to qualifying households who will occupy units in the Property as provided for under the Loan Documents; or
b) Sale or transfer of fixtures or personal property pursuant to the grant provisions in this Deed of Trust. Consent to one (1) sale or transfer shall not be deemed to be a waiver of the right to require such consent to future or successive transactions. 24) RECONVEYANCE BY TRUSTEE. This trust is intended to continue for the entire term of the Loan. Upon written request of Beneficiary stating that all sums secured by this Deed of Trust have been paid and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee’ reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto.

DEFAULT AND REMEDIES
25) EVENTS OF DEFAULT. Any of the events listed in the Note or the Loan Agreement as an Event of Default shall also constitute an Event of Default under this Deed of Trust. Trustor’s limited partners shall have the same notice and cure rights contained in the Loan Agreement. 136
8 26) ACCELERATION OF MATURITY. Upon the happening of an Event of Default which has not been cured within the times and in the manner provided in the Note, Beneficiary may declare all sums advanced to Trustor under the Note and this Deed of Trust immediately due and payable.
27) BENEFICIARY’S REMEDIES. Subject to the limitations set forth in the Note and upon the happening of an Event of Default which has not been cured within the times and in the manner provided in the Note, Beneficiary may, in addition to other rights and remedies permitted by the Note, or applicable law, proceed with any or all of the following remedies:
a. Enforce the assignment of rents and right to possession as provided for in this Deed of Trust, and/or seek appointment of a receiver to take over possession of the Security and collect Rents;
b. Enter the Security and take any actions necessary in its judgment to complete construction on the Security, either in person or through a receiver appointed by a court; c. Disburse from the Loans’ proceeds any amount necessary to cure any monetary default under this Deed of Trust, or the Note;
d. Commence an action to foreclose this Deed of Trust pursuant to California Code of Civil Procedure Section 725(a) et seq., as amended, and/or seek appointment of a receiver from a court of competent jurisdiction with the authority to protect Beneficiary’s interests in the Security, including the authority to complete construction of improvements; e. Deliver to Trustee a written declaration of Default and demand for sale, and a written Notice of Default and election to cause Trustor’s interest in the Security to be sold and exercise its power of sale as provided for below; or
f. Pursue any other rights and remedies allowed at law or in equity. 28) FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the power of sale contained in this Deed of Trust, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust (the deposit of which shall be deemed to constitute evidence that the unpaid sums disbursed under the Notes are immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require.

Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such notice of default and election to sell as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law and after recordation of such notice of default and after notice of sale having been given as required by law, sell the Security, at the time and place of sale fixed by it in said notice of sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as they may determine unless specified otherwise by Trustor, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to the purchaser its deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee, or Beneficiary, may purchase at the sale.
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9 Trustee may postpone the sale of all or any portion of the Security by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale.
29) APPLICATION OF SALE PROCEEDS. After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale as follows: first, to the payment of all sums then secured by this Deed of Trust, in such order and amounts as Beneficiary in its sole discretion determines; and second, the remainder, if any, to the person or persons legally entitled thereto. 30) REMEDIES CUMULATIVE. No right, power or remedy conferred upon or reserved to Beneficiary by this Deed of Trust is intended to be exclusive of any other rights, powers or remedies, but each such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity.

GENERAL PROVISIONS
31) GOVERNING LAW. This Deed of Trust shall be interpreted under and governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law.
32) STATEMENT OF OBLIGATION. Beneficiary may collect a fee not to exceed the maximum allowable under applicable law for furnishing a statement of obligations as provided in the California Civil Code.
33) CONSENTS AND APPROVALS. Any consent or approval of Beneficiary required under this Deed of Trust shall not be unreasonably withheld.
34) TIME. Time is of the essence in this Deed of Trust. 35) NOTICES, DEMANDS AND COMMUNICATIONS. Formal notices, demands and communications between Trustor and Beneficiary shall be sufficiently given and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Trustor and Beneficiary as follows:

BENEFICIARY:

City of Oxnard
435 S. D Street
Oxnard, CA 93030
Attn: Housing Director
TRUSTOR:

Mercy House Living Centers
203 N Golden Circle Drive, 3rd Floor
Santa Ana, CA 92705
Attn: Larry Haynes
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10 Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section 35. Delivery shall be deemed to have occurred at the time indicated on the receipt for delivery or refusal of delivery.
36) BINDING UPON SUCCESSORS. All provisions of this Deed of Trust shall be binding upon and inure to the benefit of the successors-in-interest, transferees, and assigns of Trustor, Trustee, and Beneficiary.
37) WAIVER. Any waiver by Beneficiary of any obligation of Trustor in this Deed of Trust must be in writing. No waiver will be implied from any delay or failure by Beneficiary to take action on any breach or default of Trustor or to pursue any remedy allowed under the Deed of Trust or applicable law. Any extension of time granted to Trustor to perform any obligation under this Deed of Trust shall not operate as a waiver or release Trustor from any of its obligations under this Deed of Trust. Consent by Beneficiary to any act or omission by Trustor shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for Beneficiary’s written consent to future waivers. 38) AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Deed of Trust must be in writing, and shall be made only if mutually agreed upon by Beneficiary and Trustor.
39) NOTE CONTROLS. If there is any contradiction between this instrument and the Note, the terms of the Note shall control, except that Trustor shall have no defense or claim that this instrument does not establish a valid lien on the Property or the Security. 40) DEFINITIONS. Capitalized terms not otherwise defined in this Deed of Trust shall have the same meaning as defined terms in the Loan Agreement.
41) PROOFS OF CLAIM. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, recomposition or other proceedings affecting Trustor, its creditors or its property, Trustee, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of Beneficiary allowed in such proceedings and for any additional amount which may become due and payable by Trustor hereunder after such date.
42) SEVERABILITY. Every provision of this Deed of Trust is intended to be severable. If any term or provision of this Deed of Trust is declared to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the legality, validity, and enforceability of the remaining provisions shall not be affected. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt and all payments made on the debt (whether voluntary or under foreclosure or other enforcement action or procedure) shall be considered to have been first paid or applied to the payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. 43) SUBSTITUTION OF TRUSTEE. Beneficiary may from time to time appoint another trustee to act in the place and instead of Trustee or any successor. Upon such appointment and without conveyance, the successor trustee shall be vested with all title, powers, and duties conferred upon Trustee.
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11 44) ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
45) Intentionally omitted.
46) NONRECOURSE OBLIGATION. Except as expressly provided in the second paragraph of this section, the Trustor, and the Trustor’s officers, directors, employees, partners and agents shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the Note or the performance of the covenants of the Trustor under the Deed of Trust securing the Note. The sole recourse of the Beneficiary with respect to the principal of, or interest on, the Note shall be to the property securing the indebtedness evidenced by the Note.

However, that nothing contained in the foregoing limitation of liability shall (a) limit or impair the enforcement against all such security for the Note of all the rights and remedies of the Beneficiary, or (b) be deemed in any way to impair the right of the Beneficiary to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto.

The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the Note, except as hereafter set forth; nothing contained herein is intended to relieve the Trustor of personal liability for (a) fraud or willful misrepresentation; (b) the failure to pay taxes, assessments or other charges (which are not contested by Trustor in good faith) which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (c) the fair market value of any personal property or fixtures removed or disposed of by Trustor other than in accordance with the Deed of Trust; (d) the misapplication of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property; and € payment to the Beneficiary of any rental income or other income arising with respect to the Property received by the Trustor after the Beneficiary has given notice to the Trustor of the occurrence of an Event of Default, subject to the rights of any lender providing a loan secured by the Property to which the Lender has subordinated the Deed of Trust.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
140
12 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written.

TRUSTOR
Mercy House Living Centers, a California nonprofit
public benefit corporation
By: _____________________________
Larry Haynes, President/CEO
Signature must be notarized
141
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
________________________________
Signature of Notary Public
(Place Notary Seal Above)
142

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF OXNARD IN

THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN: 202-0-054-075 AND 080
143
A-8460
(Munis No: 32300146)
1 FIRST AMENDMENT TO MEASURE O LOAN AGREEMENT
(HOMELESS SHELTER PROJECT)
This First Amendment (“First Amendment”) to the Measure O Loan 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 (“Lender”), and Mercy House Living Centers (“Borrower”). This First Amendment amends the Agreement entered into on May 19, 2022, by Lender and Borrower.

Lender and Borrower agree as follows:

1. The reference to “Exhibit B” everywhere it is listed in the Agreement is hereby amended to the new Exhibit B-1. “Exhibit B” is hereby disincorporated; instead, the Exhibit B-1 is attached hereto and incorporated herein by this reference.

2. In Section 1.4 the following language “All funds must be disbursed under this Agreement on or before April 30, 2024. No funds shall be disbursed after April 30, 2024” is hereby deleted and replaced with “Disbursement of funds is for the construction of tenant improvements as described in Section 2.6 of this Loan Agreement, Borrower must diligently complete construction in pursuit of a Certificate of Occupancy.”

3. In Section 3.2, paragraph two, the reference to “one time per month” is hereby deleted.

4. As so amended, the Agreement remains in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above

Stephen Fisher, City Attorney
144
A-8460
(Munis No: 32300146)
2 EXHIBIT B-1
BUDGET
Loan proceeds shall be used only for the costs attributed to the development of the Shelter, as shown below, in an amount not to exceed $4,399,213.

Description Total Budget
Shelter Shell $844,691
Rooftop Deck $41,612
Shelter Tenant Improvements* $3,580,488
Design Costs $232,750
Construction Oversight $50,000
Insurance $88,000
Contingency $446,767
Total Cost $5,284,3081
1 The balance of this budget will be paid with loan proceeds from a separate Loan Agreement executed between the Borrower and the Lender, in which Lender agreed to loan Borrower $885,095 from the Permanent Local Housing Allocation (“PLHA”) program from the State of California in order to increase the affordable housing stock in the City of Oxnard. 145
A-8292
1 FIRST AMENDMENT TO AFFORDABLE HOUSING LOAN AGREEMENT
(2ND AND B STREET PROJECT)
This First Amendment (“First Amendment”) to the Affordable Housing Loan 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 (“Lender”), and 2nd & B LP, a California limited partnership (“Borrower”). This First Amendment amends the Agreement entered into on May 19, 2022, by Lender and Borrower.

Lender and Borrower agree as follows:

1. In Section 4.13 the following language “In any event construction of the Project must be completed no later than May 1, 2024, any unavoidable delay notwithstanding” is hereby deleted and replaced with “Borrower must diligently complete construction of the Project as described in Recital B of this Agreement in pursuit of a Certificate of Occupancy.”

2. As so amended, the Agreement remains in full force and effect. (Signatures appear on the following page)
146
A-8292
2 IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above

LENDER BORROWER
The City of Oxnard, a municipal
corporation
2ND & B LP, a California limited partnership
By: 2 nd & B CDP LLC, a California limited
company
Its: Administrative General Partner
By: Community Development Partners, a
California corporation
Its: Sole Managing Member
Alexander Nguyen, City Manager By: Kyle Paine
Its: President
2nd & B MERCY HOUSE CHDO LLC, a
California limited liability company
Its: Administrative General Partner
By: Mercy House CHDO, Inc., a California
nonprofit public benefit corporation
Its: Sole Managing Member
Approved as to form 2nd & B MERCY HOUSE CHDO LLC, a
California limited liability company
Stephen Fisher, City Attorney By: Larry Haynes
Its: Chief Executive Officer
147
A-8310 Amendment 2
1 SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (“Amendment”) is entered into in Ventura County, California, as of _____________, 2024 by and among the CITY OF OXNARD, a municipal corporation (“City”), HOUSING TRUST FUND VENTURA COUNTY, a California nonprofit public benefit corporation (“Trust Fund”) and CDP DEVELOPERS, LLC a California limited liability company (“Developer”), who are sometimes referred to herein as the “Parties” and each a “Party”, with respect to the following facts:

RECITALS
A. WHEREAS, the Parties previously entered into that certain Disposition and Development Agreement dated March 30, 2021 (“Agreement”) and executed the First Amendment to the Agreement on May 19, 2022; and
B. WHEREAS, the First Amendment to the Agreement included an amended and restated Schedule of Performance; and
C. WHEREAS, additional time is needed to complete construction of the Site as defined in the original Agreement.

NOW, THEREFORE, for and in consideration of the foregoing premises, the covenants, representations, warranties and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto do hereby agree as follows:

1. Schedule of Performance. The reference to “Exhibit A” everywhere it is listed in the Agreement is hereby amended to the new “Exhibit A-1.” “Exhibit A” is hereby disincorporated; instead, “Exhibit A-1” is attached hereto and incorporated herein by this reference.

2. Trust Fund is authorized to transfer its fee interest in the Site, and to transfer its rights, title, interest, duties or obligations in the ground lease dated as of June 2, 2022 between Trust Fund and 2nd & B LP, a California limited partnership (“Ground Lease”), to Housing Land Trust Ventura County, a California nonprofit public benefit corporation (“Land Trust”) or to a single-member limited liability company of which the Land Trust or the Trust Fund is the sole member. The parties will work together in good faith to promptly execute, and record against the Site, if applicable, any consents, assignments, amendments, or instruments or documents to memorialize such transfer, including but not limited to any assignment, assumption or amendment of Agreement Containing Covenants dated May 19, 2022, assignment, assumption and amendment of Ground Lease, and amendment to memorandum of such Ground Lease.

3. As amended the Agreement remains in full force and effect. [signatures on following page]
148
A-8310 Amendment 2
2 IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.
“CITY” “TRUST FUND”
CITY OF OXNARD, a municipal
corporation

HOUSING TRUST FUND VENTURA
COUNTY, a California nonprofit public benefit
corporation
By: Alexander Nguyen, City Manager By: Linda Braunschweiger Its: CEO
APPROVED AS TO FORM: “DEVELOPER”
CDP DEVELOPERS, LLC, a California limited
liability company
By: Stephen Fisher, City Attorney By: Kyle Paine
Its: Managing Member
149
A-8310 Amendment 2
3 Exhibit A-1
Amended and Restated Schedule of Performance
*The dates below are approximate dates
2020 Milestone
Receive Design Development Review (DDR) and Lot Line Adjustment (LLA), Density Bonus and Special Use Permit Entitlements
2021
January – Receive Conditional Project Based Voucher Approval January - Submit No Place Like Home (NPLH) Application to the California Department of Housing and Community Development (HCD)
March – Receive City Funding Commitment
June - Receive NPLH Award
August - Submit 4% Tax Credit Allocation Committee (TCAC) Application October - Receive 4% Allocation and Execute the Donation Agreement 2022
June - Close on Construction Financing
June – Execute Ground Lease Concurrently with Close on Construction Financing June – Close on Donation Agreement Concurrently with Close of Constriction Financing June - Begin Construction
2025
First Quarter of 2025 - Construction Completion
Second Quarter of 2025 - Lease‐Up Completion of Permanent Supportive Housing Units Financing and Ground Lease
If the Developer is unable to close on construction financing and successfully negotiate a ground lease by April 2022 with the End Recipient, then Developer must close on construction financing and successfully negotiate a ground lease with the End Recipient by no later than April 30, 2025 or this agreement will automatically terminate in accordance with section 6.2.2 of the DDA. 150
A-8462, Amendment #2

SECOND AMENDMENT TO AGREEMENT TO PROVIDE FINANCIAL SUPPORT

FOR THE CONSTRUCTION AND OPERATION OF A PERMANENT, YEAR-ROUND

SHELTER SERVING HOMELESS INDIVIDUALS
This SECOND AMENDMENT TO AGREEMENT TO PROVIDE FINANCIAL

SUPPORT FOR THE CONSTRUCTION AND OPERATION OF A PERMANENT, YEAR- ROUND SHELTER SERVING HOMELESS INDIVIDUALS (“Amendment”) is entered into in Ventura County, California, as of __________________, 2024 by and among the CITY OF OXNARD, a municipal corporation (“City”), and the County of Ventura (“County”) (City and County each a “Party” and collectively the “Parties”).

RECITALS
A. WHEREAS, the Parties previously entered into that certain Agreement Number A-8462 to Provide Financial Support for the Construction and Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals” on May 17, 2022, (“Agreement”) and First Amendment to this Agreement effective May 17, 2022 (“Amendment #1”); and
B. WHEREAS, the Agreement was executed between the Parties to meet the growing challenge of homelessness by enabling the County to provide the City with financial assistance for the construction of tenant improvements, and operation costs for a permanent year-round shelter for homeless individuals on the bottom floor of the Casa de Carmen mixed-use development Project located at 241 West Second Street, Oxnard, CA 93030 (“Shelter”); and C. WHEREAS, additional time and funding is needed by Mercy House, CHDO Inc. (“Shelter Operator”) to complete the tenant improvements.

1. Additional Shelter related improvement and administrative costs not previously anticipated are required for construction of the Shelter. As such, the last paragraph on the first page of “Exhibit A Tenant Improvements” is hereby deleted in its entirety and replaced with the following: “Tenant Improvements will also include the buildout of the shelter shell, a rooftop deck, grease interceptor, underground plumbing, signage and directories.

Administrative costs required for the tenant improvements will include design costs, insurance, construction oversight services, permits and related fees, and legal fees. Shelter Operator expressly agrees to utilize funds for legal fees solely for the purpose of compensating attorneys for the review of general contractor work related to tenant improvements.”

2. A budget increase is required to complete construction of the Shelter. As such, the Parties wish to amend the budget for “Tenant Improvement Costs” as shown in “Exhibit B” of the Agreement to reflect the new increased budget. The reference to “Exhibit B” everywhere it is listed in the Agreement is hereby amended to the new Exhibit B-1. Exhibit B is hereby disincorporated; instead, Exhibit B-1 is attached hereto and incorporated herein by reference.
151

3. Additional Shelter related improvement and administrative costs are required for construction of the Shelter. The City has agreed to pay for the additional improvement and administrative costs. City’s total contribution to the Shelter’s Tenant Improvement Costs is reflected in the “City Share” section of the new Exhibit B-1 budget. This has resulted in the City paying a larger share of the tenant improvement costs for construction of the Shelter than the County. Therefore, the first sentence in Section 1b of the Agreement “City and County agree to share the costs equally for the Tenant Improvements” is hereby deleted and replaced with “City and County agree to share the costs of Tenant Improvements as shown in the table in Exhibit B-1.”

4. City wishes to increase the principal amount of the PLHA Loan Agreement to pay for the increased cost of constructing the Shelter. The first sentence in Section 1c of the Agreement “County acknowledges that the City shall enter into two loan agreements with the Shelter Operator for a combined sum of $4,746,741” is hereby deleted and replaced with the following language “County acknowledges that the City shall enter into two loan agreements with the Shelter Operator for a combined sum $5,284,308.”

5. Construction and operation of the Shelter will take longer than previously anticipated.

Both Parties wish to amend the end date of the Initial Term of the Agreement, as it is defined in Section 4a of the Agreement, to allow for additional time for the County to disburse funds for operation of the Shelter under the Initial Term. Therefore:
a. In the last sentence in Section 2a of the Agreement, the date “June 30, 2025” is hereby deleted and replaced with the phrase “the end of the Initial Term.” b. In the first sentence in Section 2cii of the Agreement, the date “June 30, 2025” is hereby deleted and replaced with the phrase “the Initial Term.” c. In the first sentence in Section 4a of the Agreement the phrase “and expire on June 30, 2025” is hereby deleted and replaced with the following language “and expire no later than eighteen months after the Shelter becomes operational.”

6. Both Parties wish to amend the Anniversary Date of the Agreement, as it is defined in the second sentence of Section 4a of the Agreement. Therefore, the following language “Beginning July 1, 2025, and” is hereby deleted and replaced with “Beginning July 1, 2026”

7. Additional funding for operation of the Shelter and time for the County to disburse their share of the operational funds will be necessary once the Shelter is completed. As such, the Parties wish to amend the “Budget and County Payment” as shown in “Exhibit C” of the Agreement. Therefore, the reference to “Exhibit C” everywhere it is listed in the Agreement is hereby amended to the new Exhibit C-1. Exhibit C is hereby disincorporated; instead, Exhibit C-1 is attached hereto and incorporated herein by reference.

8. As so amended, the Agreement remains in full force and effect. [signatures on following page]
152
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.

COUNTY OF VENTURA CITY OF OXNARD
Chair of the Board of Supervisors John C. Zaragoza
Mayor
ATTEST: ATTEST:

Deputy Clerk of the Board Rose Chaparro
County of Ventura City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM
County Counsel Stephen M. Fischer
County of Ventura City Attorney
153
EXHIBIT B-1

TENANT IMPROVEMENT COSTS
Description County Share City Share Total
Shelter Shell $844,691 $844,691 $1,689,382
Rooftop Deck $20,806 $20,806 $41,612
Shelter Tenant Improvements $1,548,707 $2,031,781 $3,580,488 Design Costs $109,750 $123,000 $232,750
Construction Oversight $25,000 $25,000 $50,000
Insurance $36,500 $51,500 $88,000
Contingency $258,545 $272,690 $531,235
Land Costs $91,266 $91,266 $182,532
Credit Back to PSH
Development $12,098 $12,098
Total Cost $2,935,265 $3,472,832 $6,408,097
154
EXHIBIT C-1

BUDGET AND COUNTY PAYMENT
Parties expect shelter operation costs to fluctuate over time. Therefore, City and County staff agree to meet and to jointly determine the budget necessary to pay for Shelter operations and one- time onboarding costs inclusive of furnishings, fixings, equipment (FFE) and moving costs prior to completion of the Shelter development. Staff will then recommend to their governing bodies that it pay for fifty percent (50%) of one-time onboarding costs and an operational budget for a period of up to eighteen months.

The requirements specified above are memorialized in both Section 2ci of the Agreement and the Memorandum of Understanding executed between the Parties on April 27, 2021. 155

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Second Amendment to Emergency Shelter and Navigation Center Operating Agreement 32400019.

RECOMMENDATION

That the City Council:

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)

BACKGROUND

Since January 2019, the City of Oxnard has operated a 110-bed, twenty-four hour a day shelter, which provides a safe place to sleep, shelter from the elements, meals, sanitation, and related services for individuals experiencing homelessness, at the former National Guard Armory on K Street. After being operated directly by the Housing Department staff for five months, in June 2019 the City of Oxnard procured the non-profit Mercy House to manage the shelter and navigation center operations.

On December 16, 2019, the City Council approved Agreement Number A-8194 with Mercy House to provide shelter operation services. The Agreement was subsequently amended twice before it expired on June 30, 2022. The City Council has since approved the following Agreements with Mercy House for ongoing shelter and navigation center operations for fiscal years 2022-2023 and 2023-2024:

1. Agreement Number A-8474 for Emergency Shelter and Navigation Center Operating Services was approved on June 30, 2022, and expired on June 30, 2023.

2. Emergency Shelter and Navigation Center Operating Agreement 32400019 (Agreement 32400019) was approved on June 20, 2023 and will expire on June 20, 2024. This approval included the following funding: an amount not- to-exceed $3,228,297; $1,100,000 in General Fund; $1,328,297 in PLHA; and $800,000 in California State grant funds in the amount.

3. Staff processed a First Amendment to Agreement 32400019 to reduce $233,022 in City General Fund funding that was previously allocated for shelter operations under this agreement and replaced that funding with $233,022 in Emergency Shelter Grant-CARES Act (ESG-CV) funds. The ESG-CV funding was approved for this use by the City Council on December 19, 2023. The $233,022 did not increase the overall contract amount of $3,228,297.

DISCUSSION
156

Mercy House remains a committed partner with the City of Oxnard in its mission to serve Oxnard’s homeless population. In order to continue in their effort to provide a high level of service for the City’s homeless population as well as continue to effectively carry out their good neighbor policy, Mercy will need to increase their level of homeless outreach services in the neighboring community. This will necessitate hiring two additional staff members at an additional cost of $14,805.16 from March 20, 2024 through June 30, 2024, which is the remaining amount of time on their Agreement with the City.

In order for the City to provide Mercy House with the additional funding necessary to hire two additional staff members, City staff recommends that the City Council approve the Second Amendment to the City’s existing Agreement 3400019 with Mercy House. This Second Amendment would increase the not to exceed amount of the Agreement from $3,228,297 to $3,243,102.16, update the operating budget, and add the two additional outreach workers to Mercy House’s scope of work.

Additional funds to pay for a budget increase of $14,805.16 under this proposed amendment are available in the City’s Permanent Local Housing Allocation (PLHA) fund. If approved, the funding sources for this Agreement will include the following:

1. General Fund - $866,978 (reflects reduction from the First Amendment)

2. ESG-CV - $233,022 (reflects the addition from the First Amendment)

3. PLHA - $1,328,297 (reflects the request of the subject Second Amendment)

4. Special allocation from the State of California State - $800,000 (same as the original Agreement)

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is sufficient project budget available in the State Housing Grant Fund (220) Permanent Local Housing Allocation to fund the amendment amount of $14,805.16. These funds have already been designated for shelter operation services under the City’s Five-Year PLHA Plan, approved by the City Council on July 21, 2020.

For Finance Use Only. State Housing Grant Fund (Org. 2208101 Obj. 53200) Project G2102.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved the recommendation 3-0 on February 27, 2024.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Second Amendment to Emergency Shelter and Navigation Center Operating Agreement

157
Agreement Number 32400019

SECOND AMENDMENT TO EMERGENCY SHELTER AND NAVIGATION CENTER

OPERATING AGREEMENT
This Second Amendment (“ Second Amendment”) to the Emergency Shelter and Navigation Center Operating 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 Mercy House (“Consultant”). This Second Amendment amends the Agreement entered into on July 1, 2023 and amended on December 19 , 2023, by City and Consultant.

City and Consultant agree as follows:

1. City and Consultant wish to increase the Agreement Budget by $14,805.16 to pay for two full-time staff members to conduct homeless outreach. Therefore, the amount in Section 6 of the Cover Page of the Agreement is hereby amended to “$3,243,102.16”

2. In the Shelter Operations Section of the “Scope of Services Exhibit” t he following language is hereby added “15. Consultant will provide two full -time staff members to conduct homeless outreach in the surrounding neighborhood from March 20, 2024 through June 30, 2024.”

3. The reference to the “Rates and Costs Exhibit” everywhere it is listed in the Agreement is hereby amended to the new Amended Rates and Costs Exhibit . The Rates and Costs Exhibit is hereby disincorporated; instead, the new Amended Rates and Costs Exhibit is attached hereto and incorporated herein by this reference.

4. T he reference to the “ Budget and Reporting Exhibit ” everywhere it is listed in the Agreement is hereby amended to the new the Amended Budget and Reporting Exhibit .

The Budget and Reporting Exhibit is hereby disincorporated; instead, the Amended Budget and Reporting Exhibit is attached hereto and incorporated herein by this reference.

As so amended, the Agreement remains in full force and effect. [Signatures on next page]
IN WITNESS WHEREO F, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD CONSULTANT

John C. Zaragoza Date Larry Haynes Date
Mayor CEO

Pattie Long Date
COO
158

ATTEST:

Rose Chapparo Date
City Clerk

APPROVED AS TO FORM

Stephen M. Fischer Date
City Attorney

159

AMENDED RATES AND COSTS EXHIBIT
Compensation: For the term of this Agreement, City shall compensate Consultant a not- to- exceed total of $3,243,102.16.

Terms of Payment: Consultant shall invoice City $807,074.25 of the operating budget in the beginning of the contract year and flat fee invoices monthly according to the following for the single-site operating costs for all months from July 2023 through June 2024, inclusive.

Consultant will reconcile and provide backup at the end of each quarter.

Operations Budget $3,243,102.16
Advance $807,074.25
Balance $2,436,027.91
Flat Fee Monthly Invoice - July 1, 2023 -February 29, 2024 $201,768.56 Flat Fee Monthly Invoice - March 1, 2024 -June 30, 2024 $205,469.86

160

AMENDED BUDGET AND REPORTING EXHIBIT
Name of Agency: Mercy House
Location Address: 351 South K Street, Oxnard, CA 93030 Project Name: Oxnard Navigation Center
Budget Narrative: Operating costs for FY 2023- 24 will be financed by a combination of PLHA grant funding, Measure O, and State grant funds.

Budgeted Line Items: Total Budgeted Amount Not to Exceed $3,243,102.16 for the purpose of this agreement, the not -to-exceed budgeted amount for Fiscal Year 2023- 2024 shall be $3,243,102.16, consisting of the following elements:

Budget Category Authorized Budget
Shelter Staff $1,464,510.94
Disposal and Utilities $20,000.00
Rentals (showers, laundry and toilet) $300,000.00
Repairs and Maintenance $15,000.00
Cleaning supplies $37,000.00
Fuel and Shuttle Maintenance $30,000.00
Replacement Reserves $6,000.00
Security Guards $420,480.00
Animals and Veterinary $16,000.00
Client Meals $611,283.75
Client Services – Supplies $18,000.00
Client services - Barrier Fund $10,000.00
Admin -General Expenses 10% $294,827.47
Total $3,243,102.16

161

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8

DATE: March 19, 2024

TO: City Council

FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected]

SUBJECT: Pay Equity Policy.

RECOMMENDATION

That the City Council adopt a Resolution approving a pay equity policy.

(This item did not originate in Committee.)

BACKGROUND

The Human Resources Department regularly reviews employee pay rates along with relevant education and work experience. This review is done to: (1) ensure that the City is not in violation of the Equal Pay Act, and (2) to ensure that the City retains employees by paying a competitive wage as compared to other public sector jurisdictions that do similar work. This second reason has only been heightened due to what has been occurring in the employment market over the last few years.

DISCUSSION

Currently, the Human Resources Department does not have any tools available to adjust an employee’s salary when the Department's staff becomes aware of an equity issue. The City’s current hiring practices and promotional practices are such that there has not been a need to adjust an employee’s salary due to an issue under the Equal Pay Act. However, due to conditions in the job market, some employees who began their careers with the City and have over the years been promoted into more senior positions have fallen behind their colleagues who have similar levels of experience working in other public agencies. Many times this is due to those outside candidates having moved between jurisdictions as promotional opportunities have occurred, which has led to those individuals fast tracking both their career experience and their salaries. For the City to remain competitive in both attracting quality candidates and keeping key employees, it needs the ability to adjust current employee pay within their Council-approved salary range.

The Pay Equity Policy in the attached Resolution would give authority to the City Manager and Human Resources Director to increase an employee’s rate of pay as needed to address the issue. The limitation on this authority is that both the City Manager and Human Resources Director must be in agreement of the action, and that the employee’s salary can’t exceed the Council approved pay range for the classification to which the employee occupies.

The City has completed the meet and confer process with all bargaining groups as required by State law. If approved by Council, this policy will be incorporated into the City’s Personnel Rules and Regulations.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a 162
modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

The cost of implementing this resolution will be determined by those instances in which the review process results in an increase in employee pay rates, and will be part of the department’s personnel budget.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. Equity Pay Policy Resolution

2. Equity Pay Policy Exhibit A

163

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING AN

EQUITY PAY POLICY
WHEREAS, in the competitive labor market the City needs the ability retain and attract highly qualified candidates for City employment; and
WHEREAS, to retain and attract quality employment candidates, the City may need to increase the salary of some of its employees so that by hiring from the external labor market the City does not inadvertently violate equal pay laws (e.g., Cal. Labor Code section 1197.5) or otherwise create salary inequities; and
WHEREAS, should the City discover that there exists a salary inequity between employees that could violate the equal pay laws, the City would need to have a tool to quickly resolve the issue; and
WHEREAS, an equity pay policy would authorize staff to take action as needed to address pay equity issues as they arise within the City organization; and WHEREAS, the City has completed its meet and confer obligation with all bargaining units regarding the Equity Pay Policy attached hereto as Exhibit A, as required under the Meyers-Milias- Brown Act.

NOW, THEREFORE, the City Council of the City of Oxnard resolves that the Equity Pay Policy attached hereto as Exhibit A is adopted and the City Manager or designee is directed to perform all acts necessary to implement the Equity Pay Policy on behalf of the City.

PASSED AND ADOPTED THIS 19th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

CITY OF OXNARD PAY EQUITY POLICY

PURPOSE
The purpose of this policy is to establish a process for addressing pay equity within the organization. This policy enables the City to increase an employee’s rate of pay up to the maximum provided within the employee’s classification. With the concurrence of the City Manager, and upon the satisfaction of certain conditions identified below, the Human Resources Director may increase an employee’s salary up to the maximum of the City Council approved salary range to which the employee is assigned.

An increase may be warranted under the following conditions:
●When recruiting or retaining staff in specific functions or with specialized skills due to competitive labor markets;
●When there is salary inequity between employees in similar classifications performing similar job functions; or
●For other legitimate business reasons as determined by the City Manager and Human Resources Director.

QUALIFICATIONS
In order to qualify for an increase, an employee must have:
●Been employed by the City for 12 months and no longer be on probation; ●Be actively working (not on leave);
●Have no discipline within the prior 12 months;
●The above qualifications may be waived at the discretion of the Human Resources Director.

PROCESS
When Human Resource staff become aware that a potential pay equity issue exists, Human Resources shall take the following action:
●Collect and analyze data on all employees in the classification performing similar functions as the employee in question. The data collected may consist of the following:
○Years of relevant work experience performing the same functions; ○Relevant education, including training and certifications; ○Data from competing local agencies for the skills at issue. ●Human Resource may discuss the conclusions of the data collected with the affected employee and department management prior to finalizing a decision and shall notice the affected employee’s bargaining unit.
●Human Resource staff will discuss the decision with the City Manager and obtain his/her concurrence with the final decision.
●The decision once made is final and not subject to appeal. 165

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Sunkist Fire Legislative Subpoenas.

RECOMMENDATION

That the City Council:

1. Direct City staff to investigate the cause of the fire that occurred on March 5, 2024 at the former Sunkist packaging plant located at 245 E. Colonia Rd.; and

2. Adopt a resolution authorizing the Mayor to issue legislative subpoenas related to the City's investigation into the Sunkist Fire.

BACKGROUND

On March 5, 2024, nineteen fire engine companies and four ladder trucks responded to a major fire in Oxnard that began at approximately 10:30 p.m. at the former Sunkist packaging plant located at 245 E. Colonia Road (the "Sunkist Fire").

The Sunkist Fire is considered one of the largest fires in Oxnard’s recent history. Oxnard Fire personnel provided the primary response to the Sunkist Fire, and personnel from Ventura County Fire Department, Ventura City Fire, and the Naval Base’s Federal Fire Ventura County also provided onsite support. The Oxnard Police Department provided traffic control and aerial drone footage to support firefighting efforts.

The cause of the Sunkist Fire is a matter of public health and safety, and as such is of great concern to the City Council. To determine the cause of the Sunkist Fire, the City requires specific documents and may need to compel witnesses to cooperate with investigators by issuing legislative subpoenas.

City Council's Subpoena Power and Procedures
Government Code section 37104 authorizes a legislative body of a city to issue subpoenas to compel witnesses to appear or produce documents in any action or proceeding before that body.

Subpoena Issuance and Procedure
The issuance and service of a legislative subpoena are governed by Government Code section 37105 and Code of Civil Procedure section 1987. The subpoena must bear the signature of the Mayor and be issued by the City Clerk. While not explicitly stated in the statutory framework, it is presumed that the prescribed format for the subpoena mirrors that outlined in Code of Civil Procedure section 1985.

Service of the subpoena adheres to the provisions outlined in Code of Civil Procedure section 1987. In essence, service requires personally delivering a copy of the subpoena to the witness, accompanied by an offer to cover any applicable 166
fees for travel to and from the designated appearance location. In cases where only document production is requested, the estimated production cost must be covered. Service must be executed to afford the witness a "reasonable time" for preparation and travel. Any contravention of the subpoena warrants immediate reporting to the Ventura County Superior Court (the "Court").

Remedies for Non-Compliance
Government Code sections 37105 through 37109 delineate the City’s recourse in the event of non-compliance with a subpoena. Upon failure to adhere to a subpoena, the Mayor is tasked with notifying the Court. Subsequently, the Court issues an attachment to the Ventura County Sheriff, commanding the appearance of the non-compliant individual before the Court. The presiding judge retains the authority to issue a contempt order.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact. If authorized, subpoenas would be issued as needed in the course of the Sunkist Fire investigation.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Stephen Fischer, City Attorney, Jason Zaragoza, Deputy City Attorney, Alexander Hamilton, Fire Chief

ATTACHMENTS

1. Sunkist Fire_ Legislative Subpoenas Resolution_ v2

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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

AUTHORIZING THE ISSUANCE OF SUBPOENAS COMPELLING THE

APPEARANCE AND TESTIMONY OF WITNESSES AND PRODUCTION OF DOCUMENTS RELATED TO THE CITY’S INVESTIGATION INTO THE FIRE

THAT OCCURRED AT THE FORMER SUNKIST PACKAGING PLANT LOCATED AT 245 E. COLONIA RD. ON MARCH 5, 2024
WHEREAS, Government Code sections 37104 et seq. authorize the City Council to issue legislative subpoenas “requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it”; and WHEREAS, on March 19, 2024, the Oxnard City Council directed staff to investigate the cause of a fire that occurred on March 5, 2024 at the former Sunkist packaging plant located at 245 E. Colonia Rd. (the “Sunkist Fire”); and
WHEREAS, certain persons have information pertaining to the Sunkist Fire or possess documents that may aid the City’s investigation of the Sunkist Fire necessitating the issuance of legislative subpoenas (the “Legislative Subpoenas”) to compel production of relevant testimony, information, and documentation that may lead to discovery of evidence relevant to the City’s investigation.

NOW, THEREFORE, the City Council of the City of Oxnard resolves as follows:

SECTION 1. The above Recitals are hereby incorporated into the operative provisions of this Resolution.

SECTION 2. The Mayor may issue the Legislative Subpoenas to aid the City in its ongoing investigation of the Sunkist Fire. The form of the Legislative Subpoenas shall be substantially similar to Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. The Legislative Subpoenas shall be signed by the Mayor and certified by the City Clerk.

SECTION 4. Failure to comply with the Legislative Subpoenas issued pursuant to this Resolution shall subject the subpoenaed parties to the remedies set forth in Government Code sections 37104 et seq. or otherwise provided by law.

SECTION 5. The Mayor, City Manager, City Clerk and City Attorney may take any and all actions necessary to issue, serve, and enforce the Legislative Subpoenas authorized by this Resolution.
///
///
///
168
PASSED AND ADOPTED by the City Council of the City of Oxnard on this 19 th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
John C. Zaragoza, Mayor
ATTEST:
________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen Fischer, City Attorney
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EXHIBIT A

LEGISLATIVE SUBPOENAS
170
IN RE: CITY OF OXNARD LEGISLATIVE SUBPOENA
SUNKIST FIRE (245 E. COLONIA RD.) (Government Code §§ 37104 et seq) SUBPOENA FOR APPEARANCE AND/OR Date:

PRODUCTION OF BUSINESS RECORDS Time:

Place:

TO:

FROM: CITY OF OXNARD

1. On March 19, 2024, the City Council of the City of Oxnard adopted Resolution ______ authorizing the issuance of this subpoena. A copy of Resolution _____ is attached hereto and incorporated herein by this reference.

2. YOU ARE ORDERED by the City Council of the City of Oxnard to produce Documents described in Exhibit 1, attached hereto by no later than _________. To fully comply with this subpoena, you are required to deliver true, complete, legible, and durable copies of the requested Documents described in Exhibit 1 to:

Stephen M. Fischer
City Attorney
300 West Third Street, 100E
Oxnard, CA 93036

3. All Documents produced to the City shall be accompanied by a declaration or affidavit warranting to their authenticity and completeness sufficient to meet the requirements of California Code of Civil Procedure section 2020.430. The City will pay all reasonable documented costs associated with photocopying the requested documents. If costs exceed $500.00, please contact the City Attorney at (805) 385-7483.

4. This subpoena is issued pursuant to California Government Code sections 37104 et seq.

5. Failure to comply with this subpoena will be referred to the Ventura Superior Court for enforcement and is punishable as contempt. Should you have any questions regarding this subpoena please contact: (805) 385-7483.
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Date Issued: ______________

CITY OF OXNARD
BY: _______________________________
JOHN C. ZARAGOZA
MAYOR
ATTEST:

BY: _______________________________

ROSE CHAPARO

CITY CLERK
APPROVED AS TO FORM:

BY: _______________________________
STEPHEN M. FISCHER

CITY ATTORNEY
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1

DATE: March 19, 2024

TO: City Council

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

SUBJECT: Public Hearing on Proposed Solid Waste (Refuse) Rates and Introduction of an Ordinance Establishing New Solid Waste (Refuse) Rates and Fees. (120 minutes)

RECOMMENDATION

That the City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of an ordinance establishing new solid waste (refuse) user rates and fees;

2. Approve the first reading by title only and waive any further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD TO ESTABLISH NEW SOLID WASTE RATES AND FEES FOR CUSTOMER USE AND SERVICE FROM THE CITY’S ENVIRONMENTAL RESOURCES DIVISION; and

(This is a continuation of an item brought to the Public Works and Transportation Committee on November 14, 2023, and to the City Council on December 5, 2023.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Rji7c- Umhgw

BACKGROUND

The City’s Public Works Department Environmental Resources Division (ER) is an enterprise fund operation that provides Municipal Solid Waste (MSW) services to Oxnard residents and businesses, which includes collection, sorting, processing, and disposal for approximately 34,000 residential properties and 5,000 commercial customers (includes apartment buildings) operating six days a week. Services include collecting, sorting, transporting, and transferring material to landfills to foster a clean, safe, and sustainable Oxnard. To provide these services while meeting all Local, State, and Federal requirements, ER:
• Recycles approximately 24,900 tons of material and 22,000 tons of organics (green waste & food waste); • Customers generate approximately 295,000 tons (590,000,000 lbs) of MSW annually; • Has a workforce of 179 essential workers fulfilling 529,443 hours per year; and 173
• Has invested approximately $60 million in capital equipment, facilities, and land including the Del Norte Regional Recycling and Transfer Station and approximately 138 vehicles (109 heavy-duty trucks & 29 small vehicles)

The last time the City Council approved a cost of service analysis for ER was in May of 2012, with a rate increase effective January 2013. Since January 2013 (when accounting for the removal of the Infrastructure Use Fee (IUF) in 2021), the residential rate (96 gallons) has increased from $30.15 to $30.78 per month, and the most popular commercial rate (4-yard/once per week) has increased from $224.81 to $230.86 per month. This represents a 2.1% residential increase and a 2.7% commercial increase over 10 years. However, the consumer price index has increased by 33.9% over that same decade. Separate from rates, service fees (e.g. per ton for disposal of refuse, green waste, construction and demolition, and self-haul disposal rates at Del Norte) increased in FYs 2012/13, 2016/17, 2018/19 for pass-through costs.

Clearly, during the 2010s, City Hall faced challenges marked by a lack of organization following District Attorney investigations into the activities of the prior decade, startling financial audit findings, and frequent turnover in executive staff. At the very least, these issues diverted attention from adhering to best management practices, including the regular review of rates every five years. Moreover, the State imposed numerous unfunded mandates on the solid waste industry, such as mandatory recycling and organics recycling waste programs. These mandates necessitate significant capital investment and operational costs, aspects not fully considered in previous rate studies.

Based upon the Fiscal Year 2023/24 cost-of-service study, the ER division expenditures are anticipated to materially outpace revenues resulting in a negative ending cash balance no later than Fiscal Year 2024/25 without any rate increases.

The combination of minimal rate increases, unfunded State mandates, elevated inflation, and the need for significant capital investment to replace and rehabilitate assets is expected to result in a growing structural deficit.

Dependable and efficient solid waste services play a crucial role in safeguarding public health, safety, and the overall welfare of the community. As previously mentioned, without a rate adjustment, the cost-of-service study anticipates negative cash balances by Fiscal Year 2024/25. Staff has presented initial rate increase scenarios for deliberation and consideration. Each scenario considered variations in key assumptions, including the timing and level of rate revenue adjustments, capital spending, and proposed debt issuances. In alignment with the City staff's guidance, various sensitivity analyses were conducted, exploring potential impacts such as no rate adjustment or no capital spending, among other factors.

Cost of Service Study

In August 2022, the City authorized Raftelis, the City’s Consultant, to perform a solid waste cost of service analysis and rate study to develop the cost of service-based solid waste rates. Raftelis is recognized as a leading rate consultant in California and works with utilities to design solid waste rates to achieve financial balance and maintain financial sustainability.

Following industry best practices, rates are intended to cover service costs, establish adequate reserves, and necessitate a cost-of-service study every 3-5 years. This study is crucial for evaluating operational effectiveness, confirming the sufficiency of existing rates, and charting a sustainable financial path for solid waste operations. The last Environmental Resources (ER) Study took place in 2012 and was implemented in 2013. Given changes in the solid waste industry and the evolving landscape over the past decade, it's imperative to adapt to rising costs, unfunded State mandates, and the implementation of essential capital projects vital for customer health and safety.

Regular studies offer transparency into future expectations, ensuring financial resources for infrastructure maintenance, managing vehicle and equipment capacity, adopting new technologies, complying with state and federal regulations, and executing the capital improvement program (CIP). The study serves as a vital tool in developing rates that cover the cost of service along with appropriate reserves.

Updating solid waste rates to align with the escalating costs of service delivery is essential for sustaining the financial health of solid waste funds. This includes maintaining reserves for emergencies, adhering to applicable bond covenants, meeting debt coverage ratios, and securing strong credit ratings.

174
Preliminary Analysis

At the December 5, 2023, City Council meeting, staff and Raftelis provided several possible rate change scenarios for Council's consideration and input. The City Council provided their feedback and recommended Scenario 3: Rate Adjustments and Full Capital Expenditures. Scenario 3 fully funds the projected revenue requirements with greater near- term rate adjustments but lower overall increases over the five-year rate adjustment period compared to other scenarios (see Attachment 5, December 5, 2023 staff report with additional information about the scenarios presented to the City Council). Public Works staff proceeded with the City Council’s recommendation and directions as follows:

1. Scenario 3, projects all funding requirements, including operating, capital, and proposed capital lease and debt payments. The key assumptions include:

i. Fiscal Year 2023/24 Served as the baseline for the Rate Study Period as adjusted for actual operating results and known cost increases;

1. The operating expense growth is estimated at 4.2% per year; ii. Assumes some additional collection routes to maintain regulatory compliance with AB1826, AB827, SB1383, and regular service demands;
iii. Assumes Infrastructure Use Fee (IUF) repayments from the City to ER end in Fiscal Year 2023/24; iv. Assumes resumption of IUF payments in Fiscal Year 2024/25 to the City; v. $40.7M reinvestment to MRF including new equipment and roof Fiscal Year 2025/26 - Fiscal Year 2027/28 vi. Replacement of vehicles at end of life in Fiscal Year 2024/2025 vii. Compliance with CARB Zero Emissions Vehicle Requirements

1. Primarily relies on the use of capital leases and debt to fully fund capital expenditures viii. Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance, and;

2. Proceed with creating and sending the required Proposition 218 notices to all solid waste customers and property owners.

3. Target a rate-setting public hearing and the introduction of a new ordinance containing the proposed solid waste rates at the City Council meeting on March 19, 2024.

4. Plan on adopting the Ordinance at the City Council meeting on April 16, 2024.

Public Works staff provided an update on the Prop 218 process at the Public Works and Transportation Committee on February 27, 2024, and the City Council on March 4, 2024.

DISCUSSION

Proposed Rate Change - Overview

During the December 5, 2023, Council discussion about rates, staff reiterated that they were preliminary, with actual rate changes for individual customers dependent on the final cost-of-service analysis. The cost-of-service has now been completed and is available online at: www.oxnard.org/refuserates

TABLE 1. Proposed Five-Year Residential/Commercial Rates

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The cost of service study is also attached to this staff report (Attachment 4). The report provides three primary objectives:

1. Develop a financial plan for the ER Fund to ensure financial sufficiency, meet operations and maintenance costs, provide funding for capital replacement and renewal (R&R) needs, and improve the enterprise's financial health;

2. Review the current rate structure for the ER Fund and propose recommended changes based on the cost of service; and

3. Perform a cost allocation and prepare a recommended five-year schedule of rates and fees for the ER Fund.

Furthermore, the City has adopted Resolution Number 14,877 (adopted in 2015), which outlines the procedures for establishing and increasing fees and charges under Proposition 218 (Attachment 2). The proceedings for any solid waste rate increase will be consistent with the requirements outlined in this Resolution.

Rates and Fees

ER operates as an Enterprise Fund, signifying that the rates and fees for services must encompass the costs involved.

When identifying the City's rates and fees, the cost-of-service study makes a distinction – "rates" pertain to charges subject to Proposition 218 requirements, whereas "fees" relate to optional services not bound by Proposition 218 requirements. The suggested five-year rate schedule was formulated considering the cost-of-service allocation and rate structure, detailed extensively in Section 5 of the cost-of-service study. The proposed rate and fee structure revises the current rate structure and incorporates new service-level offerings including:

1. Combining single-family and multifamily 3-cart curbside service into a single class of service, recognizing that the service is the same for both classes. The City offers two (2) refuse service levels at 64-gallon and 96-gallon to meet the needs of smaller and larger household sizes;

2. The single-family 3-cart curbside service rate includes an IUF payment. If the City is precluded from charging an IUF, then staff will bring an amendment to the rate ordinance for Council's consideration that will reduce this monthly service rate.

3. Creation of a mobile home class of service and rate for 3-cart service that mirrors the standard residential 3-cart rate structure, which has been reduced by approximately 8% to reflect the exclusion of IUF payments; which does not apply to mobile home parks;

4. Addition of new commercial bin/container size service offerings of 1 cubic yard through 4 cubic yard organic bin collection and disposal service;

5. Separation of the commercial rate structure for recycling and green waste. While the City has very few commercial green waste bin service customers, the collection costs for recycling and green waste are equivalent, however, due to differences in the disposal costs separation of the rate structure for these services is warranted;

6. Simplifying the commercial and industrial rate structure for roll-off service, by charging a single “pull rate” for all customers regardless of bin size. In conjunction with this rate structure change, an additional bin rental fee is recommended and this fee will vary based on the size and cost of the bin. Disposal costs will continue to be based on the actual weight of material disposed of at the applicable tip fees proposed in the revised rate structure. This rate structure would also apply to and replace the City’s current commercial bin rental service fee structure for roll-off service where bins exceed 4 cubic yards;

7. Addition of new tip fees at the Del Norte facility for single-stream recyclables and organics. The recycling tip fee only applies to customers who do not currently pay a monthly collection rate for collection service within the City;

8. 1 and 3 cubic yard bins available for qualified commercial customers; and

9. One free curbside bulky item pick up per residential customer per year (up to five bulky items)

Existing Rates and History

The City Council approved a cost of service analysis last in May 2012, resulting in rate increases effective January 2013.

The authorized increases and decreases noted in Table 2 below cumulatively represent a 2.1% increase in residential rates and a 2.7% increase in the most popular commercial rate since the last Study was approved and implemented in January 2013. However, the consumer price index has increased by 33.9% over that same decade. The following tables provide the rate history for a residential customer (96-gallon cart):
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TABLE 2.

Date Oct
2012
Jan 2013 Mar 2013 Jan
2014
Jan
2015
Jan
2016
Jan 2017
Residential Rate (96-
gallon)
$29.86 $30.15 $31.03 $31.03 $31.03 $31.03 $31.34
Total Change 0.0% 1.0% 2.9% 0.0% 0.0% 0.0% 1.0%
Notes Rate
Increase
Pass-
Through
Pass-
Through

TABLE 2 (cont.)
Date (cont.) Jan 2018 Jan 2019 Jan 2020 Jan 2021 Jan 2022 Jan 2023 Residential Rate
(96-gallon)
$31.88 $31.88 $31.88 $30.78 $30.78 $30.78
Total Change 1.7% 0.0% 0.0% -3.5% 0.0% 0.0%
Note Pass-
Through
IUF Reduction

Chart 1 shows the history of residential rates since 2012. The graph also includes a benchmark scenario, if rates were theoretically increased annually by the CPI (Los Angeles-Long Beach-Anaheim, California) at a minimum.

CHART 1

Note: Residential rates increased in FY 12-13, FY 16-17, FY 18-19, and decreased in FY 21-22, reflecting the IUF 177
reduction.

Financial Challenges

The City's foremost financial objective for its utility enterprises is to ensure that revenues generated from rates and fees are substantial enough to cover daily operations, maintenance, capital improvements, debt service, and reserves. These funds are allocated for a range of purposes, including operations, maintenance, repairs, debt payments, reserve levels, infrastructure costs, and capital improvement projects. Additionally, to uphold appropriate services and reliability, the City must adhere to environmental regulations and unfunded State mandates that impact operating costs.

Environmental Resources (ER) encounters numerous challenges, both from ongoing and emerging unfunded Local, State, and Federal mandates. Additionally, challenges encompass factors beyond the City's control, such as escalating costs of contract labor, fuel, and disposal. There are also challenges arising from post-pandemic effects, including supply chain restrictions leading to increased costs for supplies and equipment. Another obstacle is the aging vehicles, equipment, and infrastructure that demand constant maintenance and repairs.

State Unfunded Mandates

Several recycling and composting laws took effect that had major financial and operational impacts on the solid waste collection system:

1. AB 341 Mandatory Commercial Recycling (MCR) – Adopted into California Law in 2012 and requires businesses that generate four or more cubic yards of commercial waste per week and multi-family complexes with five or more units to self-haul or subscribe to recycling services.

2. AB 1826 Mandatory Commercial Organics (MORe) – Effective January 1, 2016, and phases in the number of businesses and multi-family dwellings that are required to subscribe to commercial organic collection service.

3. AB 827 – Effective July 1, 2020, and expands upon requirements of MCR and MORe to include mandatory recycling and organics carts for businesses at the “front of house” (i.e. portion of the business open to the public) to collect waste generated by customers from products they purchase and consume on the premises.

4. SB 1383 Short-Lived Climate Pollutants (Organics Recycling) – Effective January 1, 2022, and requires jurisdictions to provide organic waste collection services to all residents and businesses so that they may divert all organic waste to a compost program.

Inflation

Of significant importance is that the cost to operate a full-service solid waste operation is not immune to inflation. As noted above, the industry has observed significant increases in the cost of solid waste collection, operations, and disposal.

The U.S. Bureau of Labor Statistics measures garbage bill increases nationally through a subcomponent to CPI in the Garbage and Trash Index (G&T). The Garbage and Trash Index has increased by 20% since 2020. Raftelis calculated a weighted Producer Price Index (PPI) of the cost inputs to garbage collection service and estimated cost increases may be closer to 40% since 2020 due to labor, capital cost, and fuel cost increases, see Chart 2:

CHART 2
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As noted earlier, the City’s previous solid waste cost of service analysis was last completed in 2012. Costs for goods and services have increased since that year and continue to do so while the refuse utility rates have only slightly changed (2.1% increase in residential rates and a 2.7% increase in the most popular commercial rate). In addition, recent State unfunded mandates have increased the costs of operations to avoid penalties and/or non-compliance actions by the State.

This has led to a structural deficit and impacts ER’s financial stability. Without a rate increase, the draft rate model shows a negative fund balance in Fiscal Year 2024/25 and continues in the years to follow, eventually operating at a loss and running in a deficit, see Chart 3:

CHART 3

Note: FY 22-23 Cash Balance base is unaudited and FY 23-24 and beyond are estimates and subject to change.

Aging Infrastructure and Equipment

As mentioned earlier, ER manages an annual load of over 590 million pounds of municipal solid waste. This substantial task necessitates a considerable amount of equipment and infrastructure. ER operates a fleet of 138 vehicles, which includes 109 large heavy-duty trucks. In addition, the Material Recovery Facility (MRF) accommodates sorters and other equipment associated with recycling. The sorting equipment, crucial for the facility's six-day-a-week operations, is currently 27 years old and requires ongoing maintenance to efficiently handle recycling, green waste, food waste, and residual trash from residential, commercial, and industrial customers.

Furthermore, the MRF building itself is also 27 years old and serves as the housing for the ER's administrative staff, 179
conveyors, walking floors, and sorting equipment. The MRF needs significant improvements, including the installation of a new roof. Here are some examples of operating and capital costs to address this aging equipment and infrastructure:
• Average annual maintenance cost for trash truck (front-end loader) can range from $19,000-$40,000 • Current price of a new trash truck (side-loader) is $339,053 (Purchase of zero-emission vehicles is expected to cost up to 200% more than the current price of a new CNG refuse vehicle) • Estimated roof replacement costs: $7.5 million
• Annual maintenance and repairs costs for sorting equipment (we have 31 sorting belt lines made up of conveyors, walking floors and one bailer) which can cost between $250K to $1.5M per repair • Estimated cost for a like-for-like replacement of the MRF is over $3 million (this estimate can fluctuate with the price of steel, metal, inflationary factors, and the consumer price index)

Operational Efficiency Efforts

The ER staff is entrusted with managing enterprise funds based on an annual budget approved by the City Council. The City is committed to investing in meeting local, state, and federal regulations, ensuring safe and reliable solid waste collection services, and providing excellent customer service to residents and businesses. ER has made significant investments totaling approximately $60 million to the Material Recycling Facility (MRF) at Del Norte Regional Recycling and Transfer Station and has acquired Compressed Natural Gas (CNG) automated collection refuse vehicles, replacing older vehicles to enhance efficiency and reduce costs.

ER staff actively engages with residents and businesses, disseminating information about recycling programs and new organic recycling laws through various channels, including social media, billing inserts, radio broadcasts, and special events. Outreach and education staff are available to assist residents and businesses by providing information on recycling and mandated programs.

While striving for efficiency and cost-effectiveness, the City requires rates that accurately reflect the actual cost of providing services. Customers in Oxnard pay a lower per-person rate for refuse service compared to residents in nearby cities. The current average rate per person for trash service is compared with other agencies in Table 3:

TABLE 3
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Rate Study Goals

The cost-of-service study identifies the necessary revenue adjustments and the total amount required from rates and fees to meet the cost of service over time. This revenue encompasses operating and maintenance (O&M) expenses, debt service, capital expenses, and reserve funding. The adjustments represent the average rate increase for the City, with individual customer rate changes contingent upon the specific cost of service analysis.

The study incorporates rates and fees designed to foster and maintain a financially sustainable utility. To guide this process, staff, in collaboration with Raftelis, established several goals in developing preliminary rate options. These goals play a crucial role in identifying items that influence rates, such as a reserve fund balance target or Capital Improvement Program (CIP) projects. In essence, the overarching goals aim to ensure a secure, dependable, and sustainable solid waste service. Specific goals include:

1. Cover Operations and Maintenance Costs (O&M) - (G1)

2. Cover Capital Investments - (G2)

3. Legally Compliant - (G3)

4. Promote Financial Viability - (G4)

5. Community Values - (G5)

6. Provide Fairness and Equity - (G6)

Input and Considerations

The cornerstone of the study and the primary objective of the solid waste rates are to reasonably recover the costs associated with providing services, the investment in infrastructure, address known State unfunded mandates, and adhere to the covenants of internal and external fiscal targets, commonly referred to as the "Revenue Sufficiency" evaluation.

Ensuring adequate cash reserves and maintaining appropriate cash flows generally leads to a sustainable long-term financial plan. This plan can help mitigate the financial and operational risks stemming from unexpected or sudden events 181
affecting financial operations, such as changes in market conditions impacting operations and revenue from recovered materials, reduced growth or tonnage, unforeseen or extraordinary expenses, unfunded mandates, and more. The identified revenue requirements to be funded from rates are then allocated based on the type and level of service.

To assess the sustainability of the City’s charges for service, Raftelis developed a financial model capable of forecasting solid waste operations over a ten-year Rate Study Period but with the recommended rate revenue adjustment period comprising the Fiscal Years 2024/25 through 2028/29. By forecasting operations over this period of time we can capture funding requirements that may not be annually occurring, test sensitivity to potential changes in operations or costs, and examine projections of cash reserves and net revenue margins to evaluate compliance with fiscal policies. Performing a thorough evaluation of the City’s funding requirements allows us to provide sound rate recommendations to help ensure the City has sufficient resources to fund operations and achieve its objectives. The following provides a brief overview of the key activities performed for the Study:

1. An evaluation of the service area requirements for the City was performed. This included a review of recent historical customers served and corresponding waste generation such that: i) a representative forecast of the Division’s needs from a financial standpoint could be prepared, and ii) a projection of rate revenues consistent with the projected service area needs could be developed.

2. Raftelis, with the support of City staff, analyzed a projection of the Net Revenue Requirements from rates and fees, which equates to the expenditure requirements funded from rates and fees. An illustration of the components that make up the Net Revenue Requirements is summarized below:

+ Cost of Operation and Maintenance
+ Debt Service (Vehicle Leases)
+ Indirect Cost Allocation and Administration Payments + Capital Funding Requirements
+ Deposits to Reserves for Policy Compliance and Future Expenditures – Other Operating Revenue
– Interest Income / Transfers from Operating Reserves = Net Revenue Requirements (Funded from Rates and Fees)

3. The annual cost of providing solid waste service to City customers was determined by identifying the gross revenue requirements, netting out all other applicable revenues resulting in a net revenue requirement to be funded from the respective fees. The applicable equivalent unit billing determinants, as presented within the cost of service analysis of the report, were used to determine the unit cost of service presented in the final report.

4. Based on the identified funding requirements and the cost of service associated with providing service over the Rate Study Period, provide rate recommendations to ensure adequate funding for the City’s needs and meet the City’s rate goals and objectives.

The following items in Table 4 were key components of developing the rate study and have a direct influence on the actual rates. These were discussed and confirmed with the City Council at the December 5, 2023, City Council meeting.

TABLE 4

Factor Staff Recommendation Justification Goal(s)

1. Rate Study
Period
5-year period Industry standard; long-range planning;
fairness of rates; ensures planned operations
and mitigates deferred maintenance
G6

2. Pass-Through
Charge (to the
extent allowed
by State Code)
Include a pass-through for fees
as allowed by California
Government Code 53736
Avoids over or underestimating factors outside
the City’s control (e.g. disposal fees from
third-party vendors)
G4,
G5,
G6
182

3. Capital
Improvement
Program (CIP)
and Capital
Outlay
Implement over an extended
period to smooth rates; leases
extended to 7 years, CIP over
20 years
Allows for CIP projects at a pace within
existing resources; ensures an operable and
safe facility; safe and reliable equipment and
vehicles
G2, G4

4. Reserve Fund
Balance Target
Endeavor to maintain 25% (per
Resolution 15595)
Consistent with City Council Resolution;
provides a funding source for emergencies and
bond covenants (if/when required) and strong
credit ratings
G1, G4,
G5

5. Debt Coverage
Ratio (when
applicable)
Ensure funding of annual debt
service and capital lease
payments
Ensures the City is not in default of debt/lease
repayment obligations
G4, G5

6. Rate Study
Period
5-year period Industry standard; long-range planning;
fairness of rates; ensures planned operations
and mitigates deferred maintenance
G6

7. Pass-Through
Charge (to the
extent allowed
by State Code)
Include a pass-through for fees
as allowed by California
Government Code 53736
Avoids over or underestimating factors outside
the City’s control (e.g. disposal fees from
third-party vendors)
G4,
G5,
G6

8. Capital
Improvement
Program (CIP)
and Capital
Outlay
Implement over an extended
period to smooth rates; leases
extended to 7 years, CIP over
20 years
Allows for CIP projects at a pace within
existing resources; ensures an operable and
safe facility; safe and reliable equipment and
vehicles
G2, G4

9. Reserve Fund
Balance Target
Endeavor to maintain 25% (per
Resolution 15595)
Consistent with City Council Resolution;
provides a funding source for emergencies and
bond covenants (if/when required) and strong
credit ratings
G1, G4,
G5

10. Debt Coverage
Ratio (when
applicable)
Ensure funding of annual debt
service and capital lease
payments
Ensures the City is not in default of debt/lease
repayment obligations
G4, G5

The cost of service study has evaluated and considered all revenues from both rates and fees, among other revenues.

Financial Assistance Programs

The City of Oxnard’s Utility Rate Assistance Program “Project Assist” is available for solid waste, water, and wastewater utility customers who qualify. This program was initially approved by City Council in May 2017 and has since been renewed annually. Project Assist grants financial relief equal to a monthly $25.00 maximum credit per utility bill charged to customers who meet the eligibility requirements. For Fiscal Year 2023/24, staff requested to direct $241,500 from late penalty revenues to the Project Assist Program. The $241,500 allocation estimates that approximately 805 eligible utility customers could participate in the program for a full fiscal year.

Proposition 218 and Outreach Information

Requirements for Prop 218 and Timeline:

1. Proposition 218 has strict rules that govern the revenue of the solid waste utility 183

2. An agency cannot collect revenue beyond what is necessary to provide the service.

3. Revenues derived from the charge shall not be used for any purpose other than that for which the charge was imposed.

4. The amount of the fee may not be used for any other purpose other than that for which the change was imposed.

5. The amount of the fee may not exceed the proportional cost of service for the parcel.

6. No charge may be imposed for a service unless that service is actually used or immediately available to the owner of the property.

7. A written notice of the proposed charge shall be mailed to the record owner of each parcel at least 45 days before the public hearing when the agency considers all written protests against the charge.

In 2015, the City adopted Resolution Number 14,877 which outlines the procedures for establishing and increasing fees and charges under Proposition 218 (Attachment 3). The proceedings for the proposed solid waste rate increase are consistent with the requirements outlined in this Resolution.

In accordance with Proposition 218 and City Resolution 14,877, the City mailed Proposition 218 notices to both parcel owners and solid waste account holders. Attached is a copy of the Proposition 218 notice. Should the number of written protests received before the close of the Public Hearing on March 19, 2024, be 50% or higher, the rate proceedings shall not continue and the City Council is prohibited from increasing solid waste rates. Should the written protests received be less than 50%, the proceedings may continue for the Council’s consideration of a rate increase.

In addition to the required notification listed above, the City has created a multi-faceted outreach campaign to raise awareness of the Refuse Cost of Service Study, which included City Council and Community meetings. The meetings were as follows:

1. November 14, 2023, Public Works and Transportation Committee

2. November 15, 2023, Community Meeting at South Oxnard Center

3. December 5, 2023, City Council Meeting

4. December 13, 2023, Community Meeting at City Council Chambers

5. January 30, 2024, Community Meeting at City Council Chambers

6. February 27, 2024, Public Works and Transportation Committee

7. February 29, 2024, Community Meeting at South Oxnard Center

8. March 4, 2024, City Council Meeting

9. March 6, 2024, Inter-Neighborhood Council Organization Meeting

Staff distributed press releases before the Community Meetings and Public Hearing; ran English and Spanish social media ads on Facebook and Instagram; and published two bilingual print ads in VIDA newspaper to inform residents and stakeholders. Paid outreach was supplemented by including Refuse Cost of Service Study Community Meeting flyers in the neighborhood weekly packets and regularly posting on Nextdoor, Twitter, Facebook, and Instagram. Staff and Raftelis also created an informational Rates 101 and ER Operational and Services video in English and Spanish, that will be shared on the City's website, YouTube, and via the City’s social media channels.

CEQA Exemption

The California Environmental Quality Act (CEQA) does not apply to the solid waste rate ordinance because the ordinance establishes, modifies, structures, and/or restructures the City's rates and other charges for solid waste use and related services.

Public Resource Code section 21080(b)(8) in conjunction with Title 14, Chapter 3 of the California Code of Regulations section 15273, exempts solid waste rate modifications when the establishment and modification of rates are for the following purposes: (1) meeting the solid waste utility's operating expenses, including employee wages and fringe benefits; (2) Purchasing or leasing supplies, equipment, and materials; (3) meeting the ER Fund's financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain solid waste service within the existing service areas. The proposed solid waste rate increases and adoption of a solid waste rate ordinance is covered by the general rule that CEQA applies only to projects that will have a significant effect on the environment. There is no possibility that the proposed solid waste rate increases and passage of the solid waste rate ordinance will have a 184
significant effect on the environment and adoption of this ordinance is exempt from CEQA. (Public Resource Code section 21083).

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Requesting a solid waste rate increase is taking the necessary steps to improve the financial performance. To strengthen the solid waste system’s financial standing, rates must be increased. As noted above, to provide revenue that will meet sustainable critical operations and maintenance, and fund capital expenditures, a corresponding rate adjustment is recommended. Absent an increase in rates, significant decreases to the solid waste operations, deferring of maintenance items, and ceasing critical capital projects will need to be considered.

COMMITTEE OUTCOME

This is a continuation of an item brought to the Public Works and Transportation Committee on November 14, 2023, and to the City Council on December 5, 2023.

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. Ordinance For Solid Waste Rates and Fees

2. Oxnard-Solid-Waste-Proposition-218-Notice

3. Oxnard-ER-Cost-of-Service-Study-Report

4. Reso-14877

5. December 5, 2023 City Council Staff Report

6. Presentation

185
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

TO ESTABLISH NEW SOLID WASTE RATES AND FEES FOR
CUSTOMER USE AND SERVICE FROM THE CITY’S

ENVIRONMENTAL RESOURCES DIVISION
WHEREAS, solid waste rates and fees have been set forth and implemented through an uncodified ordinance, specifically Ordinance No. 2861, effective October 18, 2012; and WHEREAS, the City desires to codify solid waste rates and fees by creating a new Division in Chapter 19 of the Oxnard City Code and require that the City Council establish by ordinance the rates charged for all solid waste services supplied by the City; and WHEREAS, the Environmental Resources Division of the Public Works Department operates as a self-supporting enterprise fund that depends upon revenues derived from solid waste services to City customers; and
WHEREAS, on the 18th of October 2012, the City Council adopted uncodified City Ordinance No. 2861, establishing the current rates and charges applicable to City solid waste service customers; and
WHEREAS, Ordinance No. 2861 contains certain non-property related fees that will be codified in this current ordinance without an associated increase to those fees; and WHEREAS, the City's Public Works Department completed a Cost of Services Study, dated January 24, 2024 (Rate Study). The Rate Study assesses the Environmental Resources Division’s operation, maintenance, repair, replacement, and capital improvement program budgets and requirements, through a cost of service analysis and report, which collectively are incorporated into the recommended rates and fees provided in this ordinance, so that the proportional cost of providing solid waste service to the City's customers are allocated appropriately and in conformity with all applicable legal requirements. The Cost of Service Report and all the studies, plans and documents relied upon and incorporated in the Report provide the basis for the rates, charges and fees set forth herein; and WHEREAS, the City’s solid waste services includes but is not limited to refuse, recycle and green / organics waste service types to residential, commercial and industrial customers within City limits; and
WHEREAS The proposed rates and certain fees displayed as effective beginning July 1, 2024, show the authorized rates applicable July 1, 2024 and continuing through June 30, 2029; and
WHEREAS, Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines provide that CEQA does not apply to the establishment or modification of public agency rates and other charges which the public agency finds are intended for certain purposes.
186
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD
DOES HEREBY FIND AS FOLLOWS:

1. CEQA does not apply to this ordinance because this ordinance establishes, modifies, structures and restructures the City's rates and other charges for the following purposes:
a. Meeting the environmental resources utility's operating expenses, including employee wages and fringe benefits;
b. Purchasing or leasing supplies, equipment, and materials; c. Meeting the Environmental Resources Fund's financial reserve needs and requirements; and
d. Obtaining funds for capital projects necessary to maintain solid waste / refuse service within the existing service areas.

2. The basis for the foregoing claim of exemption is found in the Rate Study.

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

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

Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Parts 3 through 6 of this Ordinance to Chapter 19, Article II as set forth below.

Part 3. Article II of Chapter 19 of the Oxnard City Code is hereby amended to add “DIVISION 7. RATES AND FEES.”
Part 4. SEC. 19-202 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:
“SEC. 19-202. SOLID WASTE RATES AND FEES.”
(A) The rates charged for all recurring property related solid waste services provided by the city shall be established by ordinance of the city council. Each customer receiving solid waste service is liable for payment for such service at the scheduled rates established herein. (B) The fees charged for special collection services provided by the city shall be established by ordinance or resolution and shall be incorporated into the city’s master fee schedule. Each customer that requests special collection services is liable for payment for such service at the stated fee(s) as established herein, or by resolution, and as listed on the master fee schedule. 187
Ordinance No.

Page 3 of 33 ends

(C) The City Manager or designee may adopt administrative regulations for solid waste services provided pursuant to this division and for purposes of ensuring City wide compliance with State and CalRecycle requirements.
(D) Customer bills for solid waste services subject to this Division shall be computed on a monthly basis according to the rates then in effect, the level of service and frequency of service, and any one-time fees for additional requested services. Customer billings are also subject to sections 19-182 through 19-185 in Division 3 of this Article.

Part 5. SEC. 19-202 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:
“SEC. 19-203. MONTHLY SOLID WASTE RATES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS.”
The Rates for solid waste services shall be established by ordinance and the rates provided by the City are established and effective during the dates indicated, as follows:
(A) RESIDENTIAL MINIMUM SERVICE REQUIREMENTS. Single Family Dwellings, Single Family Dwellings with less than three units, and Mobile Homes shall each receive a 96-gallon refuse container, a 96 gallon recycle container, and a 96 gallon green / organics waste container that will be serviced once a week. The minimum service requirements for residential and mobile home type dwellings listed herein shall be a 64-gallon refuse container, a 96 gallon recycle container, and a 96 gallon green / organics waste container that will be serviced once a week. Each residential service includes one curbside bulky item collection (up to five household items) per year at no additional charge. (1) MONTHLY RESIDENTIAL RATES FOR SOLID WASTE, RECYCLING, ORGANICS / GREEN WASTE 3-CART SERVICE.

Service
Type
Frequency Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
3 Cart
Service/
64-gallon
1x week $39.33 $43.23 $45.48 $46.83 $47.12
3 Cart
Service/
96-gallon
1x week $47.41 $52.11 $54.83 $56.46 $56.89
Extra 96
Gallons
Cart
1x week $24.45 $26.88 $28.28 $29.13 $29.41
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Service
(2) MONTHLY RESIDENTIAL MOBILE HOME RATES FOR SOLID WASTE, RECYCLING, ORGANICS / GREEN WASTE 3-CART SERVICE.

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
3 Cart
Service/
64-gallon
1x/week $36.06 $39.63 $41.69 $42.93 $43.16
3 Cart
Service/
96-gallon
1x/week $43.45 $47.76 $50.25 $51.74 $52.10
Extra 96
Gallons
Cart
Service
1x/week $22.41 $24.63 $25.92 $26.70 $26.96
(B) MULTI-FAMILY RESIDENTIAL AND COMMERCIAL MINIMUM SERVICE REQUIREMENTS. All multi-family residential properties are required to have refuse, recycle, green and organics waste service on a weekly basis with a bin size appropriate for the property based on the services and rates stated in the subsections below. (1) MONTHLY SOLID WASTE SERVICE RATES FOR MULTI-FAMILY
RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $57.69 $63.44 $66.77 $68.77 $69.67
1 cu yd bin 2x/week $115.20 $126.71 $133.36 $137.35 $139.22 189
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1 cu yd bin 3x/week $172.72 $189.98 $199.95 $205.94 $208.76 1 cu yd bin 4x/week $230.24 $253.25 $266.54 $274.53 $278.31 1 cu yd bin 5x/week $287.75 $316.52 $333.13 $343.12 $347.86 1 cu yd bin 6x/week $345.27 $379.78 $399.72 $411.70 $417.41 1 cu yd-
shared
1x/week $28.84 $31.72 $33.38 $34.38 $34.83
1 cu yd-
shared
2x/week $57.60 $63.36 $66.68 $68.68 $69.61
1 cu yd-
shared
3x/week $86.36 $94.99 $99.97 $102.97 $104.38
1 cu yd-
shared
4x/week $115.12 $126.62 $133.27 $137.26 $139.16
1 cu yd-
shared
5x/week $143.88 $158.26 $166.56 $171.56 $173.93
1 cu yd-
shared
6x/week $172.63 $189.89 $199.86 $205.85 $208.70
1 cu yd-
compactor
1x/week $83.23 $91.54 $96.34 $99.23 $100.56
1 cu yd-
compactor
2x/week $166.29 $182.91 $192.51 $198.28 $200.99
1 cu yd-
compactor
3x/week $249.35 $274.28 $288.67 $297.33 $301.43
1 cu yd- 4x/week $332.41 $365.64 $384.83 $396.37 $401.86 190
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compactor
1 cu yd-
compactor
5x/week $415.48 $457.01 $481.00 $495.42 $502.30
1 cu yd-
compactor
6x/week $498.54 $548.38 $577.16 $594.47 $602.73
2 cu yd 1x/week $115.25 $126.77 $133.41 $137.41 $139.22 2 cu yd 2x/week $230.29 $253.30 $266.59 $274.59 $278.31 2 cu yd 3x/week $345.32 $379.84 $399.77 $411.76 $417.41 2 cu yd 4x/week $460.35 $506.37 $532.95 $548.94 $556.50 2 cu yd 5x/week $575.38 $632.91 $666.13 $686.11 $695.60 2 cu yd 6x/week $690.42 $759.45 $799.31 $823.29 $834.69 2 cu yd-
shared
1x/week $57.63 $63.38 $66.71 $68.71 $69.61
2 cu yd-
shared
2x/week $115.14 $126.65 $133.30 $137.29 $139.16
2 cu yd-
shared
3x/week $172.66 $189.92 $199.89 $205.88 $208.70
2 cu yd-
shared
4x/week $230.18 $253.19 $266.48 $274.47 $278.25
2 cu yd-
shared
5x/week $287.69 $316.46 $333.07 $343.06 $347.80
2 cu yd- 6x/week $345.21 $379.72 $399.66 $411.64 $417.35 191
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shared
2 cu yd-
compactor
1x/week $166.34 $182.96 $192.56 $198.34 $200.99
2 cu yd-
compactor
2x/week $332.46 $365.70 $384.89 $396.43 $401.86
2 cu yd-
compactor
3x/week $498.59 $548.43 $577.22 $594.53 $602.73
2 cu yd-
compactor
4x/week $664.71 $731.17 $769.55 $792.63 $803.61
2 cu yd-
compactor
5x/week $830.83 $913.90 $961.88 $990.73 $1,004.48
2 cu yd-
compactor
6x/week $996.95 $1,096.64 $1,154.20 $1,188.83 $1,205.35 3 cu yd 1x/week $172.82 $190.09 $200.06 $206.06 $208.76 3 cu yd 2x/week $345.37 $379.89 $399.83 $411.82 $417.41 3 cu yd 3x/week $517.92 $569.70 $599.60 $617.58 $626.05 3 cu yd 4x/week $690.47 $759.50 $799.37 $823.35 $834.69 3 cu yd 5x/week $863.02 $949.31 $999.14 $1,029.11 $1,043.33 3 cu yd 6x/week $1,035.57 $1,139.11 $1,198.91 $1,234.87 $1,251.98 3 cu yd-
shared
1x/week $86.41 $95.04 $100.03 $103.03 $104.38
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3 cu yd-
shared
2x/week $172.68 $189.95 $199.92 $205.91 $208.70
3 cu yd-
shared
3x/week $258.96 $284.85 $299.80 $308.79 $313.02
3 cu yd-
shared
4x/week $345.23 $379.75 $399.68 $411.67 $417.35
3 cu yd-
shared
5x/week $431.51 $474.65 $499.57 $514.55 $521.67
3 cu yd-
shared
6x/week $517.78 $569.56 $599.45 $617.44 $625.99
3 cu yd-
compactor
1x/week $249.45 $274.39 $288.78 $297.44 $301.43
3 cu yd-
compactor
2x/week $498.64 $548.49 $577.28 $594.59 $602.73
3 cu yd-
compactor
3x/week $747.82 $822.59 $865.77 $891.74 $904.04
3 cu yd-
compactor
4x/week $997.00 $1,096.69 $1,154.26 $1,188.88 $1,205.35 3 cu yd-
compactor
5x/week $1,246.19 $1,370.79 $1,442.75 $1,486.03 $1,506.65 3 cu yd-
compactor
6x/week $1,495.37 $1,644.89 $1,731.24 $1,783.18 $1,807.96 4 cu yd 1x/week $230.29 $253.30 $266.59 $274.59 $278.31 4 cu yd 2x/week $460.35 $506.37 $532.95 $548.94 $556.50 193
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4 cu yd 3x/week $690.42 $759.45 $799.31 $823.29 $834.69 4 cu yd 4x/week $920.48 $1,012.52 $1,065.67 $1,097.64 $1,112.88 4 cu yd 5x/week $1,150.55 $1,265.59 $1,332.03 $1,371.99 $1,391.07 4 cu yd 6x/week $1,380.62 $1,518.66 $1,598.39 $1,646.34 $1,669.26 4 cu yd-
shared
1x/week $115.14 $126.65 $133.30 $137.29 $139.16
4 cu yd-
shared
2x/week $230.18 $253.19 $266.48 $274.47 $278.25
4 cu yd-
shared
3x/week $345.21 $379.72 $399.66 $411.64 $417.35
4 cu yd-
shared
4x/week $460.24 $506.26 $532.84 $548.82 $556.44
4 cu yd-
shared
5x/week $575.27 $632.80 $666.01 $685.99 $695.54
4 cu yd-
shared
6x/week $690.31 $759.33 $799.19 $823.17 $834.63
4 cu yd-
compactor
1x/week $332.46 $365.70 $384.89 $396.43 $401.86
4 cu yd-
compactor
2x/week $664.71 $731.17 $769.55 $792.63 $803.61
4 cu yd-
compactor
3x/week $996.95 $1,096.64 $1,154.20 $1,188.83 $1,205.35 4 cu yd- 4x/week $1,329.20 $1,462.11 $1,538.86 $1,585.02 $1,607.09 194
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compactor
4 cu yd-
compactor
5x/week $1,661.44 $1,827.57 $1,923.52 $1,981.22 $2,008.83 4 cu yd-
compactor
6x/week $1,993.69 $2,193.04 $2,308.17 $2,377.41 $2,410.58 (2) MONTHLY RECYCLE SERVICE RATES FOR MULTI-FAMILY RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $27.28 $30.00 $31.57 $32.51 $32.90
1 cu yd bin 2x/week $54.39 $59.82 $62.95 $64.84 $65.69
1 cu yd bin 3x/week $81.51 $89.64 $94.34 $97.17 $98.47
1 cu yd bin 4x/week $108.62 $119.47 $125.73 $129.50 $131.25 1 cu yd bin 5x/week $135.73 $149.29 $157.12 $161.83 $164.04 1 cu yd bin 6x/week $162.84 $179.11 $188.51 $194.16 $196.82 1 cu yd-
shared
1x/week $13.64 $15.00 $15.78 $16.25 $16.45
1 cu yd-
shared
2x/week $27.20 $29.91 $31.48 $32.42 $32.84
1 cu yd-
shared
3x/week $40.75 $44.82 $47.17 $48.59 $49.23
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1 cu yd-
shared
4x/week $54.31 $59.73 $62.87 $64.75 $65.63
1 cu yd-
shared
5x/week $67.86 $74.64 $78.56 $80.92 $82.02
1 cu yd-
shared
6x/week $81.42 $89.56 $94.26 $97.08 $98.41
1 cu yd-
compactor
1x/week $31.33 $34.45 $36.25 $37.33 $37.80
1 cu yd-
compactor
2x/week $62.49 $68.72 $72.32 $74.49 $75.47
1 cu yd-
compactor
3x/week $93.64 $103.00 $108.40 $111.65 $113.15
1 cu yd-
compactor
4x/week $124.80 $137.27 $144.47 $148.80 $150.82
1 cu yd-
compactor
5x/week $155.96 $171.54 $180.54 $185.96 $188.50
1 cu yd-
compactor
6x/week $187.12 $205.82 $216.62 $223.11 $226.17
2 cu yd 1x/week $54.44 $59.88 $63.01 $64.90 $65.69
2 cu yd 2x/week $108.67 $119.52 $125.79 $129.56 $131.25 2 cu yd 3x/week $162.89 $179.17 $188.57 $194.22 $196.82 2 cu yd 4x/week $217.11 $238.81 $251.34 $258.88 $262.38 2 cu yd 5x/week $271.34 $298.46 $314.12 $323.54 $327.95 196
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2 cu yd 6x/week $325.56 $358.11 $376.90 $388.20 $393.52 2 cu yd-
shared
1x/week $27.22 $29.94 $31.51 $32.45 $32.84
2 cu yd-
shared
2x/week $54.33 $59.76 $62.89 $64.78 $65.63
2 cu yd-
shared
3x/week $81.45 $89.58 $94.28 $97.11 $98.41
2 cu yd-
shared
4x/week $108.56 $119.41 $125.67 $129.44 $131.19
2 cu yd-
shared
5x/week $135.67 $149.23 $157.06 $161.77 $163.98
2 cu yd-
shared
6x/week $162.78 $179.05 $188.45 $194.10 $196.76
2 cu yd-
compactor
1x/week $62.54 $68.78 $72.38 $74.55 $75.47
2 cu yd-
compactor
2x/week $124.85 $137.32 $144.53 $148.86 $150.82
2 cu yd-
compactor
3x/week $187.17 $205.87 $216.67 $223.17 $226.17
2 cu yd-
compactor
4x/week $249.48 $274.42 $288.82 $297.48 $301.53
2 cu yd-
compactor
5x/week $311.80 $342.97 $360.97 $371.79 $376.88
2 cu yd- 6x/week $374.12 $411.52 $433.11 $446.10 $452.23 197
Ordinance No.

Page 13 of 33 ends

compactor
3 cu yd 1x/week $81.60 $89.75 $94.46 $97.29 $98.47
3 cu yd 2x/week $162.94 $179.22 $188.62 $194.28 $196.82 3 cu yd 3x/week $244.28 $268.69 $282.79 $291.27 $295.17 3 cu yd 4x/week $325.61 $358.16 $376.96 $388.26 $393.52 3 cu yd 5x/week $406.95 $447.63 $471.12 $485.25 $491.87 3 cu yd 6x/week $488.28 $537.10 $565.29 $582.25 $590.21 3 cu yd-
shared
1x/week $40.80 $44.88 $47.23 $48.64 $49.23
3 cu yd-
shared
2x/week $81.47 $89.61 $94.31 $97.14 $98.41
3 cu yd-
shared
3x/week $122.14 $134.35 $141.40 $145.64 $147.58
3 cu yd-
shared
4x/week $162.81 $179.08 $188.48 $194.13 $196.76
3 cu yd-
shared
5x/week $203.47 $223.81 $235.56 $242.63 $245.93
3 cu yd-
shared
6x/week $244.14 $268.55 $282.65 $291.12 $295.11
3 cu yd-
compactor
1x/week $93.74 $103.11 $108.51 $111.76 $113.15
198
Ordinance No.

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3 cu yd-
compactor
2x/week $187.22 $205.93 $216.73 $223.23 $226.17
3 cu yd-
compactor
3x/week $280.69 $308.75 $324.95 $334.70 $339.20
3 cu yd-
compactor
4x/week $374.17 $411.57 $433.17 $446.16 $452.23
3 cu yd-
compactor
5x/week $467.64 $514.39 $541.39 $557.63 $565.26
3 cu yd-
compactor
6x/week $561.11 $617.21 $649.61 $669.10 $678.28
4 cu yd 1x/week $108.67 $119.52 $125.79 $129.56 $131.25 4 cu yd 2x/week $217.11 $238.81 $251.34 $258.88 $262.38 4 cu yd 3x/week $325.56 $358.11 $376.90 $388.20 $393.52 4 cu yd 4x/week $434.01 $477.40 $502.46 $517.53 $524.65 4 cu yd 5x/week $542.46 $596.69 $628.01 $646.85 $655.78 4 cu yd 6x/week $650.90 $715.98 $753.57 $776.17 $786.91 4 cu yd-
shared
1x/week $54.33 $59.76 $62.89 $64.78 $65.63
4 cu yd-
shared
2x/week $108.56 $119.41 $125.67 $129.44 $131.19
4 cu yd-
shared
3x/week $162.78 $179.05 $188.45 $194.10 $196.76
199
Ordinance No.

Page 15 of 33 ends

4 cu yd-
shared
4x/week $217.00 $238.70 $251.23 $258.76 $262.32
4 cu yd-
shared
5x/week $271.23 $298.35 $314.01 $323.42 $327.89
4 cu yd-
shared
6x/week $325.45 $357.99 $376.78 $388.08 $393.46
4 cu yd-
compactor
1x/week $124.85 $137.32 $144.53 $148.86 $150.82
4 cu yd-
compactor
2x/week $249.48 $274.42 $288.82 $297.48 $301.53
4 cu yd-
compactor
3x/week $374.12 $411.52 $433.11 $446.10 $452.23
4 cu yd-
compactor
4x/week $498.75 $548.61 $577.41 $594.73 $602.93
4 cu yd-
compactor
5x/week $623.38 $685.71 $721.70 $743.35 $753.63
4 cu yd-
compactor
6x/week $748.01 $822.80 $865.99 $891.97 $904.34
(3) MONTHLY GREENWASTE SERVICE RATES FOR MULTI-FAMILY
RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $29.69 $32.64 $34.35 $35.38 $35.81
200
Ordinance No.

Page 16 of 33 ends

1 cu yd bin 2x/week $59.21 $65.11 $68.53 $70.58 $71.50
1 cu yd bin 3x/week $88.72 $97.58 $102.70 $105.78 $107.20 1 cu yd bin 4x/week $118.24 $130.05 $136.88 $140.98 $142.89 1 cu yd bin 5x/week $147.76 $162.52 $171.05 $176.18 $178.58 1 cu yd bin 6x/week $177.28 $194.99 $205.22 $211.38 $214.27 1 cu yd-
shared
1x/week $14.84 $16.32 $17.18 $17.69 $17.91
1 cu yd-
shared
2x/week $29.60 $32.56 $34.26 $35.29 $35.75
1 cu yd-
shared
3x/week $44.36 $48.79 $51.35 $52.89 $53.60
1 cu yd-
shared
4x/week $59.12 $65.03 $68.44 $70.49 $71.44
1 cu yd-
shared
5x/week $73.88 $81.26 $85.52 $88.09 $89.29
1 cu yd-
shared
6x/week $88.64 $97.50 $102.61 $105.69 $107.14
1 cu yd-
compactor
1x/week $36.14 $39.74 $41.82 $43.07 $43.61
1 cu yd-
compactor
2x/week $72.11 $79.31 $83.47 $85.97 $87.11
1 cu yd-
compactor
3x/week $108.08 $118.88 $125.11 $128.86 $130.60
201
Ordinance No.

Page 17 of 33 ends

1 cu yd-
compactor
4x/week $144.05 $158.44 $166.76 $171.76 $174.10
1 cu yd-
compactor
5x/week $180.02 $198.01 $208.40 $214.65 $217.59
1 cu yd-
compactor
6x/week $215.99 $237.58 $250.05 $257.54 $261.09
2 cu yd 1x/week $59.26 $65.17 $68.58 $70.64 $71.50
2 cu yd 2x/week $118.29 $130.11 $136.93 $141.04 $142.89 2 cu yd 3x/week $177.33 $195.05 $205.28 $211.44 $214.27 2 cu yd 4x/week $236.36 $259.99 $273.63 $281.84 $285.66 2 cu yd 5x/week $295.40 $324.93 $341.98 $352.24 $357.04 2 cu yd 6x/week $354.44 $389.87 $410.33 $422.63 $428.43 2 cu yd-
shared
1x/week $29.63 $32.58 $34.29 $35.32 $35.75
2 cu yd-
shared
2x/week $59.15 $65.05 $68.47 $70.52 $71.44
2 cu yd-
shared
3x/week $88.66 $97.52 $102.64 $105.72 $107.14
2 cu yd-
shared
4x/week $118.18 $129.99 $136.82 $140.92 $142.83
2 cu yd-
shared
5x/week $147.70 $162.46 $170.99 $176.12 $178.52
202
Ordinance No.

Page 18 of 33 ends

2 cu yd-
shared
6x/week $177.22 $194.93 $205.16 $211.32 $214.21
2 cu yd-
compactor
1x/week $72.16 $79.36 $83.52 $86.03 $87.11
2 cu yd-
compactor
2x/week $144.10 $158.50 $166.81 $171.81 $174.10
2 cu yd-
compactor
3x/week $216.04 $237.63 $250.10 $257.60 $261.09
2 cu yd-
compactor
4x/week $287.98 $316.77 $333.39 $343.39 $348.08
2 cu yd-
compactor
5x/week $359.92 $395.90 $416.68 $429.18 $435.07
2 cu yd-
compactor
6x/week $431.86 $475.04 $499.97 $514.97 $522.05
3 cu yd 1x/week $88.82 $97.69 $102.82 $105.90 $107.20
3 cu yd 2x/week $177.38 $195.10 $205.34 $211.50 $214.27 3 cu yd 3x/week $265.93 $292.51 $307.86 $317.09 $321.35 3 cu yd 4x/week $354.48 $389.92 $410.39 $422.69 $428.43 3 cu yd 5x/week $443.04 $487.33 $512.91 $528.29 $535.51 3 cu yd 6x/week $531.59 $584.74 $615.43 $633.89 $642.58 203
Ordinance No.

Page 19 of 33 ends

3 cu yd-
shared
1x/week $44.41 $48.85 $51.41 $52.95 $53.60
3 cu yd-
shared
2x/week $88.69 $97.55 $102.67 $105.75 $107.14
3 cu yd-
shared
3x/week $132.97 $146.26 $153.93 $158.55 $160.68
3 cu yd-
shared
4x/week $177.24 $194.96 $205.19 $211.35 $214.21
3 cu yd-
shared
5x/week $221.52 $243.67 $256.45 $264.15 $267.75
3 cu yd-
shared
6x/week $265.80 $292.37 $307.72 $316.95 $321.29
3 cu yd-
compactor
1x/week $108.18 $118.99 $125.23 $128.98 $130.60
3 cu yd-
compactor
2x/week $216.09 $237.69 $250.16 $257.66 $261.09
3 cu yd-
compactor
3x/week $324.00 $356.39 $375.09 $386.34 $391.57
3 cu yd-
compactor
4x/week $431.91 $475.09 $500.03 $515.03 $522.05
3 cu yd-
compactor
5x/week $539.82 $593.80 $624.96 $643.71 $652.54
3 cu yd-
compactor
6x/week $647.74 $712.50 $749.90 $772.39 $783.02
204
Ordinance No.

Page 20 of 33 ends

4 cu yd 1x/week $118.29 $130.11 $136.93 $141.04 $142.89 4 cu yd 2x/week $236.36 $259.99 $273.63 $281.84 $285.66 4 cu yd 3x/week $354.44 $389.87 $410.33 $422.63 $428.43 4 cu yd 4x/week $472.51 $519.75 $547.03 $563.43 $571.20 4 cu yd 5x/week $590.58 $649.63 $683.72 $704.23 $713.97 4 cu yd 6x/week $708.65 $779.50 $820.42 $845.03 $856.74 4 cu yd-
shared
1x/week $59.15 $65.05 $68.47 $70.52 $71.44
4 cu yd-
shared
2x/week $118.18 $129.99 $136.82 $140.92 $142.83
4 cu yd-
shared
3x/week $177.22 $194.93 $205.16 $211.32 $214.21
4 cu yd-
shared
4x/week $236.25 $259.87 $273.51 $281.72 $285.60
4 cu yd-
shared
5x/week $295.29 $324.81 $341.86 $352.12 $356.98
4 cu yd-
shared
6x/week $354.33 $389.75 $410.21 $422.52 $428.37
4 cu yd-
compactor
1x/week $144.10 $158.50 $166.81 $171.81 $174.10
4 cu yd-
compactor
2x/week $287.98 $316.77 $333.39 $343.39 $348.08
205
Ordinance No.

Page 21 of 33 ends

4 cu yd-
compactor
3x/week $431.86 $475.04 $499.97 $514.97 $522.05
4 cu yd-
compactor
4x/week $575.75 $633.31 $666.55 $686.54 $696.03
4 cu yd-
compactor
5x/week $719.63 $791.58 $833.13 $858.12 $870.01
4 cu yd-
compactor
6x/week $863.51 $949.85 $999.71 $1,029.70 $1,043.99
(4) MONTHLY ORGANIC SERVICE RATES FOR MULTI-FAMILY RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
64 gallon 3x/week $79.01 $86.90 $91.45 $94.19 $95.39
1 cu yd 1x/week $83.11 $91.40 $96.20 $99.08 $100.34
2 cu yd 1x/week $166.09 $182.69 $192.27 $198.04 $200.56 3 cu yd 1x/week $249.08 $273.97 $288.35 $297.00 $300.77 4 cu yd 1x/week $332.06 $365.26 $384.43 $395.96 $400.99 (C) MONTHLY SOLID WASTE SERVICE RATES FOR 1X/ WEEK COMMERCIAL CART SERVICE BY QUANTITY OF CARTS.

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 96-gallon 1x/week $36.51 $40.15 $42.26 $43.52 $44.01
206
Ordinance No.

Page 22 of 33 ends

cart
2 96-gallon
cart
1x/week $73.03 $80.31 $84.51 $87.04 $88.01
3 96-gallon
cart
1x/week $109.54 $120.46 $126.77 $130.56 $132.02
4 96-gallon
cart
1x/week $146.06 $160.61 $169.02 $174.08 $176.03
5 96-gallon
cart
1x/week $182.57 $200.77 $211.28 $217.60 $220.04
6 96-gallon
cart
1x/week $219.09 $240.92 $253.53 $261.12 $264.04
(1) This rate is in effect for existing commercial customers receiving this service type. This service type will not be offered for new commercial accounts as of July 1, 2024. (D) MONTHLY RECYCLED AND GREENWASTE/ORGANICS SERVICE RATES FOR 1X/ WEEK COMMERCIAL CART SERVICE.

Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 96-gallon
cart
1x/week $21.41 $21.41 $21.41 $21.41 $21.41
(1) This rate has been effective since September 1, 2021, and is for existing commercial customers receiving this service type. This service type will not be offered for new commercial accounts as of July 1, 2024.
(E) SERVICE PULL RATES FOR INDUSTRIAL COLLECTION.

Service Type Effective
July 1,
2024
July 1,
2025
July 1, 2026 July 1, 2027 July 1, 2028
Up to 10-cu yd Roll
207
Ordinance No.

Page 23 of 33 ends

Off Bin (max 10 tons) $269.43 $296.38 $311.94 $321.30 $325.79 Up to 13.4 cu yd Roll
Off Bin (max 10 tons) $269.43 $296.38 $311.94 $321.30 $325.79 Up to 20 cu yd Roll
Off Bin $269.43 $296.38 $311.94 $321.30 $325.79
Up to 20 cu yd
Compactor
$269.43 $296.38 $311.94 $321.30 $325.79
Up to 30 cu yd Roll
Off Bin $269.43 $296.38 $311.94 $321.30 $325.79
30 cu yd Compactor $269.43 $296.38 $311.94 $321.30 $325.79 40 cu yd Roll Off Bin $269.43 $296.38 $311.94 $321.30 $325.79 40 cu yd Compactor $269.43 $296.38 $311.94 $321.30 $325.79 (F) DAILY AND MONTHLY RENTAL RATES FOR INDUSTRIAL BINS.

Service
Type
Rental
Frequency
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
10 cu yd
Roll Off
Bin
Monthly /
Daily
$46.45
$1.53
$47.84
$1.57
$49.28
$1.62
$50.76
$1.67
$52.28
$1.72

13.4 cu yd
Roll Off
Bin
Monthly /
Daily
$49.99
$1.64
$51.49
$1.69
$53.03
$1.74
$54.62
$1.80
$56.26
$1.85
20 cu yd
Sealed Roll
Off Bin
Monthly /
Daily
$67.30
$2.21
$69.32
$2.28
$71.40
$2.35
$73.54
$2.42
$75.75
$2.49
208
Ordinance No.

Page 24 of 33 ends

30 cu yd
Roll Off
Bin
Monthly /
Daily
$58.05
$1.91
$59.79
$1.97
$61.58
$2.02
$63.43
$2.09
$65.33
$2.15
40 cu yd
Roll Off
Bin
Monthly /
Daily
$66.48
$2.19
$68.47
$2.25
$70.52
$2.32
$72.64
$2.39
$74.82
$2.46
40 cu yd
Sealed Roll
Off Bin
Monthly /
Daily
$87.09
$2.86
$89.70
$2.95
$92.39
$3.04
$95.16
$3.13
$98.01
$3.22
(G) RATES FOR SOLID WASTE WALKING FLOOR TRANSFER TRAILER RATES FOR INDUSTRIAL SERVICE PER PULL/TRANSFER.

Service Type Effective
July 1, 2024
July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028
53-Foot
Walking
Floor Trailer
$384.86 $398.34 $412.28 $426.71 $441.64
Part 6. SEC. 19-204 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:

SEC. 19-204. SPECIAL COLLECTION SERVICES AND FEES
The following fees for special, non-property related solid waste services provided by the City are established and effective during the dates indicated, as follows:
(A) TIPPING FEES FOR INDUSTRIAL SERVICE PER TON OF WEIGHED MATERIAL AND SECURITYAND CONTAMINATION PREVENTION FEE.

Service Type Waste Type Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Del Norte Tip Solid Waste $93.88 $103.27 $108.69 $111.95 $113.52 209
Ordinance No.

Page 25 of 33 ends

Oxnard City CouncilMarch 19, 2024

Oxnard City Council
March 19, 2024