Cities Index.
Agenda packet

Oxnard City Council
May 7, 2024

Document
Agenda packet
Meeting
May 7, 2024
Body
Oxnard City Council
Pages
35
Original file
90.1 MB
Text extracted from the city's file for reading and search. Open the original on oxnardca.api.civicclerk.com. That file is the official record.

IN WITNESS WHEREOF, the parties to this Third Amendment have each executed this Third Amendment as of the date first written above.

[Signatures on following pages]
290

5 THE CITY:

CITY OF OXNARD, a public body,
corporate and politic

By:_________________________________
John C. Zaragoza, Mayor

ATTEST:

By:______________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:

By:______________________________
Stephen Fischer, City Attorney

[Signatures continue on next page]
291

6 DEVELOPER:

RIVERPARK APARTMENTS OWNER, LLC,
a Delaware limited liability company

By: Riverpark Apartments Venture, LLC, a
Delaware limited liability company, its sole member

By: FORE Riverpark LLC, a Delaware limited
liability company, its Manager

By:_____________________
Name: Jonathan Fore
Title: Managing Member

292

Notary

STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]

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.
293

2 STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On _____________________, 2024, before me, ____________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]
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.
294

3 STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On ___________________, 2024 before me, _________________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]

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.
295

Exhibit 1

EXHIBIT 1

THE PROPERTY

All that certain real property situated in the County of Ventura, State of California, described as follows:

LOTS 8 AND 9 OF TRACT NO. 4334, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 114, PAGES 62 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO ALL OIL, GAS,

OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER THE PROPERTY

HEREIN DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE THEREOF OR WITHIN OR WITHIN 500 FEET BENE ATH THE SURFACE THEREOF AS RESERVED IN THE DEED RECORDED IN BOOK 4723, PAGE 472 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL THE OIL, GAS, OTHER

HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, WITHOUT, HOWEVER THE RIGHT TO ENTER ON THE SURFACE THEREOF OR WITHIN 500 FEET BENEATH THE SURFACE THEREOF AS RESERVED IN THE DEEDS RECORDED DECEMBER 3, 1986 AS INSTRUMENT NO. 86-175822 THROUGH 86-175828, OF OFFICIAL RECORDS.

Assessor’s Parcel Number: 132-0-100-085 & 132-0-100-095

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309

NOTICEOFEXEMPTION(NOE)
_______________________________________________________________________________To:OfficeofPlanningandResearchP.O.Box3044,Room113Sacramento,CA95812-3044 From:CityofOxnardCommunityDevelopmentDepartment214SouthCStreetOxnard,CA93030 To:VenturaCountyClerk-Recorder&RegistrarofVotersHallofAdministration,MainPlaza800SouthVictoriaAvenue,Ventura,CA93009-1260_____________________________________________________________________________ ProjectTitle:ForeDevelopmentAgreementAmendment
ProjectApplicant:RiverParkApartmentsOwner, LLC(PropertyOwner) ProjectLocation- Specific:2700-2750NorthVenturaRoad,Oxnard,CA,93036,VenturaCounty, APN132-0-100-595.

DescriptionofNature,PurposeanBeneficiariesofProject:PlanningandZoningPermitNo.24-670-01(DevelopmentAgreementAmendment):A requestfora DevelopmentAgreementAmendmenttoremovea sectionoftheagreementregardingtheacquisitionofa serviceroadfromCaltrans,astheroadisnolongera partofthedevelopment.TheprojectisexemptfromtheCaliforniaEnvironmentalQualityAct(CEQA)pursuantto CEQAGuidelinesSections15060(c)(2)and15061(b)(3)(“generalrule”or“commonsense”)andofTitle14,Article18,15620oftheCaliforniaCodeofRegulations(statutory).FiledbyRiverparkApartmentsOwner,LLC,1741VillageCenterCircle,LasVegas,NV89134.

NameofPublicAgencyApprovingProject(LeadAgency):CityofOxnard NameofPersonorAgencyCarryingOutProject(Applicant):JonathanCornelius,DesignatedAgent ExemptStatus:(checkone):

Ministerial(Sec.21080(b)(1);15268);DeclaredEmergency(Sec.21080(b)(3);15269(a));EmergencyProject(Sec.21080(b)(4);15269(b)(c));CategoricalExemption:StatutoryExemptions.Statecodenumber:Section15061(b)(3)andSection15378(b)(5) Reason(s)whyprojectisexempt:PursuanttotheCaliforniaEnvironmentalQualityAct(PublicResourcesCodeSections21000etseq.,“CEQA”)andtheregulationspromulgatedthereunder(14CaliforniaCodeof 310
RegulationsSections15000etseq.,the“CEQAGuidelines”),therequestproposesnodevelopmentanddoesnotconstituteaproject.Therefore,itcanbeseenwithcertaintythatthereisnopossibilitythatthisamendmenttothedevelopmentagreement,locatedat2700and2750NorthVenturaRoad,wouldhaveasignificanteffectontheenvironment(CEQAGuidelinesSection15061(b)(3)andSection15378(b)(5)).

LeadAgencyContactPerson:DanielHouck,AssociatePlanner, 805-385-7556 ______________________________________________________________________JoePearsonII,AICP DatePlanningandEnvironmentalServicesManagerCityofOxnard Note: Authoritycited:Sections21083and21110,PublicResourcesCode.Reference:Sections21108,21152,and21152.1,PublicResourcesCode. 311

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.__________
AN ORDINANCEOF THECITYCOUNCILOF THECITYOF OXNARDAPPROVINGTHETHIRDAMENDMENTTO DEVELOPMENTAGREEMENTNO.7113 (PLANNINGANDZONINGPERMITNO.24-670-01)LOCATEDONTHEPROPERTIESAT2700AND2750NORTHVENTURAROADSTREET(APN132-0-100-595).FILEDBY RIVERPARKAPARTMENTSOWNER,LLC1741VILLAGECENTERCIRCLE,LASVEGAS,NV89134.

WHEREAS,onSeptember10,2002theCityCouncilapprovedtheentitlementsforTheRiverParkSpecificPlantoguidefuturedevelopmentonthe702-acreprojectsite;and WHEREAS,On November18, 2008,the CityCounciladoptedOrdinanceNo.2787,approvingPlanningandZoningPermitNo.08-670-03(DevelopmentAgreementNo.A-7113)betweentheownersoftheProjectsiteandtheCityofOxnard;and WHEREAS,On November9, 2010,the CityCounciladoptedthefirstDevelopmentAgreementAmendmentwhichmaintaineddevelopmentfeesat certainlevelsforanextendedperiodoftime,basedonmarketconditionsatthetime;and WHEREAS,On April5, 2022,the CityCounciladoptedthe secondDevelopmentAgreementAmendmentwhichallowfora timeextension,impactfeemodifications,definefutureaffordablehousingrequirements,andoff-sitemaintenancerequirements;and WHEREAS,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”)hasconsideredanapplicationforPlanningandZoningPermitNo.24-670-01(“Project”),a thirdamendmentto DevelopmentAgreementNo.A-7113(DevelopmentAgreement)betweentheCITYOFOXNARD,a municipalcorporationoftheStateofCalifornia(the“City”)andOxnardCOASTALINVESTMENT. LLC,aCalifornialimitedliabilitycompanyandVENTURALANDDEVELOPMENTCOMPANY, LLC,a Californialimitedliabilitycompany(collectivelyreferredto“Applicant”orDeveloper”intherecordofproceedingsforthedevelopmentoftheForeProperty;and WHEREAS,thethirdDevelopmentAgreementAmendment(DAA)shallremoveSection5;and WHEREAS,on March21, 2024,the PlanningCommissionof the Cityof Oxnard(“PlanningCommission”)conducteda dulynoticedpublichearingtoconsideranapplicationfora DevelopmentAgreementAmendment(PZ24-670-01)inaccordancewithSection16-575oftheOxnardCityCode;and WHEREAS,thePlanningCommission,afterduestudy, deliberationanda dulynoticedpublichearingonMarch21,2024,presentedbystaff andtheapplicantwithaseriesofquestions, 312
OrdinanceNo. ________ForeDevelopment Agreement Amendment No. 3CityCouncil HearingDate: May7, 2024Page2 foundthattheprojectmeetsthecriteriasetoutinCaliforniaGovernmentCode65864through65869.5;and WHEREAS,the PlanningCommissionupheldthe determinationby thePlanningandEnvironmentalServicesDivisionthatthe DevelopmentAgreementAmendmentdoesnotconstitutea project,pursuanttoCEQAGuidelines§1561(b)(3)and§15378(b)(5)asa resultofthe Division’s preliminaryenvironmentalassessmentin accordancewiththe CaliforniaEnvironmentalQualityAct;and WHEREAS,thePlanningCommissionadoptedResolution2024-06recommendingthattheCityCouncilapprovePlanning& ZoningPermitNo.24-670-01(DevelopmentAgreementAmendment),bothas originallynegotiatedwiththeApplicantandas recommendedbythePlanningCommissioninaccordancewiththeOCC;and WHEREAS,theCityCouncilupholdsthedeterminationbythePlanningandEnvironmentalServicesDivisionthattheDevelopmentAgreementAmendmentdoesnotconstitutea project,pursuantto CEQAGuidelines§1561(b)(3)and§15378(b)(5)as a resultof theDivision’spreliminaryenvironmentalassessmentinaccordancewiththeCaliforniaEnvironmentalQualityAct;and WHEREAS,theCityCouncilfinds,afterduestudy, deliberationandpublichearing,thattheproposedDevelopmentAgreementAmendmentisconsistentwiththe2030GeneralPlan;and WHEREAS,the pursuitof the DevelopmentAgreementAmendmentis a reasonableexerciseoftheCity’s policepowerstoensurethecontinuedhealth,safety, andwelfareofthepublicbyprovidinghousingopportunitiesfortheresidentsoftheCityofOxnard;and WHEREAS,theCityCouncilfinds,afterduestudy, deliberationandpublichearing,thatthefollowingCircumstancesexist:

1. Asoutlinedin6(b)ofthePlanningCommissionStaff ReportdatedMarch21,2024,theproposedDevelopmentAgreementAmendmentisinconformancewiththe2030GeneralPlanandotheradoptedpoliciesoftheCityofOxnard;2. AsoutlinedSection6(d)ofthePlanningCommissionStaff reportdatedMarch21,2024,theproposedDevelopmentAgreementAmendmentisalogicalrefinementandinternallyconsistentwiththeadoptedForeDevelopmentAgreement;and3. As determinedin the staff preliminaryenvironmentalassessment,the proposedDevelopmentAgreementAmendmentdoesnotconstitutea projectunderCEQAandtherefore,willnotadverselyaffector bemateriallydetrimentaltoadjacentlanduses,buildingsorstructures,ortothepublichealth,safety, orgeneralwelfare;and WHEREAS,theApplicantagreesthatatitsownexpense,toindemnifyanddefendtheCityof Oxnardandits agents,officers,andemployeesfromandagainstanyclaims,actions,orproceedingstoattack,setaside,void,orannultheapprovalofthisOrdinanceoranyactionsor 313
OrdinanceNo. ________ForeDevelopment Agreement Amendment No. 3CityCouncil HearingDate: May7, 2024Page3 proceedings,actsordeterminationstaken,doneormadebeforetheapprovalofthisOrdinancethatwerepartoftheapprovalprocess.

NOW, THEREFORE,THECITYCOUNCILOF THECITYOF OXNARDDOESORDAINASFOLLOWS:

SECTION1. TheRecitalsabovearetrueandcorrectandincorporatedhereinbythisreference.

SECTION2. The City Councilfinds that the Fore DevelopmentAgreementAmendmentisinternallyconsistentwithallotherprovisionsoftheCityofOxnard2030GeneralPlan.

SECTION3. TheCityCouncilfindsthattheForePropertyDevelopmentAgreementAmendmentwillnotbedetrimentaltothepublicinterest,health,safety, convenience,orwelfareoftheCity.

SECTION4. TheCityCouncilfindsthattheprojectsiteassociatedwiththeForePropertyDevelopmentAgreementAmendmentis physicallysuitablein termsof design,location,operatingcharacteristics,shape,size,topography, andtheprovisionof publicandemergencyvehicleaccessandpublicservicesandutilitiesandisservedbyhighwaysandstreetsadequateinwidthandimprovementtocarrythekindandquantityoftraffictheproposedusewouldlikelygenerate,toensurethattheproposeduse(s)and/ordevelopmentwillnotendanger,jeopardize,orotherwiseconstitutea hazardtothepropertyorimprovementsinthevicinityinwhichthepropertyislocated.

SECTION5. TheCityCouncildeterminesthatthe developmentthatwouldbeauthorizedfor the projectsite by the proposedForePropertyDevelopmentAgreementAmendmentisthebestuseforthesubjectprojectsite.

SECTION6. TheCityCouncildeterminesthatthe ForePropertyDevelopmentAgreementAmendmentisinthebestinterestsandwelfareoftheCityanditsresidents.

SECTION7. In approvingthis ordinancefor the ForePropertyDevelopmentAgreementAmendment,theCityCouncilfindsanddeterminestheprojectisincompliancewithCEQAas the Amendmentdoesnot constitutea project,pursuantto CEQAGuidelines§1561(b)(3)and§15378(b)(5).

SECTION8. Basedonthefindingssetforthherein,theCityCouncilapprovesPlanningandZoningPermitNo.24-670-01(AmendmentNo.3toDevelopmentAgreementA-7113).

SECTION9. PlanningandZoningPermitNo.24-670-01(AmendmentNo.3 toDevelopmentAgreementNo.A - 7113)is approvedto amendtheDevelopmentAgreementpursuanttoExhibitA,heretoattached.

SECTION10.PursuanttoGovernmentCodeSection65863.5,theCityClerkshallmaila 314
OrdinanceNo. ________ForeDevelopment Agreement Amendment No. 3CityCouncil HearingDate: May7, 2024Page4 copyof thisordinanceto theAssessorof VenturaCountywithinthirty(30)daysfromtheadoptionofthisordinance;and SECTION11.PursuanttoGovernmentCodeSection36933(c)(1),theCityAttorneywasdesignatedtoprepare,andtheCityClerkpublished,asummaryofthisOrdinance,andacertifiedcopytheOrdinancewaspostedintheOfficeoftheCityClerkaminimumoffivedaysbeforetheCityCouncil’sadoptionoftheOrdinance.

SECTION12.Within15daysafterpassage,theCityClerkshallcausethisordinancetobepublishedonetimeina newspaperofgeneralcirculationpublishedandcirculatedintheCity.OrdinanceNo.______wasfirstreadonMay7,2024,andfinallyadoptedon_________,tobecomeeffectivethirty(30)daysthereafter.

PASSEDandADOPTEDthis_______dayof______________bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_____________________________________________________________________RoseChaparro,CityClerk JohnC.Zaragoza,Mayor APPROVEDASTOFORM:
___________________________________StephenM.Fischer, CityAttorney 315
OrdinanceNo. ________ForeDevelopment Agreement Amendment No. 3CityCouncil HearingDate: May7, 2024Page5

EXHIBITA

THIRDDEVELOPMENTAGREEMENTTEXT
316

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attn: City Clerk

SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT

THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the “Third Amendment”) is made in Ventura County, California as of ___________________, 2024, by and between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and RIVERPARK APARTMENTS OWNER, LLC, a Delaware limited liability company (“Developer”).

RECITALS
A. Developer is the successor in interest to the owner of that certain real property located in the City and more particularly described in Exhibit 1 attached hereto (“Property”). The Property is located within the boundaries of the City’s RiverPark Specific Plan.

B. The City and the prior owner of the Property entered into that certain Development Agreement dated as of November 18, 2008, and which was recorded against the Property on December 1, 2008, as Instrument No. 20081201-00172496-0 in the Ventura County Recorder’s Office and re-recorded against the Property on December 17, 2008, as Instrument No. 20081217-00180417-0 in the Ventura County Recorder’s Office (the “Original Development Agreement”), as amended by that certain First Amendment to Development Agreement dated as of November 9, 2010, and recorded against the Property on January 6, 2011, as Instrument No. 20110106-00003776-0 in the Ventura County Recorder’s Office (the “First Amendment to Development Agreement”), as amended by that certain Second Amendment to Development Agreement dated as of September 6, 2022, and recorded against the Property on September 21, 2022, as Instrument No. 2022000094753 in the Ventura County Recorder’s Office (the “Second Amendment to Development Agreement”). The Original Development Agreement, as amended by the First Amendment to Development Agreement, Second Amendment to Development Agreement and Third Amendment, are collectively referred to as the “Development Agreement.” 317

2 C. This Third Amendment solely relates to the Property and no other real property located within the RiverPark Specific Plan.

D. On ___________________, 2024, the Planning Commission held a duly noticed public hearing wherein the Planning Commission reviewed this Third Amendment.

E. On ___________________, 2024, the City Council held a duly noticed public hearing on this Third Amendment in accordance with Government Code Section 65868.

F. The City Council has given notice of its intention to consider this Third Amendment, has conducted a public hearing thereon pursuant to the relevant portions of the Government Code, and has found that the provisions of this Third Amendment are consistent with the City’s General Plan, City zoning ordinances, and the RiverPark Specific Plan, as amended.

The City Council has also specifically considered the impacts and benefits of this Third Amendment upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Third Amendment is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Third Amendment by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Developer agree as follows:

Section 1. Deletion of Section 5 of the Second Amendment to Development Agreement.

Section 5 of the Second Amendment to the Development Agreement relating to a maintenance agreement for an access road as it relates to the Property is hereby deleted in its entirety.

Section 2. Miscellaneous Provisions.
(a) Entire Agreement. Except for the Development Agreement, which this Third Amendment amends, this Third Amendment represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Third Amendment.
(b) Section Headings. The section headings contained in this Third Amendment are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
(c) Counterparts. This Third Amendment may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. 318

3 (d) Waiver. No waiver of any provision of this Third Amendment shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
(e) Severability. If any part of this Third Amendment is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Third Amendment or the Development Agreement which it amends. The other parts of this Third Amendment and the Development Agreement which it amends shall remain in effect as if this Third Amendment had been executed without the invalid part. The parties intend and desire that the remaining parts of this Third Amendment and the Development Agreement which it amends continue to be effective without any part or parts that have been declared invalid. If, for any reason, the Third Amendment does not take effect, then the provisions of the Development Agreement shall remain in full force and binding upon the parties to the Development Agreement. (f) No Reliance on Other Parties. All parties to this Third Amendment declare that, prior to the execution of this Third Amendment, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Third Amendment and making the decision to execute it. The parties each represent and acknowledge that in executing this Third Amendment, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to this Third Amendment or their respective legal counsel with regard to the subject matter, basis or effect of this Third Amendment.
(g) Construction. The provisions of this Third Amendment shall be liberally construed to effectuate its purpose. The language of this Third Amendment shall be construed according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Third Amendment and has had its legal counsel review it.

Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural and vice versa.
(h) Successors and Assigns. This Third Amendment shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns.
(i) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment, with venue for any legal action lying in a court of competent jurisdiction in the County of Ventura, State of California without giving effect to the principles of conflict of laws.
(j) Authorizations. Each party certifies and warrants that all individuals executing this Third Amendment and other related documents on its behalf have the capacity and have been duly authorized to do so. Each party shall also indemnify the other parties to this Third Amendment and hold them harmless from any and all damages, costs, attorneys’ fees, and other expenses, if a signatory is not so authorized.
319

4 (k) Indemnification. The Developer agrees, as a condition of approval of this Third Amendment, to indemnify, defend and hold harmless at the Developer’s sole expense, the City, the City Council, and the City’s agents, officers and employees from and against any claim, action or proceeding commenced within the applicable time period, to attack, review, set aside, void or annul the approval of this Third Amendment. The City shall promptly notify the Developer of any such claim, action or proceeding of which the City receives notice, and the City will cooperate fully with the Developer in the defense thereof. The Developer shall reimburse the City for any court costs and reasonable attorneys’ fees which the City may be required to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve the Developer of the obligations of this subsection. (l) Definitions. All terms not specifically defined in this Third Amendment shall have the meanings ascribed to them in the Development Agreement. (m) Impact of Third Amendment on Development Agreement. Unless otherwise specifically amended by this Third Amendment, all provisions of the Development Agreement shall remain in full force.
(n) Recordation of this Third Amendment. Pursuant to Government Code Section 65868.5, the City Clerk shall record a copy of this Third Amendment with the Ventura County Recorder’s Office within ten (10) days after the mutual execution of this Third Amendment. (o) Effective Date. After this Third Amendment has been signed by authorized representatives of each of the parties hereto, this Third Amendment shall become effective on which the ordinance approving this Third Amendment becomes operative under Government Code Section 36937.

IN WITNESS WHEREOF, the parties to this Third Amendment have each executed this Third Amendment as of the date first written above.

[Signatures on following pages]
320

5 THE CITY:

CITY OF OXNARD, a public body,
corporate and politic

By:_________________________________
John C. Zaragoza, Mayor

ATTEST:

By:______________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:

By:______________________________
Stephen Fischer, City Attorney

[Signatures continue on next page]
321

6 DEVELOPER:

RIVERPARK APARTMENTS OWNER, LLC,
a Delaware limited liability company

By: Riverpark Apartments Venture, LLC, a
Delaware limited liability company, its sole member

By: FORE Riverpark LLC, a Delaware limited
liability company, its Manager

By:_____________________
Name: Jonathan Fore
Title: Managing Member

322

Notary

STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]

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.
323

2 STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On _____________________, 2024, before me, ____________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]
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.
324

3 STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On ___________________, 2024 before me, _________________________________________ Notary Public (insert name and title of the officer),
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/t heir 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: _______________________________________

[Seal]

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.
325

Exhibit 1

EXHIBIT 1

THE PROPERTY

All that certain real property situated in the County of Ventura, State of California, described as follows:

LOTS 8 AND 9 OF TRACT NO. 4334, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 114, PAGES 62 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO ALL OIL, GAS,

OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER THE PROPERTY

HEREIN DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE THEREOF OR WITHIN OR WITHIN 500 FEET BENE ATH THE SURFACE THEREOF AS RESERVED IN THE DEED RECORDED IN BOOK 4723, PAGE 472 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL THE OIL, GAS, OTHER

HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, WITHOUT, HOWEVER THE RIGHT TO ENTER ON THE SURFACE THEREOF OR WITHIN 500 FEET BENEATH THE SURFACE THEREOF AS RESERVED IN THE DEEDS RECORDED DECEMBER 3, 1986 AS INSTRUMENT NO. 86-175822 THROUGH 86-175828, OF OFFICIAL RECORDS.

Assessor’s Parcel Number: 132-0-100-085 & 132-0-100-095

326
Fore Property Development
Agreement Amendment
1 City Council
May 7, 2024
Planning and Zoning Permit PZ No.
24-670-01 (Third Development Agreement Amendment)
Applicant: Jonathan Cornelius on behalf of RiverPark Apartment Owners, LLC Daniel Houck, Associate Planner
Joe Pearson II, Planning and Environmental Services Manager 327
Project Description
• The proposed Development Agreement Amendment (DAA) will allow for:
○ The removal of Section 5, which mandated a maintenance agreement with the City of Oxnard for a service road the City was acquiring that the property would use to service the proposed residential apartment project on the parcel. ○ This section is no longer needed.
○ The road was to be used as an access road for the proposed residential apartment project on the parcel for the Fire Department and Environmental Services. ○ Caltrans retreated from the deal and the property underwent a redesign of the proposed apartment building to address the need for an access road. This was approved through a minor modification.
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Project Location
3 Subject Site: 2700 and 2750 North Ventura Road
Location: This project site is located
southwesterly of the intersection of North Ventura
Road and T own Center Drive, within the RiverPark
Specific Plan Area.
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General Plan & Zoning Maps
4 Commercial Regional (CR)
General Plan Land Use
Designation
Zoning Designation
Residential Very High/Commercial Regional (RVH/CR)
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Background - RiverPark Apartments (Continued)
• On May 23, 2022, the Community Development Director approved of the project to allow a 333 unit apartment building on the parcel.
• On July 21, 2022, Planning Commission heard an appeal of the project and upheld the Director’s initial approval. (PZ 19-200-16)
• On July 18th a Minor Modification was approved by staff that maintained the proposed residential building at 333 units, however, taking up a compressed footprint. ○ This was due to the removal of an access road that was to be acquired from Caltrans by the City of Oxnard. The state level of Caltrans opted not to approve of the conveyance of the road.
○ The building was compressed, losing 25 bedrooms, and increasing the height of the parking structure to provide the Fire Department and Environmental Resources with the access road on the property.
5 331
Background - Development Agreement
6 • On November 18, 2008, the City Council adopted Ordinance No. 2787, approving Planning and Zoning Permit No. 08-670-03 (Development Agreement No. A-7113) between the owners of the Project site and the City of Oxnard.
• The Development Agreement (DA) has been amended on two previous occasions, November 9, 2010 and April 5, 2022.
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Background - Planning Commission
7 The project was presented to Planning Commission on March 21, 2024, during the Commission’s public hearing Commissioners asked a series of questions as a result of staff’s presentation.

At the Commission’s public hearing on March 21, 2024, the Commission made a motion finding the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and Section 15378(b)(5); and adopted a resolution recommending that the City Council Approve Planning and Zoning Permit No. 24-670-01 (Third Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.
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General Plan Consistency
• Policy ICS-1.2
• Development Impacts to Existing Infrastructure
• Doesn’t create impacts on existing infrastructure
• Policy ICS 1.4
• Infrastructure Conditions of Approval
• Should only be approved if it demonstrates adequate public services and required infrastructure
• Policy ICS 20.10
• Adequate Emergency Access and Routes
• Must provide adequate emergency access
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Environmental Determination
Environmental Determination:

Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), the request proposes no development and does not constitute a project. Therefore, it can be seen with certainty that there is no possibility that this amendment to the development agreement, located at 2700 and 2750 North Ventura Road, would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(5)). Staff recommends that the City Council accept the Notice of Exemption. 9 335
Public Notice
• Notice of CC hearing was provided:
• Newspaper,
• On-site posting; and
• Mailed to property owners within 300 feet.
10 336
Staff Recommendation
Recommendation: That the City Council:
a) Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and Section 15378(b)(5); and
b) Approve the first reading by title only and subsequent adoption of an ordinance approving PZ No. 24-670-01 (Amendment No. 3 to Development Agreement No. A-7113), subject to certain findings and conditions.
11 337
12 End of Presentation
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2

DATE: May 7, 2024

TO: City Council

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

SUBJECT: Adoption of the Fiscal Year 2024-2025 Annual Action Plan, the amended Regional Consolidated Plan and the amended Citizen Participation Plan. (10 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a U.S. Department of Housing and Urban Development public hearing regarding the fiscal year 2024-2025 Annual Action Plan, with funding recommendations, the amended 2020-2024 Regional Consolidated Plan and the amended Citizen Participation Plan;

2. Approve the fiscal year 2024-2025 Annual Action Plan;

3. Approve the updated changes in the amended Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

4. Authorize the City Manager, and his designees, to incorporate any recommended changes resulting from the public input to the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

5. Authorize the City Manager, and his designees, to incorporate the final grant allocations into the 2024-2025 Annual Action Plan, and authorize the budget appropriations to fund the administration and activities, including the ability to increase or decrease activities funding up to ten percent or up to the administrative amount allowed of the administering staff, whichever is greater;

6. Authorize the City Manager, and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan to the United States Department of Housing and Urban Development; and

7. Authorize the City Manager, and his designees, to execute agreements and sign all agreements for the implementation of the Annual Action Plan including subrecipients, interdepartmental, and intradepartmental agreements.

(The Community Services, Public Safety, Housing & Development Committee voted to approve unanimously.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/dUaLZyNIp8E

BACKGROUND

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The City of Oxnard receives entitlement grant funding from the United States Department of Housing and Urban Development for the Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME), and HEARTH Emergency Solutions Grant programs (ESG). To receive these entitlement grants the City of Oxnard must prepare, submit, and receive approval of a five-year Regional Consolidated Plan, Annual Action Plan and Analysis of Impediments to Fair Housing.

The fiscal year 2024-2025 Annual Action Plan must be approved before entitlement grant funds are received. The local procedures to approve these documents are set forth in the Citizen Participation Plan.

DISCUSSION

HUD's Formula Grant Programs

CDBG is able to provide funding for activities such as neighborhood park improvements, street improvements, facility improvements, homeownership assistance, owner-occupied mobile home rehabilitation, housing rehabilitation and public service activities that benefit low and moderate-income residents.

HOME funds are used to ensure provision of affordable housing, where the primary objective is the development of new and affordable units.

ESG provides funding for homeless programs, including Street Outreach, Emergency Shelter, Homeless Prevention, Rapid Re-housing, Housing Relocation and Stabilization Services, Rental Assistance, and the Homeless Management Information System.

2024-2025 Annual Action Plan

This is the fifth, and final year Annual Action Plan of the five year Regional Consolidated Plan. Each year, the City of Oxnard must submit an Annual Action Plan which serves as an application for its three entitlement grant programs referenced above. The Annual Action Plan identifies specific activities, goals and funding allocations for the program year. The Annual Action Plan draft includes project proposals and funding recommendations for the City Council’s consideration.

Community involvement is a key component of the preparation of the Annual Action Plan. HUD requires that grantees provide opportunities for the public to participate in the development of the Annual Action Plan, as well as follow the requirements of the City’s adopted Citizen’s Participation Plan. The subject Council Committee meeting serves as one of the two required public meetings to receive input on the Annual Action Plan. Notice of the subject public meeting date was published in the VIDA Newspaper on April 4, 2024 in Spanish and English. The second public meeting scheduled for the City Council meeting on May 7, 2024 provides further opportunity for the City Council and the public to consider the funding recommendations and to receive public comments for the 2024 Annual Action Plan draft.

Four community meetings were held in January and February 2024, and a Resident Input of Community Need survey was released in English and Spanish. During these meetings, staff take resident and stakeholder comments relating to the unmet needs of low- and moderate-income persons residing in the City of Oxnard. Topics of discussion include affordable housing, economic development, public services and homelessness. For details about the stakeholder input see Attachment 2 “2024-2025 Annual Action Plan”. In summary, none of the comments resulted in changes to the Annual Action Plan, primarily because applications were not received for the subjects raised by the stakeholders.

In addition to these meetings, the 2024 Annual Action Plan was made available to the public for a 30-day review period beginning April 5, 2024 and ending on May 7, 2024. The draft of the Annual Action Plan and the amended Oxnard Citizen Participation Plan are also available electronically on the City of Oxnard Housing Department, Grants Management website.

Annual Action Plan Funding Recommendations

The City of Oxnard is expected to receive an award of $2,213,917 in Community Development Block Grant funds, $768,867 in HOME Investment Partnerships Program funds and $207,883 in HEARTH Emergency Solutions Grant funds 340
in fiscal year 20243-20254. In addition, the Housing Department estimates program income in the amount of $100,000 for the Community Development Block Grant program, and $100,000 for HOME programs, which will increase the total allocation to $3,390,667.

The Housing Department issued a Notice of Funding Availability (NOFA), announcing the availability of the fiscal year 2024-2025 entitlement grant funding on November 9, 2023. The NOFA invited non-profit providers and City departments to apply for funding from the entitlement grants for an activity or service that primarily benefits low- and moderate- income persons. In order to apply, service providers must attend a mandatory workshop. Grant application workshops were held to provide training and information on the availability of grant funding for eligible programs for interested parties. Applications were received from January 9, 2024 through February 12, 2024.

Through the application process the City of Oxnard received fifteen (15) applications soliciting funds from the Community Development Block Grant including five (5) for public improvements and ten (10) for public service programs.

The CDBG recommended funding three of the five applications received for the public improvement and other programs category consisting of an application from Habitat for Humanity for homeowner residential rehabilitation program for low-and moderate-income housing and the City of Oxnard Public Works Department for streets and ADA improvements in La Colonia. Additionally, staff recommends funding neighborhood improvements, which potentially includes the Colonia Boxing Gym.

Staff does not recommend funding for: 1)Ventura County Community Development Corporation’s Hope to Home Down Payment Assistance application as the organization still has City CDBG funding from prior years; 2) an application to improve the Camino Del Sol Community Garden; 3)Cabrillo Economic Development Corporation’s Meta Street Apartments rehabilitation.

The CDBG recommended funding seven of the ten applications received for public service activities consists of senior services, youth services, mental health services, housing services and homeless programs to assist low- and moderate- income residents of Oxnard. Three public service activities are not recommended for funding including: 1) Many Mansion’s MM Community Services Program application, as a grant was already awarded that funds this scope of work; 2) Livingston Memorial Visiting Nurse Association’s Subsidized Care, which was an incomplete application; and 3) the Oxnard Performing Arts Center Corporation which withdrew their application.

Staff received four applications for funding from the Emergency Solutions Grant. Three applications are recommended for funding including Turning Point Foundation – Emergency Shelter, Mercy House Living Centers – Rapid Rehousing, and United Way of Ventura County – Rapid Rehousing. In addition, staff proposes to allocate funds to the Oxnard Homeless Services Division for Street Outreach, Foul Weather Shelter and HMIS activities. One application is not recommended for funding, the United Way of Ventura County – Homeless Prevention, who is anticipated to receive $300,000 of CDBG-CARES Act funds, pending an April 2, 2024 approval from City Council.

A HOME allocation in the amount of $768,867 that will remain intact until projects have been identified for use of these funds. Unlike the above grants, a specific application window is not opened for this grant, rather applicants are asked to apply when projects are ready for funding.

The complete list of the funding recommendations is included in Attachment 1, fiscal year 2024-2025 Annual Action Plan Funding Recommendation. The draft 2024-2025 Annual Action Plan is provided as Attachment 2.

Regional Consolidated Plan Amendment

New language is proposed with the Regional Consolidated Plan to support the application for a Choice Neighborhood planning grant for up to $500,000 dollars to focus revitalization efforts within two Oxnard neighborhoods including Downtown and La Colonia. In support of this grant and to further revitalization efforts, the Housing department will emphasize existing grant resources within these two communities. Concentration of efforts within the two communities require identifying them in the Five-year Regional Consolidated Plan and the 2024-2025 Annual Action Plan.

If the grant application is successful, staff proposes to apply for a $50 million-dollar award under the Choice 341
Neighborhoods Implementation Grant. In preparation of this grant, staff is incorporating the two target areas of focus in this plan for future allocations from the Community Development Block Grant program to specifically identify and support the La Colonia and Downtown neighborhoods that qualify via census tract for the grant. An amendment to the Regional Consolidated Plan is provided in Attachment 3 for review. The original Regional Consolidated Plan can be located on the City’s website in the following link: https://www.oxnard.org/city-department/housing/grants- management/ventura-county-regional-consolidated-plan-2020-2024/

Citizen Participation Plan Amendment

HUD requires that Grantees provide opportunities for the public to comment on all reports submitted to HUD for review and approval. The plan must provide a summary of citizen comments or views on the plan, a written explanation of comments not accepted and if applicable, the reasons why comments were not accepted. In accordance with these regulations, the City Council approved the last Citizen Participation Plan on May 16, 2023.

There are proposed amendments to the Citizen Participation Plan to clarify requirements and better align it with city policies. Proposed Amendments to the to the Citizen Participation Plan are as follows:

1. Section III: Updated the specified stakeholders to reach out to

2. Section IV: Added the minimum number of required hearings (by HUD) for the Consolidated Plan and Annual Action Plan. Currently, this is only listed in Section VI which only specifies Section 108 loans.

3. Section XI: Removed language regarding the Residential Anti-displacement and Relocation Assistance Act. The City creates each plan specifically for projects that trigger displacement and relocation.

4. Section XIV: Updated to reflect the definition of “substantial changes” to better align with City purchasing thresholds.

5. Throughout: Cleaned up language to better clarify acronyms and to give better direction to the community regarding accessibility to the Citizen Participation Plan.

STRATEGIC PRIORITIES

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

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

Funds identified in this report and subsequent attachments are new funding allocations. The fiscal year 2024-2025 Annual Action Plan outlines how the City of Oxnard plans to allocate its three entitlement grant programs for the FY 2024-2025 budget. This includes the 2024-2025 HUD grant allocations estimate of $2,213,917 in Community Development Block Grant, $768,867 for HOME, and $207,883 for Emergency Solutions Grant. FY 2024-25 program income is estimated at $100,000 for the Community Development Block Grant program and $100,000 for HOME program.

The grand total of available resources is estimated at $3,390,667.

(For Finance Use Only: CDBG Fund 201, HOME Fund 202, and HESG Fund 203)

COMMITTEE OUTCOME

(Community Services, Public Safety, Housing & Development Committee voted to approve unanimously.)

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS
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1. 2024-2025 Annual Action Plan Funding Recommendation

2. 2024-2025 Annual Action Plan Draft

3. 2020-2024 Regional Consolidated Plan Amendment

4. Draft Oxnard Citizen Participation Amendment, with redlines

5. PowerPoint Presentation

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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

CDBG AVAILABLE RESOURCES
HUD CDBG Allocation (ESTIMATE) 2,213,917$
Program Income 100,000$
TOTAL CDBG GRANT RESOURCES 2,313,917$

CDBG EXPENDITURES

RECIPIENT DEPT/DIV-ORGANIZATION PROGRAM NAME
ADMINISTRATION - 20%
Housing Department-Grants Management CDBG Administration & Planning $ 462,783 PUBLIC SERVICES- not more than 15%
California Lutheran University CLU Oxnard Cares: Affordable Mental Health Services for City of Oxnard Resident $ 30,500 Oxnard Cultural & Community Services
Department Palm Vista Senior Center $ 31,000 Oxnard Cultural & Community Services
Department- Recreation Police Activities League - PAL $ 105,087 Oxnard Cultural & Community Services
Department- Recreation Southwinds Youth Center $ 31,000 Oxnard Housing Authority Senior Supportive Services $ 62,000 Oxnard Housing Department- Homeless Foul Weather Shelter $ 40,000 The Salvation Army Oxnard Rental Assistance Program $ 12,500 Turning Point Foundation Our Place Safe Haven: Emergency Shelter and Multi-service Navigation Center $ 35,000 Total Public Services Projects $ 347,087

PUBLIC IMPROVEMENTS & OTHER CITY PROGRAMS
Oxnard Public Works La Colonia Neighborhood Street Resurfacing and ADA Improvement Project $ 1,000,000
Habitat for Humanity of Ventura County Habitat Home Repair Program $ 100,000 Oxnard Housing Department Neighborhood Improvements $ 404,047 Total Public Improvements & Other City Programs $ 1,504,047 TOTAL CDBG GRANT EXPENDITURES $ 2,313,917

CITY OF OXNARD
2024 ANNUAL ACTION PLAN (AAP)

FUNDING RECOMMENDATION
2024 AAP (rev 032624) CC 5-7-24 1
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HEARTH EMERGENCY SOLUTIONS GRANT (HESG)

HESG AVAILABLE RESOURCES
HUD HESG Allocation (ESTIMATE) 207,883$
TOTAL HESG GRANT RESOURCES 207,883$

RECIPIENT DEPT/DIV-ORGANIZATION PROGRAM NAME
Oxnard Housing Department-Homeless HESG Administration & Planning (7.5 %) $ 15,591 Oxnard Housing Department-Homeless Foul Weather Shelter & Homeless Management Information System $ 10,500
Oxnard Housing Department-Homeless Homeless Street Outreach- The Salvation Army $ 53,062 Mercy House Living Centers Rapid Re-Housing $ 68,730 United Way of Ventura County Forward Home: Rapid Re-Housing $ 15,000 Turning Point Foundation Our Place Safe Haven: Emergency Shelter $ 45,000 TOTAL HESG GRANT EXPENDITURES $ 207,883

HOME INVESTMENT PARTNERSHIP (HOME)
HOME Available Resources
HUD HOME Allocation (ESTIMATE) $ 768,867 Program Income $ 100,000
TOTAL HOME GRANT RESOURCES 868,867$
Oxnard Housing Department - Affordable
Housing & Rehabilitation Division (AHRD) HOME Administration & Planning (10 %) 86,886$ Oxnard Housing Department - AHRD CHDO Set-Aside (15%) 115,330$ Oxnard Housing Department - AHRD Affordable Housing Development Project 666,651$ TOTAL HOME GRANT EXPENDITURES $ 868,867 ENTITLEMENTS GRAND TOTAL $ 3,390,667
2024 AAP (rev 032624) CC 5-7-24 2
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City of Oxnard
2024 Annual Action Plan

Draft
May 2024
Prepared by:

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

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Oxnard is within Ventura County, California, located northwest of Los Angeles and southwest of Santa Barbara. Oxnard is the largest city in the county with the population of 200,415, according to the United States Census Bureau population estimates in 2022. The regulations of the United States Department of Housing and Urban Development (HUD) require that an Annual Action Plan (AAP) be submitted for each plan year within an agency's Consolidated Plan.

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

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

Goals and objectives of the community needs identified in the Regional ConPlan will be accomplished by activities specified by the City’s AAPs. With the 2024 AAP, the C ity will implement activities that continue to strive to derive positive outcomes that were set forth as goals for the Regional ConPlan period, Plan Year 2024. The current AAP will cover the period of July 1, 2024 to June 30, 2025 (plan year 2024). Herein are described the expected federal, state and local resources, the priorities and specific objectives the City desires to achieve, and the activities that will be undertaken throughout the 2024 plan year.

In recent years, the City’s allocation of entitlement grant funds from HUD has either increased or remained relatively unchanged but this year's allocation slightly decreased. The Plan year 2024 Estimated allocations are; Community Development Block Grant (CDBG) $2,213,917 a decrease of 6.4%, HOME Investment Partnerships (HOME), $768,867 and Hearth Emergency Solutions Grant (HESG), $207,883. Total Estimated HUD entitlement grant funds of $3,190,667.

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

2. Summarize the objectives and outcomes identified in the Plan 347
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City is being guided by HUD's Office of Community Planning Development Outcome Performance Measurement System to address the high priority needs stated in its Regional ConPlan. When funding an activity, the City determines which of three HUD objectives best describes the purpose of the activity. The three objectives are:
• Suitable Living Environment (SL) - In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. • Decent Housing (DH) - The activities that typically would be found under this objective are designed to cover the wide range of housing programs possible under HOME, CDBG o r HESG. This objective focuses on housing programs where the purpose of the program is to meet individual family or community needs and not programs where housing is an element of a larger effort, since such programs would be more appropriately reported under Suitable Living Environment. • Creating Economic Opportunities (EO) - This objective applies to the types of activities related to economic development, commercial revitalization, or job creation.

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

The City combines the information reported to HUD in the FY 2022 -2023 Consolidated Annual Performance and Evaluation Report (CAPER) and the directives from HUD in the determin ation and recommendation of the FY 2024 - 2025 AAP proposed projects.

The three major program areas underlining CDBG, HESG and HOME entitlement grants, such as (1) Decent and Affordable Housing, (2) Suitable Living Environment, and (3) Economic Opportunities , coupled with the Continuum of Care (CoC) of Homelessness have received a high priority in the 2020 -2024 Regional ConPlan. The goals and accomplishments for Plan year 2024 are summarized in the Annual Goals and Objectives AP -20 in the AAP.

Accomplishments achieved during the program year (PY) 2022 (July 1, 2022 through June 30, 2023) were evaluated in detail in the PY 2022 CAPER. The CAPER was completed and submitted to HUD on September 28, 2023. Due to COVID-19, programs had challenges during the pandemic to meet the annual goals in 2022-2023.

Public Services actual accomplishments total was 2,139 persons. Homeless programs provided services to 976 homeless persons, senior programs provided services to 43 persons, youth services provided services to 1,060 persons, health services programs provided services to 60 persons for Oxnard residents during FY 2022 -2023.

Down payment assistance program was awarded to a subrecipient to operate the program and the program is expected to move forward in FY 2023 -2024. The Business Assistance Loan program was delayed and is expected to move forward in FY 2023-2024.

Public Improvements and Infrastructure activities included park improvements located in low - and moderate - income areas at Community Center East Park, Wilson Par k and Pleasant Valley Park and homeless shelter building improvements for Oxnard residents city-wide. The projects are anticipated to complete in program year 2023-2024.

Clearance-Off site improvements activities at Cypress Place have commenced during the program year and will continue through FY 2023- 2024. The Court Reconstruction project that was delayed during the FY 2022- 2023 program year.

Homelessness services funded by HESG provided 79 persons with emergency shelter services, 17 households were provided rapid rehousing service, and 315 persons with street outreach services in Oxnard during FY 2022 -2023.

No rental units were constructed during the program year; however, two programs were awarded HOME funds -the first is Cabrillo Economic Developme nt Corporation’s Etting Road project, now known as Dolores Huerta Gardens, who secured all financing for the project in FY 2022- 2023. There are 11 HOME -Assisted Units included, with a total of 58 units to be constructed. The project is estimated to be comp leted in May 2025. The second is the first phase 348
of Cypress Place at Garden City project with 15 HOME-assisted units out of a total of 90 units to be constructed. The project is estimated to be completed in April 2025.

HOME-ARP: In May of 2023, HUD approve d the City of Oxnard's HOME -ARP Allocation Plan. Based on data and feedback received from the community, the City plans to use its HOME -ARP funding to support the creation of new affordable rental housing. The City plans to use its HOME ARP funding in support of proposals received from developers in need of gap financing. The City plans on committing its HOME ARP funds by June of 2024.

CARES ACT CDBG -CV: The City processed an amendment for the CDBG -CV balance of remaining funds in February 2023 in order to move forward with projects related to COVID -19. The Business Assistance Program received additional funding for businesses in Oxnard in response to economic needs created by Covid- 19. There were no awarded business grants in FY 2022-2023. The Business Assistance program anticipates awarding business grants in the next fiscal year. The Rental Assistance program was in the process of winding down for services and operational expenses incurred to close out the program. The Homeless Outreach services, operated by Ventura County Health Care Agency, provided a total of 237 people were outreached during the COVID -19 pandemic through the entire COVID response outreach program. This program consisted of two parts that worked in conjunction with each other 1) The portion described in this report that received $70,000 CDBG -CV funding, and a second portion that received $120,000 ESG -CV. The 237 -total number of clients is across both portions of the overall outreach program. The Homeless program received additional fundin g to continue homeless services in Oxnard in response to immediate needs created by Covid-19.

CARES ACT ESG -CV, emergency shelter assisted 112 persons (cumulative 523 persons), street outreach program assisted 16 persons (cumulative 521 persons) and 6 hous eholds (35 persons) were assisted with rapid rehousing in FY 2022-2023. The ESG-CV funds will continue to assist homeless persons in FY 2023 -2024.

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

As part of the AAP development, the City staff scheduled two public hearings including on February 8, 2024 and May 7, 2024.

The Public Hearing- February 8, 2024 provided the opportunity for the public to comment on unmet community needs for FY 2024- 2025 AAP. As part of the development process of the AAP, City Staff developed a mailing list of more than 60 emails and addresses consisting of organizations, service providers, Oxnard Housing Authority, Oxnard Senior Centers and cities within Ventura County were provided a copy of the public hearing in English and Spanish.

The public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximate ly 250 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website, broadcasted on the public viewing TV Channels 10/35 and posted in public buildings such as the Main Library, City Cle rk's Office and Housing Department Administration building. The public comment period started November 10, 2023 and ended on February 8, 2024. During the public comment period there were no written public comments submitted and one verbal public comment was received during the public hearing.

Second public hearing is scheduled to be on May 7, 2024 (1) to provide the opportunity to the public to comment on the projects recommended for funding for FY 2024 -2025 AAP and the draft AAP; and (2) to receive recommendations and direction from the City Council regarding the FY 2024 -2025 AAP grant funding. This will be updated after the meeting.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Par ticipation section of the Con Plan.

First Public Hearing: February 8, 2024
During the first Public Hearing, there was one verbal comment submitted. In addition, no written comments were submitted during the public comment period.

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Comment: Sam Carr at Habitat for Humanity of Ventura County for the Home Repair Program. The program provides services to low income homeowners with critical home repairs. Habitat for Humanity is looking to apply for CDBG funding to better serve community members within the City of Oxnard. Sam provided the history about the organization.

Second Public Hearing: May 7, 2024
Public comments will be updated after the meeting.

6. Summary of comments or views not accepted and the reasons for not accepting them During the first Public Hearing, all comments were accepted.

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

7. Summary
The City is committed to provide funds that serve the most disadvantaged residents while following HUD’s directives. The City increased awareness of the Annual Action Plan’s public review activities and process by providing the public notice in various ways.

The City sent notices of the public hearing in English and Spanish to more than 60 emails and addresses consisting of organizations, service providers; Oxnard Wilson Senior Center -Special Population Services for persons with disabilities, Oxnard Housing Authority, Multi Service Center -Resident Services in Oxnard Colonia neighborhood, Oxnard Senior Centers and cities within Ventura Count y. The public hearing notices in English and Spanish were included in the Neighborhood News packets which were distributed weekly for a month prior to the public meeting to approximately 250 Oxnard residents. The public hearing notice was published in the Vida newspaper in English and Spanish, posted on the City website, broadcasted on the public viewing TV Channels 10/35 and posted in public buildings such as the Main Library, City Clerk's Office and Housing Department Administration building.

The Public H earings comply with the Americans with Disabilities Act. If the public requires special assistance to participate in a meeting, the individual would contact the City Clerk’s Office. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for persons accessibility to the meeting. This notation is included on all city Agenda’s.

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

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

Agency Role Name Department/Agency
Lead Agency Oxnard
CDBG Administrator Oxnard Housing Department
HOPWA Administrator

HOME Administrator Oxnard Housing Department
ESG Administrator Oxnard Housing Department
HOPWA-C Administrator

Table 1 – Responsible Agencies
Narrative (optional)
350
The City of Oxnard has designated the Housing Department’s Grants Management Division to develop the Annual Action Plan, the Comprehensive Annual Performance and Evaluation Report, and the Regional Consolidated Plan.

The Housing Department’s Grant Management Division implements and administers programs and activities under the Plan.

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

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

The regional consolidated plan and the annual action plan represent a comprehensive planning effort mainly led by Housing Department-Grants Management Division staff, with involvement of (1) local government experts; (2) the social services community; (3) residents; and, (4) consultation wit h other local HUD entitlement communities. The following items are examples of the consultation efforts:
• Grants Management Division staff work closely with other City staff members such as: Affordable Housing and Rehabilitation; Homeless Assistance Program ; Development Services; Utilities; Treasury; Oxnard Housing Authority; Community Development Services; Code Compliance; Geographical Information System; Recreation and Community Services; and Finance to ensure that careful consideration is given to the City's identified needs, and that programs and services are cost -effective and meet specific goals and objectives in order to develop and implement the Regional ConPlan and the AAP. • City staff members in the Department or Divisions; Affordable Housing and Reh abilitation, Homeless Assistance Program, Development Services, Utilities, Treasury, Oxnard Housing Authority, Community Development Services, Code Compliance, Geographical Information System, Recreation and Community Services and Finance provide supportive services as needed to accomplish ConPlan development efforts. • Housing staff during the fiscal year cycle continue to provide HUD program workshops to social service agencies and the opportunities for the residents to participate in the public hearings. • The Housing staff finalized the City of Oxnard Analysis of Impediments to Fair Housing (AI), which is required by HUD to be submitted once every five years. In January of 2019, the City and the County of Ventura agreed to collaborate on the production of th e AI, which was completed and adopted by the Oxnard City Council in May of 2020.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))

The City consulted with the agencies and organizations while preparing the AAP, through public hearings, workshops, forum meetings, and training sessions (individuals and group discussions):
• The City of Oxnard City Council will conduct two (2) public hearings, on 2/8/24 and 5/7/2024, as prescribed in the Citizen Participation Plan.
• Grants Management Division staff held four (4) community meetings on 1/18/24, 1/24/24, 2/1/24 and 2/8/24 to obtain input from the community.
351
• Grants Management Division staff held two (2) grant application workshops on 1/10/24 and 1/17/24 to interested parties to apply for grant funding.
• Resident Input of Community Need Plan Year 2024 Survey was available on the Housing Department, Grants Management website from December 15, 2024 to March 15, 2024 and a survey flyer was distributed weekly in the city neighborhood newsletter.
• A community Fair Housing workshop, free to the public, was conducted by the Housing Rights Center seminar was scheduled on February 21, 2024-Tenants and March 6, 2024 - Landlord. • Consultations with two affordable housing developers (People Self-Help Housing and Many Mansions) were held throughout the year;
• Attended the regional Continuum of Care (CoC) board and subcommittee m eetings to discuss the application, homeless needs and program directions and strategies; • The City of Oxnard Commission on Homelessness conducts monthly meetings; • Facilitate monthly meetings bringing together service providers and the Police Department’s Homeless Liaison Unit to coordinate services and planning;
• City Lead for Ventura County annual Homeless Point in Time Count; • Participate in monthly Community Intervention Court meetings with the Oxnard Police Department, service providers, and City Attorney's Office.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Ventura County Continuum of Care Alliance (CoC) is a regional consortium covering all communities in Ventura County. The CoC is a collaborative group dedicated to promoting a safe, desirable and thriving community by ending homelessness in Ventura County. The CoC is comprised of a Board of Directors and five sub committees (Homeless Management Information System (HMIS) Steering Committee, Data Performance and Evaluation, Public Information and Outreach, Coordinated Intake, and Housing Ser vice and Coordination). Within these standing committees and the CoC body, are representatives from local housing authorities, homeless service providers, homeless health care, mental health, veterans' services, law enforcement, education, local homeless t ask forces, business leaders and city/county government representatives.

The coordination of housing assistance and services for homeless persons continues to be implemented through a broad range of public and private funding and service providers that rea ch: chronically homeless individuals and families with children, veterans, unaccompanied youth, the recently homeless and those at risk of becoming homeless. Other entities involved in the development of policy and implementation of the provision of servic es include the City Council-appointed Commission on Homelessness, regional bodies such as the CoC Alliance, CoC Data Committee, and CoC Board.

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

City staff continue to work with the CoC to develop performance standards for and evaluation of outcomes for ESG- funded projects and activities. Through participation on regional sub-committees staff also continue to inform HMIS policies, procedures, operations and administration.
352

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and othe r entities Table 2- Agencies, groups, organizations who participated on next page.

Table 2 – Agencies, groups, organizations who participated Agency, Group or Organization CITY OF OXNARD
Agency, Group or Organization
Type
PHA
Services – Housing
Services-homeless
Service-Fair Housing
Grantee Department
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs – Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the Agency,
Group, or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?

The City of Oxnard Public Housing Authority and the Affordable Housing Division are under the direction of the Housing Director of the City of Oxnard, as is the Grants Management Division. A bi-monthly management meeting was held for all Housing staff, including OHA staff. The topics were comprehensive and specific with detailed instructions on handling the issues which can be related to housing, homelessne ss and/or community partnership. Because the OHA is a component unit of the City and a Division of the City Housing Department, coordination occurs on a daily basis.

Agency, Group or Organization MERCY HOUSE
Agency, Group or Organization
Type

Services-homeless
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
353
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Discussed outreach, case management and homeless services provided by Mercy House to support overnight shelter for the homeless.

Agency, Group or Organization PEOPLES SELF HELP
Agency, Group or Organization
Type

Non-Profit
What section of the Plan was
addressed by Consultation?

Housing Need Assessment
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?

During the current fiscal year People Self-Help Housing submitted a funding application requesting HOME -ARP program funding for the development of a 100% affordable housing development, known as Cypress Place at Garden City Phase 2. A total of $1,200,000 in HOME -ARP funding is being requested for the second phase, which will include a total of 60 rental units.

Staff is currently reviewing their application.

Agency, Group or Organization Many Mansions
Agency, Group or Organization
Type
Non-Profit CHDO
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?

During the current fiscal ye ar Many Mansions submitted a funding application requesting HOME -ARP program funding for the development of a 100% affordable housing development, known as the Aspire Apartments, which will include 88 units. In March 2024 Staff issued a conditional award letter to Many Mansions a $1,200,000 HOME -ARP loan for development of the project. Final award of funding is conditional on the developer securing all required funding for the project and satisfying all HOME-ARP pre-funding commitment requirements.

Agency, Group or Organization THE KINGDOM CENTER
Agency, Group or Organization
Type

Services – Housing
Services-Children
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was
addressed by Consultation?

ADA compliance and resource development
354
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Kingdom Center was toured by staff and determined areas of the facility that could be upgraded, enhanced and modified to promote greater access for persons with disabilities. In 2020-2021, architectural plans were completed for the project, and it is anticipated that the construction phase of the project will commence in 2023. The project includes not only ADA improvements and increased accessibility in the exterior of the complex, but also an expansion of bathroom capacity to meet the needs of the client population.

Agency, Group or Organization County of Ventura Human Services Agency Agency, Group or Organization
Type
Services-homeless
Services-Health
Other government - County
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs – Veterans
Homelessness Needs - Unaccompanied youth
Lead-based Paint Strategy
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?

Created and imple mented a coordinated plan conducting encampment response at a large homeless encampment. The City conferred with the Ventura county Public Health Department regarding addresses of housing units wherein children have been identified as lead-poisoned in the City of Oxnard. Prior to implementation of the 2024 Annual Action Plan, the City will receive a list of addresses if such a list exists. Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and action s taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance wi th HUD's HOME or CDBG regulations for lead -based paint, as applicable inspections requirements. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant househ
olds reporting or having been
discovered to have poisoned children or any child with "Environmental Intervention Blood Lead Level"(EBLL). OHA staff provides a brochure related to lead based paint hazards to all new program participants and tenants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.

Agency, Group or Organization Housing Rights Center
Agency, Group or Organization
Type

Service-Fair Housing
355
What section of the Plan was
addressed by Consultation?
Fair Housing, Discrimination
Briefly describe how the Agency,
Group or Organization was
consulted. What are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City contracts with a professional fair housing service provider, the Housing Rights Center (HRC), through a regional agreement with the County of Ventura. The HRC provides fair housing counseling, discrimination complaint investigation, complaint processing, and dispute resolutions services for Oxnard tenants, home seekers, and housing providers. In addition, twice every year the HRC staff provides free fair housing training seminars for the public, along with a bi -annual training presented to the staff of the Oxnard Housing Authority and city housing staff on their fair housing obligations and responsibilities.

Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable
Other local, regional, state or federal planning efforts considered wh en preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Ventura County
CEO's Office
The goals of the Strategic Plan overlap with the goals of each plan by ensuring homeless persons have access to adequate services to help reduce the incidence of homelessness.

Oxnard
Housing
Authority
Agency Plan

Oxnard Housing
Authority

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

City of Oxnard
Housing
Element

State of California
Housing and
Community
Development

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

Regional
Housing Needs
Allocation
Southern California
Association of
Governments

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

356
Table 3 – Other local, regional or federal planning efforts Narrative (optional)
Implementation of the 2024 Action Plan requires coordination and compliance with the local and regional needs established by the City of Oxnard, County of Ventura, Southern California Association of Governments and the State of California.

California state law requires Metropolitan Planning Organizations (MPOs) to determine the existing and projected housing need for their regions. The County of Ventura and City of Oxnard are part of the Southern California Association of Governments (SCAG) MPO, which also includes Los Angeles, Orange, Riverside, San Bernardino, and Imperial counties. For each Housing Element plann ing cycle, SCAG determines the share of existing and projected housing need by affordability level using the Regional Housing Need Assessment (RHNA) process for its 192-member jurisdictions.

City of Oxnard’s General Plan contains a Housing Element that mak es “adequate provision for the existing and projected housing needs of all economic segments of the community.” The Housing Element must be revised and updated every eight years after 2010 due to SB 375 which made changes to better align the schedule for r egional housing needs assessments and local government housing element updates with schedules for adopting regional transportation plans (RTPs). A community is not obligated to actually construct housing to all in need but the Housing Element establishes programs to accommodate, facilitate, and provide policies for the construction of housing in all income categories. The Housing Element also identifies locations where affordable housing, including special needs housing, will be accommodated, and provides t he necessary zoning and general plan land use designations to facilitate the construction of affordable housing on key parcels which have been contemplated for affordable housing in prior housing element cycles. RHNA is integral to the development of a Sus tainable Community Strategy (SCS). The Housing Element is a planning document, which establishes the City's plan for meeting the jurisdictions eight-year RHNA allocation. The Housing Element establishes local densities to achieve RHNA housing allocations, as well as Housing Element programs to achieve RHNA goals while meeting the City’s approach at achieving SCAG’s SCS’s, and RTP goals.

The time frame during which housing accomplishments towards the RHNA can be counted (RHNA cycle) is June 30, 2021 through October 15, 2029. The City seeks to conserve and rehabilitate existing housing as well as provide opportunities for new development. The 2021-2029 RHNA determined that 2,911 units are required to be affordable to lower income households and 1,538 are affordable to moderate income households over the eight-year cycle.

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

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

AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process and Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of Oxnard follows the guidance established in the Oxnard Citizen Participation Plan (OCPP) approved on July 10, 2018, which upda tes the local procedures pursuant to the requirements of Title 24, CFR Section 91.105(a). The OCPP was amended to include the CARES Act Addendum on October 6, 2020 and the OCPP was amended on May 16, 2023.

The Oxnard Citizen Participation Plan sets forth t he procedures for the development of the annual action plan, the consolidated plan, and any substantial amendments to these plans, as well as procedures for the preparation of the 357
comprehensive annual performance and evaluation and the assessment of fair housing. (See Attachments: Grantee Unique Appendices)
The City of Oxnard encourages citizen participation by consulting with citizens, public service organizations, City staff and allows public comments and public input throughout the development process of the plans addressed in the citizen participation plan. City of Oxnard aids citizens that are unable to speak English, minorities and those with disabilities to participate in the process of developing the plans addressed in the citizen participation plan. The 2024 AAP was developed in conjunction with residents and organizations through a public participation process that included workshops and public hearings conducted by City staff:
1) Two public hearings were held; the first public hearing, 2/8/2024 and the final public hearing, 5/7/2024 were before City of Oxnard City Council where citizen's public comments were allowed are required by the citizen participation plan;
2) Four community meetings were held by the Housing Department staff; the community meetings were on 1/18/24, 1/24/24, 2/1/24 and 2/8/24 to obtain input from the community; 3) Two workshops for CDBG and HESG programs conducted by Housing Department staff, followed up by consultations, as well as, providing technical assistance to the communi ty and agencies (service providers) through emails, phone conversations, and meeting; the community meeting were held on 1/10/24 and 1/17/24;

4) All applications for funding were reviewed by Housing - Grants Management staff for eligibility and grants compliance and then forwarded to management;
5) Meetings are conducted by Housing – Grant management staff for sub-recipients awardees; 6) Other workshops and meetings were handled by Affordable Housing staff and Fair Housing staff; 7) Meetings attended and pa rticipated by Homeless Assistance Program staff related to CoC and Emergency Solutions Grant
Citizen Participation Outreach
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
Public
Hearing
Minorities
Non-English
Speaking
Specify
other
language:

Spanish
Persons
with
disabilities
Non-
targeted or
broad
community
Public Hearing occurred on
February 8, 2024;
Four persons attended the
public hearing.

First Public Hearing- no written
comment and one verbal comment
was received. The verbal comment
was from Habitat for Humanity of
Ventura County for the HOME
Repair Program. The program
provides services to low income
homeowners with critical home
repairs. Habitat for Humanity is
looking to apply for CDBG funding to
better serve community members
within the City of Oxnard. Habitat
for Humanity provided the history of
the organization.

All
comments
accepted
358
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
Residents of
Public and
Assisted
Housing
Newspaper
Ad
Non-
targeted
and broad
community
Advertisement for the
public hearing notice and
the 30-day public
comment period was
published in the Vida
newspaper in English and
Spanish on January 11,
2024.

Notices were broadcasted
on Public Channel 10 and
35,
Public Notices mailed to
Oxnard Residents
Notices were posted on
the City of Oxnard website
both in Spanish and
English.

No comments were received
No
comments
were
received
Community
Meetings
Minorities
Non-English
Speaking
Specify
other
language:

Spanish
Persons
with
disabilities
Non-
targeted or
broad
community
Residents of
Public and
Assisted
Housing
One person attended the
community meeting.

The community meetings
were located at the Oxnard
Public Library on 1/18/24,
Community Room at
Terraza De Las Cortes on
1/24/24
South Oxnard Center
2/1/24 and
Virtual meeting on 2/8/24.

Comments were The Resident stated
he resides in Hobson Park East
community and the Excello
bathroom is installed and in use. He
would like a mural in the park with a
youth art component. The
playground is installed but fenced
off and not finished yet. Biggest
improvements need to be removing
the old restroom. The old restroom
is a nuisance and disgrace, not
usable, drug crime and
vagrants. The new lights need to be
stronger. They look like night lights.

Resident stated: Improve quality of
life in the neighborhood, safety in
parks, and Community Center East
park most dangerous. Applying for
CDBG funds but not a non-profit
organization. Discussion about
community housing development
organizations (CHDO) and the
All
comments
accepted
359
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
neighborhood council. Downtown
Oxnard to have live/work housing
with a 5-story building and business
on the first floor. The Tierra Vista
neighborhood needs a park.

Resident
Survey
Minorities
Non-English
Speaking
Specify
other
language:

Spanish
Persons
with
disabilities
Non-
targeted or
broad
community
14 people submitted
Resident surveys to
provide needs in the
community. Survey
provided in English &
Spanish
Comments were

1.) Accessibility- in terms of
navigating city rules and
affordability. Make permitting,
restrictions, and fees simpler, less
arduous, and more flexible: For
entrepreneurs, people are trying to
hustle and the city puts up
roadblocks. We, and many others
we talk with, chose to relocate (or
close) our businesses because the
permitting, restrictions, and
licensing was easier anywhere else
and we no longer wanted to work
with the City. None of the options
for "economic development" in this
survey would affect that decision.

For residents, fees are
disproportionate to other cities in
the county - even wealthier, higher
median-income cities - and
therefore inaccessible to many
based on our city's median income.

For example, fees for using park
facilities. They are more expensive
than elsewhere in the county,
sometimes by 5-10x, and therefore
inaccessible to the residents of the
city they are supposedly for.

Another example are the short-term
rental rules that favor wealthier
residents with multiple homes.

Because of how expensive the fees
are, the only people who can afford
to do it are those who do so full-
time, which favors a small
percentage of Oxnard's residents,
and also worsens the housing
situation here. Those who want to
do so part-time, or part of their
All
comments
accepted
360
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
residence, who need small
supplemental income without giving
up their only home can't afford to.

While the city claims to be on board
with these goals, they seem
unwilling to make reasonable
compromises necessary to do so. For
example, the Microenterprise Home
Kitchen Operations is already a state
law, but the city voted not to
recommend Ventura County allow
it. They discussed building a
commercial kitchen instead, which
would still be inaccessible to many
microbusinesses, and even they
were very particular about how to
go about it and reflected a very
specific, non-inclusive set of values
and viewpoints that dismissed the
values and concerns expressed by so
many others. I have heard from
businesses, residents, and
contractors with the city that the
permitting process (across the
board) is the most demanding and
difficult to work with. This is the
primary "need" I would want to see
addressed;

2.) Sanitary & Graffiti clean-up;

3.) Facade Improvements, Small
Business Expansions, Daycare
Assistance, At-risk Homelessness,
Educational Opportunities such as
field trips for local students and
career exploration and planning for
them;

4.) A hub or community space for
entrepreneurs to gather and create
an ecosystem to assist each other,
take classes, etc.;

5.) The Housing Portal needs to be
translated into Spanish;

6.) Can we get rid of the performing
arts to build more housing;
361
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
Comment #7 through #10 are
attached to the Annual Action Plan.

Public
Hearing
Minorities
Non-English
Speaking
Specify
other
language:

Spanish
Persons
with
disabilities
Non-
targeted or
broad
community
Residents of
Public and
Assisted
Housing
Low- and
mod-
income
Oxnard
residents
Second public hearing will
be held on May 7, 2024
2nd Public Hearing comments - will
be updated after the meeting.

All
comments
will be
accepted
Newspaper
Ad
Non-
targeted or
broad
community
Advertisement for 2nd
public hearing notice and
the30-day public comment
period will be published in
the Vida newspaper in
English and Spanish on
April 4, 2024; English and
Spanish versions of Notices
will be broadcasted on
Public Channel 10 and 35,
Public Notices regarding
Public Hearings will be sent
out to Oxnard Residents,
60 notices mailed out and
emailed, and Notices will
be posted on the City of
Comments will be updated after the
meeting.

All
comments
will be
accepted
362
Mode of
Outreach
Target of
Outreach
Summary of response and
attendance Summary of comments received
Summary of
comments
not
accepted
and reasons
Oxnard website both in
Spanish and English.

Internet
Outreach
Non-
targeted or
broad
community
Not Measured No comments received
No
Comments
Received
Table 4 – Citizen Participation Outreach
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In Plan year 2024, the ESTIMATED formula grant calculations of HUD allocations to City of Oxnard are CDBG $2,213,917, HOME $768,867 and HESG $207,883, a total of $3,190,667 in entitlement grants from HUD. In addition, estimated program income of $100,000 for CDBG programs and $100,000 for HOME programs. This will increase total available resources from the 2024 Plan year to $3,390,667. The source of program income comes principally from repayment of loans and recaptures from defaults. Those funds will be used towards meeting the goals and objectives of the 2024 AAP.

Anticipated Resources
Program
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description Annual
Allocation
Program
Income
Prior Year
Resources Total
CDBG public
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services
2,213,917 100,000 0 2,313,917 697,212
Block grant from
HUD to address
housing, community
development, and
economic
development
needs.2024 CDBG
ESTIMATE Allocation
and Program income
is $2,313,917
available resources
from CDBG Plan year
2024. Uses of the
available resources
will be according to
the funding priorities
set forth in the
ConPlan. The specific
363
Program
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description Annual
Allocation
Program
Income
Prior Year
Resources Total
Activities will be set
up in IDIS. The uses
of funds will be
capped according to
the HUD regulations
for: (1) Admin and
Planning – no more
than 20%, or
$462,783 and (2)
Public Services up to
15%, or $347,087.

The 2024 balance will
be distributed as
Public Improvements
& Other Programs as
detailed by the City
during the AAP
process.

HOME Public
federal
Acquisition
Homebuyer
assistance

Homeowner
rehab

Multifamily
rental new
construction
Multifamily
rental rehab

New
construction
for ownership

TBRA
768,867 100,000 0 868,867 0
Grant from HUD to
address affordable
housing needs. In
plan year 2024,

HOME ESTIMATE
Allocation is $768,867
and expected
program income is
$100,000; total of
$868,867. Uses of
funds are;
(1) Administration -
no more than 10% or
$86,886 and
(2) CHDO Set Asides -
at 15% or $115,330.

In addition, $666,651
is available for
housing
development. In
addition to the CHDO
set-aside.

ESG Public
federal

Conversion
and rehab for 207,883
0 0 207,883 0
Grant from HUD to
address needs and
services for homeless
364
Program
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description Annual
Allocation
Program
Income
Prior Year
Resources Total
transitional
housing
Financial
Assistance
Overnight
shelter

Rapid re -
housing
(rental
assistance)
Rental
Assistance

Services
Transitional
housing

persons or persons at
risk of becoming
homeless. Plan year
2024 ESTIMATE
available resources
for HESG is $207,883.

The limited
availability of HESG
resources is spread
across the uses
identified in this
table.
1) HESG
Administration and
Planning costs are no
more than 7.5% or
$15,591 and
(2) Emergency
Shelter and Street
Outreach cost is no
more than 60%, or
$124,729. The 2024
balance will be
distributed as
Homeless Prevention,
HMIS, & Rapid Re -
Housing eligible
activities as detailed
by the City during the
AAP process.

Other Public
federal

Other
0 0 0 0 0
Allocated in PY 2020,
$5,255,055 in ESG -CV
funding to prevent,
prepare for, and
respond to the
coronavirus
pandemic among
individuals and
families who are
homeless or receiving
homeless prevention
activities to mitigate
impacts of COVID-19

365
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds are leveraged, although not required, by city and subrecipients providers with government agency, in- kind, private foundations and contributions monies who provide services to low/moderate income persons.

Affordable housing developments utilizing HOME funds typically use HOME monies to leverage millions of dollars in state, federal, and private financing. HESG funds are matched dollar for dollar by non-profit agencies providers with government agency, in -kind, private foundations, Ventura County Continuum of Care monies w ho provide critical services such as assisted housing, services and shelter to vulnerable populations who are at -risk of becoming homelessness or homeless persons and families. HESG funds are matched dollar for dollar by Subrecipients.

This fiscal year the City will apply for the Neighborhood Choice Initiative grant. In the grant, the City will target two specific neighborhoods within the grant application – the South Oxnard neighborhood and La Colonia. CDBG, HOME, and ESG funding will also have a focus in these neighborhoods within the 2024-25 program year and the subsequent five years to come
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The city property leased for homeless shelter at 1450 South Rose Avenue, Oxnard, CA Temporary Emergency at 351 South K Street, Oxnard, CA
Oxnard Housing Authority Public Housing Sites
There is a balance of $3.1 million in CDBG funding carryover that is planned for acqui sition, demolition, and rehabilitation of proposed housing and commercial development to benefit low - and moderate-income residents.

Discussion
The resources for 2024 AAP will accomplish more activities but will not meet all the needs prevalent throughout the city.

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

Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year

End
Year

Category Geographic
Area

Needs
Addressed

Funding Goal
Outcome
Indicator

1 Improve
Supply of
Affordable
Housing
2020 2024 Affordable
Housing

NA New Rental
Housing
Rehabilitation &
Preservation of
Existing Housing
CDBG:
$100,000

HOME:
$781,981

Rental units
constructed:
5 Household
Housing Unit
Homeowner
Housing
Rehabilitated:
366
Sort
Order
Goal Name Start
Year
End
Year

Category Geographic
Area

Needs
Addressed

Funding Goal
Outcome
Indicator

7 Household
Housing Unit
2 Enhance
Economic
Stability
2020 2024 Non-Housing
Community
Development

NA Increase Job Skills
Facade
Improvements
Local
Entrepreneurship

CDBG: $0

Facade
treatment
and business
building
rehabilitation:
0 Business

Jobs created
or retained: 0
Jobs
Businesses
assisted: 0
Businesses
Assisted

3 Increase Social
Services

2020 2024 Non-Homeless
Special Needs
NA Assistance for
Senior Residents
Social Services
Youth Activities
and Services
Homelessness
CDBG:
$347,087

Public service
activities
other than
Low- and
Moderate-
Income
Housing
Benefit: 450
Persons
Assisted

4 Work to End
Homelessness
2020 2024 Homeless NA Homelessness ESG:
$207,883

Tenant-based
rental
assistance
and Rapid
Rehousing: 11
Households
Assisted
Homeless
Person
Overnight
Shelter: 14
Persons
Assisted

Other: 75
Other
367
Sort
Order
Goal Name Start
Year
End
Year

Category Geographic
Area

Needs
Addressed

Funding Goal
Outcome
Indicator

5 Create Quality
Neighborhoods
2020 2024 Non-Housing
Community
Development

NA Streets and
Streetscapes
Disaster Planning
and Recovery
Utilities and
Public
Infrastructure

CDBG:
$1,404,046

Public Facility
or
Infrastructure
Activities
other than
Low- and
Moderate-
Income
Housing
Benefit:
17,000
Persons
Assisted

6 Effective
Administration

2020 2024 Planning and
Administration
NA New Rental
Housing
Housing Support
and Stability
Homeownership
Opportunities

Rehabilitation
and Preservation
of Existing
Housing
Assistance for
Senior Residents
Increase Job Skills
Facade
Improvements

Local
Entrepreneurship
Social Services
Youth Activities
and Services
Homelessness
Streets and
Streetscapes
Parks and
Community
Space
Disaster Planning
and Recovery

CDBG:
$462,783

HOME:
$86,886
Other: 0
Other
368
Sort
Order
Goal Name Start
Year
End
Year

Category Geographic
Area

Needs
Addressed

Funding Goal
Outcome
Indicator

Utilities and
Public
Infrastructure
Table 2 – Goals Summary
Goal Descriptions
1 Goal Name Improve Supply of Affordable Housing
Goal
Description

Create and preserve stable, safe, and resilient affordable housing opportunities for homeowners and renters including special needs groups such as farmworkers, persons with disabilities, and the elderly throughout Ventura County.

2 Goal Name Enhance Economic Stability
Goal
Description

Enhance economic stability and prosperity by increasing economic opportunities for residents through job skills training and promotion of local entrepreneurship. 3 Goal Name Increase Social Services
Goal
Description

Increase access to homeless services, mental health, and wellness services, youth activities, senior activities, and social service activities for residents.

4 Goal Name Work to End Homelessness
Goal
Description

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

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

6 Goal Name Effective Administration
Goal
Description
Create and maintain effective housing and community development programs that address the priority needs listed within the Consolidated Plan, comply with all U.S. Housing and Urban Development (HUD) requirements, and achieve the goals and objectives set out by each Ventura County jurisdiction.

Projects
AP-35 Projects – 91.220(d)
Introduction
369
These are 2024 Plan year Projects designed to accomplish the goals and objectives of the 2024 AAP. The 2024 Projects will organize Activities in IDIS under the Projects setup in this section of AAP. The Proj ects are New Rental Housing, Rehabilitation & Preservation of Existing Housing, Assistance for Senior Residents, Other Public Services, Youth Activities and Services, Homeless Assistance, Public Improvement & Infrastructure, Street & Streetscapes and Administration and Planning.

Projects
# Project Name
1 NEW RENTAL HOUSING
2 REHABILITATION & PRESERVATION OF EXISTING HOUSING
3 ASSISTANCE FOR SENIOR RESIDENTS
4 OTHER PUBLIC SERVICES
5 YOUTH ACTIVITIES AND SERVICES
6 HOMELESS ASSISTANCE
7 PUBLIC FACILITY & IMPROVEMENT
8 STREET AND STREETSCAPES
9 ADMINISTRATION
Table 3 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are based on the annual needs identified in coordination with other city departments. Public service allocations are determined by the participation from other providers to meet the goals of the ConPlan. HOME funds are balanced between development projects and single -family housing needs. HESG allocation are targeted exclusively for the needs of the homeless population.

AP-38 Project Summary
Project Summary Information
1 Project Name NEW RENTAL HOUSING
Target Area NA
Goals Supported Improve Supply of Affordable Housing
Needs Addressed New Rental Housing
Funding HOME: $781,981
Description PARTICIPATION IN HOUSING DEVELOPMENT FUNDING ASSISTANCE 370
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
5 LOW- AND MODERATE-INCOME HOUSEHOLDS
Location Description CITY OF OXNARD, CALIFORNIA
Planned Activities FINANCIAL ASSISTANCE TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FOR THE DEVELOPMENT OF AT LEAST 5 HOUSING UNITS FOR LOW- AND MODERATE -INCOME HOUSEHOLDS IN OXNARD. THIS PROJECT INCLUDES 15% OF HOME ALLOCATION SET ASIDE FOR CHDO'S, OR $115,330 2 Project Name REHABILITATION & PRESERVATION OF EXISTING HOUSING Target Area NA
Goals Supported Improve Supply of Affordable Housing
Needs Addressed Rehabilitation & Preservation of Existing Housing Funding CDBG: $100,000
Description REHABILITATION OF HOMEOWNER UNITS TO INCREASE THE QUALITY OF

AFFORDABLE RENTAL HOUSING UNITS AND/OR PRESERVE HOUSING AFFORDABILITY.

Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
7 LOW- AND MODERATE-INCOME HOUSEHOLDS HOUSING UNITS
Location Description VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities HABITAT FOR HUMANITY OF VENTURA COUNTY WILL PROVIDE HOMEOWNER

REHABILITATION ASSISTANCE FOR LOW- AND MODERATE -INCOME HOUSING HOUSEHOLDS IN OXNARD.
3 Project Name ASSISTANCE FOR SENIOR RESIDENTS
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Assistance for Senior Residents
371
Funding CDBG: $93,000
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2024 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR SENIOR SERVICES TO INCREASE THE QUALITY OF LIFE.

Target Date 6/30/2025
Estimate the number
and type of families that
will
benefit from the
proposed activities
107 PERSONS WILL BE ASSISTED WITH SENIOR SERVICES
Location Description CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) ASSISTING WITH SENIOR SERVICES NEEDS BY OXNARD HOUSING AUTHORITY AND CITY OF OXNARD RECREATION AT 2) PALM VISTA SENIOR CENTER
4 Project Name OTHER PUBLIC SERVICES
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Social Services
Funding CDBG: $118,000
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2024 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR HOMELESS SERVICES, MENTAL HEALTH SERVICES AND RENTAL ASSISTANCE SERVICES.

Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
25 LOW- AND MODERATE -INCOME INDIVIDUALS WILL BE ASSISTED WITH MENTAL HEALTH SERVICES, 5 INDIVIDUALS WILL BE ASSISTED WITH RENTAL ASSISTANCE AND 28 HOMELESS INDIVIDUALS WILL BE ASSISTED WITH EMERGENCY SHELTER AND SERVICES.

Location Description CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1) EMERGENCY SHELTER SERVICES FOR HOMELESS BY TURNING POINT

FOUNDATION,
2) FOUL WEATHER SHELTER FOR HOMELESS BY CITY OF OXNARD HOUSING 3) RENTAL ASSISTANCE WILL BE PROVIDED BY THE SALVATION ARMY, AND 4) MENTAL HEALTH SERVICES BY CALIFORNIA LUTHERAN UNIVERSITY 372
5 Project Name YOUTH ACTIVITIES AND SERVICES
Target Area NA
Goals Supported Increase Social Services
Needs Addressed Youth Activities and Services
Funding CDBG: $136,087
Description PUBLIC SERVICES SUBJECT TO 15% CAP OF 2024 CDBG ALLOCATION AND PROGRAM INCOME. FUNDING FOR YOUTH RECREATIONAL AND EDUCATIONAL PROGRAMS; YOUTH FROM LOW-AND MODERATE-INCOME HOUSEHOLDS.

Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
285 YOUTH WILL BE ASSISTED WITH YOUTH SERVICES AND RECREATIONAL AND

EDUCATIONAL PROGRAMS IN LOW- AND MODERATE-INCOME NEIGHBORHOODS Location Description CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities CITY OF OXNARD RECREATION AT
1) POLICE ACTIVITIES LEAGUE AND
2) SOUTHWINDS YOUTH CENTER
6 Project Name HOMELESS ASSISTANCE
Target Area NA
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding ESG: $207,883
Description HEARTH EMERGENCY SOLUTIONS GRANT FUNDS TO PROVIDE FINANCIAL

ASSISTANCE TO VARIOUS SERVICE PROVIDERS FOR EMERGENCY SHELTER AND STREET OUTREACH SUBJECT TO 60% CAP; HOMELESS PREVENTION, RAPID RE -

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

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

373
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
EMERGENCY SHELTER WILL BE PROVIDED TO 14 INDIVIDUALS; STREET OUTREACH WILL BE PROVIED TO 75 INDIVIDUALS; AND RAPID REHOUSING WILL BE PROVIED TO 11 HOUSEHOLDS
Location Description CITY-WIDE; VARIOUS LOCATIONS THROUGHOUT CITY OF OXNARD Planned Activities 1)TURNING POINT FOUNDATION WILL PROVIDE EMERGENCY SHELTER 2) MERCY HOUSE WILL PROVIDE RAPID REHOUSING
3) UNITED WAY OF VENTURA COUNTY WILL PROVIDE RAPID REHOUSING AND

CITY OF OXNARD WILL PROVIDE
4) STREET OUTREACH
5) FOUL WEATHER SHELTER
6) HMIS ACTIVITIES, AND
7) ADMINISTRATION AND PLANNING
7 Project Name PUBLIC FACILITY & IMPROVEMENT
Target Area NA
Goals Supported Create Quality Neighborhoods
Needs Addressed Utilities and Public Infrastructure
Funding CDBG: $404,046
Description NEIGHBORHOOD IMPROVEMENTS WITHIN LOW - AND MODERATE -INCOME AREAS
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities

THIS PROJECT WILL ACCOUNT FOR A NEIGHBORHOOD IMPROVEMENT IN LOW - AND MODERATE-INCOME CENSUS TRACT NEIGHBORHOOD, ESTIMATED AT 7,000

PERSONS
Location Description LOW- AND MODERATE-INCOME AREAS
Planned Activities NEIGHBORHOOD IMPROVEMENT IN LOW - AND MODERATE -INCOME AREA IN OXNARD
8 Project Name STREET AND STREETSCAPES
Target Area NA
374
Goals Supported Create Quality Neighborhoods
Needs Addressed Streets and Streetscapes
Funding CDBG: $1,000,000
Description STREET IMPROVEMENT AND SIDEWALKS WITH ADA ACCESS RAMPS WITHIN LOW-

AND MODERATE-INCOME AREAS
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities

THIS PROJECT WILL ACCOUNT FOR A STREET IMPROVEMENT IN LOW- AND MODERATE-INCOME CENSUS TRACT NEIGHBORHOOD, ESTIMATED AT 7 ,000

PERSONS
Location Description LOW- AND MODERATE-INCOME AREAS
Planned Activities LA COLONIA NEIGHBORHOOD STREET IMPROVEMENT AND SIDEWALKS WITH

ADA ACCESS RAMPS IN LOW- AND MODERATE-INCOME AREA IN OXNARD 9 Project Name ADMINISTRATION
Target Area NA
Goals Supported Effective Administration
Needs Addressed New Rental Housing
Housing Support and Stability
Homeownership Opportunities
Rehabilitation & Preservation of Existing Housing
Assistance for Senior Residents
Increase Job Skills
Facade Improvements
Local Entrepreneurship
Social Services
Youth Activities and Services
Homelessness
Streets and Streetscapes
Parks and Community Space
Disaster Planning and Recovery
Utilities and Public Infrastructure
375
Funding CDBG: $462,783
HOME: $86,886
Description ADMINISTRATION AND PLANNING COSTS SUBJECT TO CAPS FOR EACH FUNDING SOURCE; CDBG (20% of Allocation & PI) AND HOME (10% of Allocation & PI) Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
ADMINISTRATION AND PLANNING ACTIVITIES WILL BENEFIT FAMILIES CITYWIDE.

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

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

ACTIVITIES
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The primary national objectives of the ConPlan programs are to benefit LMI residents, therefore, the City’s CDBG funds will be targeted to extremely low-, low-, and moderate-income persons. CDBG funds will be used to serve the LMI persons Citywide and in Low-Moderate Areas (LMA). Also, the City will continue to assist the low- and moderate- income persons citywide with HOME and HESG funds. In PY 2024 the target areas are: (1) Citywide, with 40 percent of the total entitlement funds; and, (2) the L MA Census Tract, 60 percent. The total entitlement includes the administration and planning funding.

The City will also be concentrating resources, including the CDBG, HOME and ESG funds within the South Oxnard and La Colonia neighborhood.

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

HESG allocations are based on the limited clientele are distributed cit ywide.

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

376
Supporting efforts in South Oxnard and La Colonia will support two of the most vulnerable and older communities with housing, services and economic stability through up and coming programs.

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

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

The Etting Road (Dolores Huerta Garden) Apartments, a 58 -unit 100% affordable rental development, has been awarded a gap-financing loan of $1,854,000 in HOME funds for construction of the 58-unit development. Eleven of the units developed in the Etting Road Apartments will be HOME assisted units and are estimated to be completed in 2025. Given that both of these developments are not expected t o be completed until 2025 there are no HOME assisted units expected to be completed in FY 2023 -2024. A total of 26 HOME assisted units are expected to be completed in 2025. The City will review new HOME funding applications submitted in FY 2023 -2024 and estimates providing gap-financing for the construction of new housing that will result in at least five (5) HOME assisted units.

CDBG funds will be used to provide seven residential rehabilitation assistance to eligible households.

Habitat for Humanity of Ventura County will use CDBG funds to provide seven (7) residential rehabilitation assistance to eligible households. The Ventura County Community Development Corporation (VCCDC) will continue to utilize previous years CDBG grants funds for affordable hous ing loans for down payment assistance for income eligible families in Oxnard. The City plans to leverage its Down Payment Assistance Program funding other available funding sources. The City will continue affordable housing loan programs, funded by the State of CA, such as BEGIN and CAL- HOME. HOME development financing assistance will leverage development funds from the State of California, developer equity, private financing, and tax credit financing.

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

1. Homeowner Rehabilitation Assistance Program

2. Homeownership Assistance Programs

3. Construction of new affordable dwelling units
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 12
Special-Needs 0
Total 12
377
Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 7
Acquisition of Existing Units 0
Total 12
Table 7 - One Year Goals for Affordable Housing by Support Type Discussion
Habitat for Humanity of Ventura County will provide homeowner rehabilitation assistance program with CDBG funds.

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

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

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

For Fiscal year 2024-2025, the following capital improvement projects for public housing units are planned:

CAL 31-3 Colonia Village 504 Conversion $730,000
CAL 31-3 Colonia Village Alley Repair $140,000
Total Planned projects for 2024-2025 $870,000
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Comm unity Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of flyers to all households.

378
Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.

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

AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are typically required to conduct a Point In Time Count (PIT) of homeless persons each ye ar. The PIT count was completed on January 24, 2024, with more than 100 volunteers signing up to participate in Oxnard’s count. The results of this count are still being tabulated by the Ventura County Continuum of Care. The results will be published in their annual Homeless Count and Survey report, expected in Spring 2024.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Oxnard continued the operation of a year -round homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond. Oxnard has launched an effort to develop a new construction mixed -use development that will include a new, replacement navigation center and 110 -bed homeless shelter plus other support services and fifty -six units of permanent supportive housing. We expect that this new project will be in operation by early 2025. The shelter will continue operating at the K street location until that time.

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

This year, we partnered with Ventura County Health Care Agency to enact an encampment response progra m as part of the State’s Encampment Resolution Funding program. The program consists of a street outreach and case management team, along with non -congregate emergency shelter by using motel rooms. This project involves proactive engagement with people liv ing in encampments throughout the city, and relocation assistance to non- congregate emergency shelter where clients are connected with a case manager to work towards a housing plan.

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

Transitional housing needs are currently being met by the following providers: Kingdom Center - single women and women with child ren; Many Mansions - transition aged youth, single women and women with children; Turning Point Foundation - single mentally ill persons; Salvation Army - families, single parents and single persons; Ventura 379
County -Human Services Agency - families, single parents and children, and single persons; Project Understanding - families and single parent households.

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

The Ventura County Human Services Agency utilizes County General Funds to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year.

Additionally, Ventura County Veterans Ser vices, Homeless Health Care and Ventura County Behavioral Health all work closely with the service providers to provide other supportive services to assist in reducing the incidence of homelessness as they have also done in the recent past.

OHA works in co njunction with Veterans Affairs to administer housing vouchers for homeless veterans under the VASH program. This program targets chronically homeless veterans.

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

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

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

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

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

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

Discussion

The CoC has incorporated each of the following goals of Opening Doors into its 20 -year plan to end homelessness:
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1. Ending chronic homelessness through targeted street outreach (CDBG-Community Action-One Stop Shelter, CoC-Oxnard Homeless Outreach Program, VCHSA -Rapid Re -housing, HESG -Winter Warming Shelter), discharge planning and implementation of a housing first approach.

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

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

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

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

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

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

Actions it planned to remove or ameliorate the nega tive effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential i nvestment

Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local government police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process. Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed, but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.

Discussion:

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

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

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

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

Limited availability of funding from federal, state and other sources; High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs; Reduced or frozen funding from state and other sources due to inadequate state revenue; the housing and credit crisis causing a negative effect;
A tight job market has produced an increased dem and for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerbate the affordability crisis; and The Credit Crisis. Credit crisis has limited the availability of capital to develop housing for low-and moderate-income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2024 by focusing on the following programmatic an d administrative areas: Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable ho using developers. CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agenc ies no longer exist in California. Staff will continue to collaborate with private -sector partners when appropriate in the development and construction of affordable housing. Staff will continue to collaboratively work with the service provider community, non-profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw-down requirements.

Per the regulation CFR 92.251 (a)(2)(vi), broadband infrastructure, the City incorporates this regulation into each HOME agreement to ensure federal compliance with this statute.

Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. The City’s Inclusionary Housing Program is one of forty-four programs identified in the City’s 2021-2029 Housing Element identified to facilitate the construction of n ew affordable housing and to conserve and rehabilitate existing housing. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the 2021-2029 RHNA affordable allocation of 2,911 lower income units, the City is relying on the following:
• The Affordable Housing (AH) additive zones (see Supplement 1) with an inventory of 2,466 units on sites • 44 Vacant and Underutilized Sites (see Supplement 1)
• 224 units on Pending Specific Plans
• 165 units on Pending Annexations
• 490 Project Accessory Dwelling Units (ADUs)
The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2980 and 2999. The Inclusionary Hou sing Program, pursuant to Ordinance 2980, provides for in -lieu fee payments that can replace the on -site units within a 382
development subject to approval by the City Council. The City adopted updated In-Lieu fees on June 2, 2020. In-lieu fees for development project are as follows:

For-Sale Units: If the in -lieu request is granted, the developer is required to make a payment of $38,808 for each single-family home and $37,730 for each multi -family for sale unit in the development. Thereafter, every July 1st these fees will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.

Rental Units: If the in-lieu request is granted, the developer is required to make a payment of $30,000 for each multi- family rental unit in the development. Thereafter, every July 1st this fee will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Bu ilding Cost Index for the Los Angeles Region.

In-lieu payments are made when the developer applies for building permits for the approved units. The in- lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always leveraged with other funding sources. The current in-lieu fund balance is approximately $2.2 million.

Possible incentives to be offered by the City’s Community Development Department may include, but are not limited to, the following:
• Expedited/streamlined application processing and development review • Modification of development requirements, such as reduced setbacks and parking standards on a case -by- case basis
Existing incentives include the State Density Bonus Program and Downpayment Assistance to low -income residents looking to buy a new home via the City’s agreement with the Ventura County Community Development Commission to administer a Downpayment Assistance Program with the use of City CDBG funds. The City’s Affordable Housing Additive Zone offers developers the ability to build 30 units to the acre in designated parcels throughout the City in exchange for making 20% of the units affordable.

Actions planned to reduce lead-based paint hazards
Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead-based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.

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

• City Corp
• Oxnard Housing Authority
• County of Ventura-Human Services Agency
• City's youth programs such Police Activities League programs, Colonia Gymnasium and Southwinds Youth Center programs
Actions planned to develop institutional structure

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

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

Discussion:

The City anticipates new inclusionary affordable housing to be developed within several proposed specific plans and other new projects, including the Central Terrace Apartments, which wil l include 9 City inclusionary units as well as 77 other 100% affordable units. The 2nd and B project (Homeless Solutions Center) will provide 6 City inclusionary units as well as 49 other 100% affordable units. Based on a thorough review, the City does no t believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.

Other actions that the City of Oxnard will continue to improve compliance assessment for al l its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City will utilize a consulting a greement to assist and perform the environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act; 4) Section 3 Compliance; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: Inter -Neighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mo bilehome Park Rent Review Board, and Senior Services Commission.

Continued Actions planned to foster and maintain affordable housing:

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

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

In addition to the 20% cap for Administration, the City of Oxnard also allocates 15% of 2024 CDBG funds for public services such as recreation programs for youth, homeless services, mental health services and senior services activities. The balance of the funds will be allocated to housing activities and public facilities and improvements. In the event of an emergency (such as an earthquake, flooding, or hurricane ...) the City will cut the non- committed funds from other existing projects in order to fund the urgent need within the allowable range. However, the urgent need to meet the following tests: (1) the existing conditions pose a serious and immediate threat to the health and welfare of the community, (2) the existing conditions are recent or recently b ecame urgent, generally 18 months, (3) the City cannot finance on its own, (4) and when other funding sources are not available.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.

The following identifies program income that is available for use that is included in projects to be carried out. 384

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

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

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

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

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

1. The amount of urgent need activities 0

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

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

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

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

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

Recapture Provisions
In the event that the homebuyer fails to satisfy the requirements during the term of the loan, or otherwise defaults, the City shall exercise its legal rights, as set forth in the promissory note and deed of trust, in order to recover the monetary assistance previously provided to the maximum extent permitted by law.

If the recapture provisions are triggered by a sale of the housing unit, (whether voluntary or involuntary – such as foreclosure) or other default, the City shall take all necessary steps to recover the full amount of HOME funds from the net proceeds. The phrase ‘net proceeds’ is defined as the sales price, minus the loan repayment of the first trust deed (other than HOME funds) and any closing costs.

The HOME Program regulations allow the City to recapture the entire HOME Subsidy, in the event the loan recipient violates the affordability and or term period requirements. However, should the ‘net proceeds’ not cover the entire 385
HOME Subsidy or not cover any of the HOME Subsidy, the City is required to forgive the remaining balance of the direct HOME Subsidy.

During the term of the loan, the homeowner must repay the loan if it is sold, transferred or refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.

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

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

The City will exercise the rights stipulated in the promissory note, secured by the deed of trust that was recorded with the County Recorder’s Office.

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

In the event net proceeds are not sufficient to discharge the full amount of the Loan during the occupancy period plus enable the Borrower to recover his or her initial investment in the Property and documented costs of any capital improvements, Borrower shall share the net proceeds with City. The City’s share of the net proceeds shall be calculated as follows:

(Amount of Loan / Amount of Loan + Borrower’s Investment) = % of Net Proceeds that City is entitled to.

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

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

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

The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s down payment plus capital improvements made to the house. It is impor tant to note that in certain circumstances, such as a declining housing market where home values are depreciating, the original homebuyer may not receive a return on his or her investment because the home sold for less or the same price as the original pur chase price); and

In the event that the homebuyer fails to satisfy the requirements during the term, or otherwise defaults, the City shall exercise its legal rights, as set forth in the Resale Restriction Agreement.

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

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

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

Property must be sold to an eligible low-income homebuyer which shall acquire the unit subject to the continuation of restrictions provided in the RRA through an assumption agreement. 386
The purchase price must be affordable for a low-income household who earns up to 80% of the area median income, provided by HUD. The monthly cost for principal, interest, taxes, insurance, HOA fees, utilities, and maintenance should not be more than 30% of the monthly income for the household or otherwise stated in the RRA. There is no preference to a particular segment of the low-income population.

The resale price is calculated using one of two methods described below. The method used is identified in the RRA:

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

Determination using a CPI method to calculate the incre ase (or decrease) in value of the property. The U.S. Bureau of Labor Statistics Consumer Price Index – All Urban Consumers for the Los Angeles-Riverside- Orange Counties Area (all items based 1982- 1984=100) provides the CPI on the date of the calculation a nd the CPI on the purchase date.

The calculation is the CPI on the date of the calculation minus the CPI on the purchase date, plus the cost of improvements to property evidenced with receipts, less 7% depreciation, plus the costs of bringing the housing unit up to current building codes and in a salable condition.

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

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

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

Not Applicable
If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR

92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

Not Applicable
If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

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

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

If the Continuum of Care ha s established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. 387
The Regional Ventura County Continuum of Care Alliance has established centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies.

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

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

The process for making all sub-awards for HESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Ventura to Los Angeles. b. All interested agencies attend information workshop/application training on the process, which includes all deadline dates and times.

c. Interested agencies then submit their application, project overview and qualifications d. The funding recommendations are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval. e. All applicants are cont acted and urged to attend the City Council meeting in which the items fall on the agenda.

All supporting comments and grievances are done at this time. f. The Mayor and City Council directs the City Manager and staff to move forward with final processing. g. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
h. Contracts are completed and services can begin on July 1. i. All HESG contracts are awarded for two years
If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

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

Describe performance standards for evaluating ESG.

PERFORMANCE MEASURES
Performance measures are in place to ensure the efficient administration of all HESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of time of family and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:

Emergency Shelters: Excluding winter shelters, must be able to document placement of a minimum of 10 percent of the homeless persons or households served in the Program Year into transitional or permanent housing.

Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who completed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families.

Rapid Re -housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates.
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Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.

All clients, with the exception of vi ctims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 day of program completion or termination.

MINIMUM STANDARDS: Sub -grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract.

BUILDING AND HABITABILITY STANDARDS: Any building for which HESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub- Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the HESG program are safe, sanitary and adequately maintained.

MONITORING: City staff will monitor the use of grant funds through a combination of a thorough review of submitted reports, review of audit or financial statements, and monitoring and site visits.

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

Discussion:

The Homeless Assistance Division continues to fund all the activities prescribed in the HEARTH act. With t he sub- recipient’s cooperation, the City's HESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, HESG limits the cost categories for administration and planning to 7.5% or $15,591 and no more than 60% for street outreach and emergency shelter $124,729; total $140,320 for those cost categories. The remaining balance, a total of $67,563 or 32.5% towards homel ess prevention, rapid re -housing support and homeless management information system (HMIS).

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City of Oxnard
Regional Consolidated Plan
Amendment
Section V Strategic Plan
Overview
In March of 2024, the City of Oxnard began the planning process to target current and future resources to address the priority needs within the Regional Consolidated Plan with emphasis on two communities within its jurisdiction – La Colonia and Central Oxnard. All six goals identified on page 161 in the current 2020-2024 Regional Consolidated Plan will remain unchanged.

Geographic Priorities
The City of Oxnard is amen ding this section (on pages 162- 163) to add Central Oxnard and La Colonia as targeted neighborhoods to focus future allocations in. The number of residents within the area according to the 2010 Census estimated 18,816, with an 33.33 % average of low -income residents within this area.

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Anticipated Resources
The City will continue to use the listed source of funds identified on page 182, and is seeking a Choice Neighborhood Implementation (CNI) grant for the proposed target neighborhoods. The CNI grant awards proposed are as follows:

Program Source
of
Funds
Use of Funds (Proposed)
Allocation
Program
Income
Prior
Year
Resources
Total Expected
Amount
Narrative
Description
Choice
Neighborhood
Planning Grant
Public
Federal
Administration
and Planning
$500,000

- $500,000 $500,000 Planning grant;
Preliminary
grant to Choice
Neighborhood
Implementation
Grant
Choice
Neighborhood
Implementation
Grant
Public
Federal
Acquisition
Admin/Planning
New
Construction
Economic
Development
Housing Rehab
$50,000,000

$50,000,000 $50,000,000 Comprehensive
Revitalization
of two Oxnard
neighborhoods

391

City of Oxnard
Citizen Participation Plan

Amended May 16, 2023
CARES Act Addendum October 6, 2020

Revised May 7, 2024

Prepared by:

City of Oxnard
Housing Department, Grants Management Division

435 South D Street, Oxnard, California, 93030
E-mail Address: [email protected]
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Table of Contents
I. 3Introduction ........................................................................................................................... 3 II. 3Purpose of the Citizen Participation Plan (CPP) ..................................................................... 3 III. 3Encouragement of Citizen Participation ................................................................................ 3 IV. 4Consolidated Plan and Annual Action Plan Preparation ........................................................ 4 V. 4Environmental Reviews .......................................................................................................... 4 VI. 4Citizen Participation for Section 108 Loan Guarantee Program ............................................ 4 VII. 5Assessment of Fair Housing Plan/Analysis of Impediments Revisions and Administrative Updates (AFH/AI) .............................................................................................................................. 5 VIII. Access to Meetings for Persons with Disabilities and Non-English Speaking Persons ............ 6 IX. 7Public Outreach and Access ................................................................................................... 6 X. 7Funding Recommendations ................................................................................................... 7 XI. 8Displacement of Persons ........................................................................................................ 8 XII. 8Public Hearings ....................................................................................................................... 8 XIII. Technical Assistance ................................................................................................................ 9 XIV. Amendments to the Plan ......................................................................................................... 9 XV. 11Consolidated Annual Performance and Evaluation Report (CAPER) ................................. 10 XVI. Availability of Documents ..................................................................................................... 11 XVII. Citizen Participation Coordinator .......................................................................................... 11 XVIII. Comments and Complaints ................................................................................................... 11 XIX. Contingency Plan in the Event of an Emergency/Disaster ................................................... 11 Citizen Participation Plan (CPP) Addendum for the 2020 CARES ACT Funds, Flexibilities and Waivers ............................................................................................................................................ 13 Citizen Participation Plan (CPP)Citizen Participation Plan (CPP) Procedural History ..................... 14 Appendix A: CARES ACT HUD Waivers
Applicable to Citizen Participation Plan .......................................................................................... 15

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I. Introduction
Pursuant to Title 24, Code of Federal Regulations, Part 91.105, HUD entitlement cities are required to adopt a citizen partic ipation plan. Subsection (a) requires that citizen participation plans adopted prior to August 17, 2015 need to incorporate newer provisions of the 24 CFR

91.105. The City of Oxnard originally adopted its Citizen Participation Plan on October 18, 1994.

On July 25, 2000 the original document was ame nded. This amended Citizen Participation Plan will incorporate provisions to comply with 24 CFR 91.105.

II. Purpose of the Citizen Participation Plan (CPP)

A. The Citizen Participation Plan (CPP or Plan, hereafter) sets forth the policies and procedures for citizen participation in the development of the City of Oxnard (City) Consolidated Plan and Annual Action Plan, any substantial amendments to these plans, the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER), and the Assessment of Fair Housing (AFH), in coordination with the Oxnard Housing Authority (OHA).

B. The City shall provide the public with a reasonable opportunity to comment on the original CPPitizen Participation Plan and any amendments thereto. Amendments to the CPPitizen Participation Plan may be considered substantial or less than substantial as determined by the City based on the nature of the amendment and applicable HUD regulations. The 2018 amendment to the Citizen Participation Plan is substantial.

III. Encouragement of Citizen Participation

A. A key component of the Citizen Participation PlanPP is that it must provide for and encourage citizen participation, especially by low- and moderate-income persons, and in particular those persons living in areas designated by the City as a revitalization area or in a slum or blighted areas and residents of predominantly low- a nd moderate-income neighborhoods, and where CDBG funds are proposed to be used. The CPP must also include outreach to other public and private entities that assist with housing, he alth services, social services, community and regionally-based organizations that represen t protected class member s, and organizations that enforce fair housing laws. Outreach should also include public and private entities that represent areas that include targeted populat ions that qualify for services under the HUD programs represented under this Plan. .

B. The City shall explore alternative public invo lvement techniques and quantitative ways to measure efforts that encourage citizen partic ipation in a shared vision for change in communities and neighborhoods. Efforts must be taken to encourage the participation of all its citizens, including minorities and non-En glish speaking persons, and persons with disabilities.
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IV. Consolidated Plan and Annual Action Plan Preparation

The U.S. Department of Housing and Urba n Development (HUD) requires communities receiving funds under the Community Planning and Development formula grant programs to submit a multi-year consolidated plan and a nnual action plan. The City of Oxnard, in partnership with the County of Ventura, Cities of Camarillo, Simi Valley, Thousand Oaks and Ventura, to create a 5-year regional consolidated plan.

The consolidated plan establishes the City of Oxnard’s goals and objectives for housing and community planning and development. A community must have a consolidated plan and action plan both approved by HUD before expending funds under the grant programs Community Development Block Grant (CDBG), including acti vities under the Section 108 loan program, HEARTH Emergency Shelter Grants (HESG), and HOME Investment Partnerships (HOME).

The consolidated plan is created to address the unmet public service and housing needs of low- income persons and families within the City. Fo r each consolidated plan period, an annual action plan is developed each year to identify specific activities, goals and funding allocations addressing the priorities established within the consolidated plan.

A minimum of two (2) public hearings, held at different stages of the Consolidated Plan citizen participation process, will be held for the pu rpose of obtaining the views of citizens and formulating or responding to proposals and quest ions. The two plans, the Consolidated Plan and the Action Plan, both require a 30-day publ ic comment period, allowing the public and stakeholders the ability to respond, in writing or verbal, on the items proposed in each.

V. Environmental Reviews

The City maintains a written record of the environmental review undertaken for every project or program receiving federal funds from HUD. This environmenta l review record is available for public inspection. Certain projects require publication of specific actions or findings, which include a description of the activity, its locati on, and identification of any measures required to mitigate potentially significant adverse effects. Public comment periods are included in the review process as prescribed by NEPA and 24 CFR Part 58.

VI. Citizen Participation for Section 108 Loan Guarantee Program

A. In accordance with Section 108 regulations, Subpart M-Loan Guarantees, 24 CFR 570.704, the City will comply with the following pre-subm ission and citizen participation requirements before submitting an application for Section 108 loan guarantee assi stance to HUD. These requirements will also apply to the submission of an Economic Development Initiative (EDI), and Brownfield Economic Development Initiative (BEDI) application.

1. The City will develop a proposed application to include the community development 395

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objectives and activities the City proposes to pursue and carry out with the Section 108 funds. Each activity will be described in sufficient detail, including the provision under which the project is eligible, the national objective it meets, the amount of funds expected to be used, and the activity’s location to allow citizens to determine the degree to which they will be affected. The proposed application will al so indicate which activities will generate program income and where citizens may obta in additional information about proposed activities. The proposed application will also in clude a description of the pledge of grants required under 24 CFR 570.705(b)(2).

2. The City will also publish a public notice wh ich will include its proposed application providing citizens an opportunity to examin e the application’s contents and to make comments. The public notice will also advise citizens on how and where to submit comments as well as notify citizens of when and where a public hearing will be held at which they can provide further input on the proposed application. The public notice will be published at least 30 calendar days in advance of the public hearing.

3. A minimum of two (2) public hearings, held at different stages of the Consolidated Plan citizen participation process, will be held for the purpose of obtaining the views of citizens and formulating or responding to proposals an d questions. At least one of these hearings will be held before submission of a Section 108 application to HUD to obtain the views of citizens on community development and housing needs. At the hearing, each activity will be described in sufficient detail including: the provision under which the project is eligible, the national objective to be met, the amo unt of funds expected to be used, and the activity’s location so that citizens can determine the degree to which they will be affected.

4. Citizens will have up to 30 calendar days, plus the day of the public hearing, to comment.

5.4. Once the City has published the public notice an d held the public hearing, the City will determine if the proposed application need s to be modified, based on comments and views received, before submitting the applic ation to HUD. Upon completion, the final application will be made available to the public at the City Clerk’s office.

VII. Assessment of Fair Housing Plan/Analysis of Impediments Revisions and Administrative Updates (AFH/AI)

A. The City shall provide community residents with reasonable notice and an opportunity to comment on revisions to the AFH/AI, as specified under 24 CFR

5.164.

B. The City has determined that an AFH/AI revision is necessary when:

1. The material change in circumstances affect s the information on which the AFH/AI is based;
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2. The analysis, fair housing contributing factors, or the priorities and goals of the AFH/AI no longer reflect actual circumstances.

C. The City will provide affected citizens a peri od of not less than 30 calendar days to make comments on a significant AFH/AI revision before it is implemented. Acceptable methods of meeting the citizen participation requirements include:

1. Publication of the availability of the substantial change(s) in a local newspaper. The publication will provide a link to a City Ho using Department web page which will provide more detailed information on the significant revision(s) and how to provide comments.

2. Publication of any proposed change shall appear in a local newspaper whose primary circulation is within the area serving the community of affected citizens;

3. Advertisement of the availability of the proposed change on the City’s website;

4. Posting notices in public buildings within the City, which include, but are not limited to, public libraries; or,

5. Holding meetings with citizens’ advisory groups within the area affected by the significant revision.

D. Notification to the public shall advise citize ns of how and where to submit comments on the proposed changes. A summary of thes e comments, and a summary of comments not accepted and the reasons therefore, shall be attached to the significant revision that is submitted to HUD.

VIII. Access to Meetings for Persons with Disabilities and Non-English Speaking Persons
A. The Citizen Participation Plan shall provide fo r and encourage particip ation by all citizens, including minorities, non-English speaking pers ons, and persons with mobility, visual, or hearing impairments. Persons with disabilities needing special assistance to participate in the meetings shall contact the City Clerk’s Offi ce at least 72 hours pr ior to the meeting to ensure that mobility, visual or hearing impairments shall be accommodated.

B. To accommodate non-English speaking persons, a translator shall be provided at each hearing and other translators may be made available upon request with at least three business days’ notice. Requests can be made by email or telephone to the City Clerk’s Office.

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IX. Public Outreach and Access

A. The consolidated plan and annual action plan development processes shall include consultation with organizati ons that provide community services, public and private organizations, community based organizations, faith based organizations, philanthropic organizations, businesses and developers.

B. Commencing with consolidated plans submitted on or after January 1, 2018, consultations must occur with broadband internet service providers, organizations engaged in narrowing the digital divide, agencies that manage flood prone areas, public land or water resources, and emergency management agencies.

C. Citizens are encouraged to participate in an advisory role in the planning, implementation, and assessment of the projects recommended under the plan(s).

D. Notices of public hearings meetings will be sent to members of the Inter-Neighborhood Council Committee (INCC), and the presidents of the public housing tenant advisory councils.

X. Funding Recommendations

A. Prior to the adoption of the Consolidated Pl an and/or Annual Action Plan by the City Council, the following information shall be made available to citizens, public agencies and other interested parties:

1. Grant funds that will be available or anticipated to be available for the proposed plan (including program income).

2. Range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate-income.

B. A summary of the proposed Consolidated Plan and/or Annual Action Plan shall be published in at least one newspaper of countywidelocal circulation and the announcement may also appear in at least one Spanish language newspaper of general circulation. Public service announcements may also be provided for local radio stations or on social media. The summary shall describe the plans and purpose of the plan(s) and include a list of the locations where copies of the entire plan(s) may be examined. A ts a minimum, digital or hard copies of the proposed plan(s) shall be available for public review on the City’s website, at the main Oxnard Public Library, the City Clerk’s Office, and the City’s Housing Department offices on 435 South D St., Oxnard, CA.

C. The Consolidated Plan and/or Annual Action Plan, and the activities to be funded shall be made available on the City's Housing Department, Grants Management web page. 398

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D. The Consolidated Plan and/or Annual Action Plan shall be made available for public comments for a minimum of 30 days prior to submission to HUD. Written comments can be mailed to the Grants Manager, City of Ox nard Housing Department, 435 South D Street, Oxnard, CA 93030 or emailed to [email protected].

XI. Displacement of Persons

The Citizen Participation Plan must, as required by 24 CFR Part 91, Section 91.105, "set forth the jurisdiction's plans to minimize displace ment of persons and to assist any persons displaced...."

The City will pursue projects which promote affo rdable housing, i.e., new construction and rehabilitation, which will not dislocate persons or families. (Some temporary relocation may be required for rehabilitation projects). If perm anent relocation is necessary (due to the acquisition of an occupied residence planned for major reconstruction or demolition, etc.), the City will comply with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended, which establishes types and leve ls of assistance requi red depending upon the circumstances. Certification of compliance is included in the City of Oxnard Consolidated Plan.

The City has on file its Residential Anti-displacement and Relocation Assistance Plan as required under Section 104(d) of the Housing and Communi ty Development Act of 1974, as amended, which pertains to any activity assisted with funding under the CDBG, ESG or HOME programs.

XII. Public Hearings

A. The public hearings will be held at City of Oxnard Council Chambers and/or in facilities in or adjacent to low and moderate-income neighbo rhoods. Public hearings may be scheduled during the evening to ensure the maximum attendance by residents.

B. The City shall hold a minimum of two public hearings per plan year (fiscal year). The purpose of the hearings is to obtain public co mments, to address housing and community development needs, and to outline the developm ent of proposed activities, to address the unmet needs of low-and moderate-income pe rsons regarding housing, community and economic development and public services. Notification of public hearings shall be published in news circulars, social media ou tlets, and the City’s websites, and published within two weeks of the public hearing date.

C. The first hearing may be held in facilitie s in or adjacent to low-moderate-income neighborhoods or City Council Chambers. The purpose of the initial hearing is to obtain the public comments on housing and community deve lopment needs, including priority non- housing community development needs.

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D. An optional public hearing may be held to so licit public comment on activities which could be implemented to address the unmet needs iden tified at the first public hearing but prior to the adoption of the proposed plan by the Ci ty Council. The purpose of this hearing is to obtain citizens’ comments on proposed activities and funding allocations.

E. The final public hearing will be held to obtain citizens' comments on proposed activities and to present the Consolidated Plan and/or th e Annual Action Plan to the City Council for adoption. The final hearing shall be held in the City Council Chambers. Should an in-person meeting be infeasible, the City’s meeting guidelines will be followed.

F. The hearings shall be announced in at least one newspaper of general circulation in English.

The announcement will also appear in at leas t one Spanish language newspaper of general circulation. The hearings may also be announced as a public announcement on radio stations and/or social media, as appropriate, a nd announced through an informational flyer distributed/posted by Housing Authorities, public service and other organizations. At least one Spanish language radio station may be in formed and the flyer may be prepared in Spanish. The announcement for the public hearings wishall also be e-mailed, or mailed upon request, to the current list of HUD partners, subr ecipients and other in terested parties in the City of Oxnard.

XIII. Technical Assistance
The City shall provide, upon re quest, technical assistance to organizations and individuals representative of low- and moderate-income residents wishing to develop proposals for funding assistance under any of the programs covered by the Consolidated Plan. The City shall determine the level and type of assistance consistent with HUD policies and questions.

XIV. Amendments to the Plan
A. The City shall amend its approved Consolidated Plan and/or Annual Action Plan if it comprises:

1. A change in its allocation priorities;

2. A decision to carry out an activity using funds not previously described in an action plan covered by the consolidated plan (including program income, reimbursements, repayment, recaptures, or reallocations from HUD); or

3. A change in the purpose, scope, location, or beneficiaries of an activity occurs.

B. Amendments will be considered substantial changes and require official action if it comprises any of the following:

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1. Grant fFunds that are proposed for allocated to a new activity for the first time within a covered consolidated plan period;

2. A funding increase in a current activity, or a change in the use of funding from one eligible activity from one eligible activity to another by 10 percent, or $200,000 or more in CDBG or HOME funding, whichever is greater, and over $5200,000 in ESG funding or more;

3. Aggregate changes of more than 10 percent of an annual grant amountthan $200,000 of an entire grant allocation between projects..

C. Changes that are less than substantial represent less than the amounts listed in section XIV(B), and do not have a significant impact on the project's purpose, scope, location, or beneficiaries. If an activity is not funded in the current year, but is the same or similar to an activity funded in another program year, and the addition is less than amounts above, and there is with no significant change in the project (purpose, scope, location, or beneficiaries), it shallis not considered a substantial change. The authorized City official with the corresponding approval amounts may approve changes that are less than substantial. Funds that are changed by ten percent must be pr esented in the Annual Action Plan (or Annual Action Plan amendment) staff agenda report and pre-approved by City Council.

D. Reallocation of funding among program years is not considered a substantial change, if considered less than substantial as described in the amounts above.

E. Program income will be allocated with the Annual Action Plan and in accordance with with HUD requirements. If program income received is greater or less than the projected amount, it will be adjusted and used accordingly, a nd reported in both the year’s CAPER and the subsequent Annual Action Plan as to how it was used or the planned use for the following year.

F. The City must submit a copy of each amendment to HUD. HUD allows amendments as they occur, or at the end of the program year. Letter s transmitting copies of amendments must be signed by the official representative of the City authorized to take such action.

G. Substantial amendments of the Consolidated Plan or Annual Action Plan will require a 30-day Ppublic commentHearing period and City Council approval. Notice of the public comment periodhearing will be posted on the City's Housing Department, Grants Management Division webpage and noticed in a newspaper of general circulation . a minimum of 30 days prior to implementation. A 30-day public comment periodhearing will be held made available to obtain citizens' comments on the proposed substantial amendment and to present the substantial amendment to the City Council for adoption. Less than substantial aAmendments not deemed substantial will be adjusted by the city management according to their funding approval levels and may not be presented to City Council, as they are considered 401

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administrative adjustments that do not meet the fiscal threshold that requires Council approval.

XV. Consolidated Annual Performance and Evaluation Report (CAPER)

A. The City will prepare the C onsolidated Annual Performance and Evaluation Report (CAPER) as required at the close of the grant year which shall be made available for public comment for a minimum of 15 days prior to submission to HUD.

B. Public comments will be accepted and respo nded to, as appropriate, with a summary of the comments attached to the CAPER for submittal to HUD.

C.

XVI. Availability of Documents

A. The Consolidated Plan, Annual Action Plans, substantial amendments, CAPER and the Citizen Participation Plan will be available to the public, including the availability of materials in a form accessible to persons with disabilities, upon request.

B. Physical copies of Tt he Consolidated Plan, Annual Action Plans, CAPER, the Citizen Participation Plan and the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, wishall be available for review at the City of Oxnard Housing Department, 435 South D Street, Oxnard, CA during the City’s open operating working hours. The reports described in this section may also be review ed on the City’s Housing Grants Management Division website at any time.

XVII. Citizen Participation Coordinator

A. The Citizen Participation Coordinator shall be a member of Grants Management Division staff in the Housing Department of the City of Oxnard.

B. The Citizen Participation Coordinator shall make past and present programmatic and funding information available to citizens during all phases of the HUD Community Planning and Development Program cycle, upon request. Prior reports shall be made available within the most recent Consolidated Plan cycle. Prior Consolidated Plan items may be made available to provide a five-year period of activities for public review. Staff will retain prior year information as it complies with federal and local records retention schedules.

XVIII. Comments and Complaints

A. The City shall consider all verbal or written co mments or views of citizens received at the 402

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public hearings in preparing the final Consolid ated Plan, Annual Action Plans, amendments to these plans, Section 108 Loan applications, CAPER or the Citizen Participation Plan.

B. A summary of these comments or views shall be attached to the final Consolidated Plan, amendment to the Plan, CAPER or Citizen Participation Plan and submitted to HUD as appropriate.

C. The City shall respond in a timely manner, wi thin 15 days where practical, to all written complaints, grievances and requests for information about the Consolidated Plan.

D. Written comments, complaints and/or grievances can be submitted to the Housing Director, City of Oxnard Housing Department, 435 South D Street, Oxnard, CA 93030.

XIX. Contingency Plan in the Event of an Emergency/Disaster

A. In the event of an emergency or disaster that presents a serious and immediate threat to the health and welfare of the citizens of the City, the noticing requirements for public hearings shall be reduced to the number of calendar days provided by the most stringent requirement within the local, state or federal statute provided during the time of the event.

B. Reprogramming of funds in the event of such an emergency will require approval by the highest official, per City policies as descri bed in the Code of Ordinances, Section 6, Emergency Organization and Functions, and Unfair Pricing. When emergency decisions require Council approval, the proposed reprogram of funds will be presented when Council is in session, or by ratification of the reallocation whenshould the the City of Council isbe in recess. If an accelerated emergency occurs, the most stringent approval requirement within the local, state, or federal statute will be followed.
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CITY OF OXNARD
CITIZEN PARTICIPATION PLAN – Addendum
FOR THE 2020 CARES ACT FUNDS, FLEXIBILITIES AND WAIVERS

A. POLICY STATEMENT

1. This Citizen Participation Plan Addendum specifically addresses the special policies and guidelines in support of addressing the impacts of COVID-19 through the use of Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Act (HOME) programs, and the 2020 CARES Act Funds, termed CDBG-CV and ESG-CV.

2. All policies and processes described in the City of Oxnard (hereinafter referred to as “City”) Citizen Participation Plan, amended on July 10, 2018, is applicable to all CDBG, ESG and HOME funding sources unless specified in this Addendum.

3. All policies and processes specified in this Addendum are applicable through the adoption date of this Addendum and will expire upon the date specified for the CARES Act of 2020 funding and waivers, by the United States Department of Housing and Urban Development (HUD) department.

B. DEFINITIONS

1. CARES Act Flexibilities and Waivers – HUD Secretary issued statutory and regulatory waivers/alternative requirements for CDBG-CV, ESG-CV and some CDBG, HOME and ESG funds when necessary to expedite or facilitate the use of grant funds to prevent, prepare for, and respond to coronavirus. Prohibits waivers/alternative requirements related to fair housing, nondiscrimination, labor standards, and the environment. (see Appendix A: CARES ACT HUD Waivers Applicable to Citizen Participation Plan)

2. CDBG-CV – Community Development Block Grant funding specifically allocated for the impacts related to COVID-19

3. ESG-CV – Emergency Solutions Grant funding specifically allocated for the impacts related to COVID-19

C. PLANNING PROCESS FOR CONSOLIDATED PLAN DOCUMENTS

1. Public Review and Comment – Documents (Plans) created for the CARES Act of 2020 funds and waivers will be made available to the public for no less than 5 calendar days. Written comments will be accepted during the public comment period. Summaries of comments will be attached to documents requiring public reviews and input.

D. MEETINGS AND HEARINGS

1. During locally, state, or federally declared Stay-At-Home orders, public meetings may occur virtually and will publicly post meeting dates, times, and instructions in advance of the meetings.

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Citizen Participation Plan (CPP) Procedural History

1. Originally adopted CPP by City Council on October 18, 1994

2. Modifications to CPP adopted by City Council on July 25, 2000

3. Amended CPP adopted by City Council on July 10, 2018

4. CARES Act Addendum approved by City Council on October 6, 2020

5. Amended CPP adopted by City Council on May 16, 2023

5.6. Amended CPP drafted for Council review on May 7, 2024 405

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Appendix A

CARES ACT
HUD Waivers
Applicable to Citizen Participation
Plan
406

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CARES ACT HUD Waivers Applicable to Citizen Participation Plan

CONSOLIDATED PLAN REQUIREMENTS

1. Citizen Participation Public Comment Period for Consolidated Plan Amendment Requirement: 30-day Public Comment Period.

Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401

Explanation: A CPD grantee may amend an approved consolidated plan in accordance with 24 CFR 91.505. Substantial amendments to the consolidated plan are subject to the citizen participation process in the grantee’s citizen participation plan. The citizen participation plan must provide citizens with 30 days to comment on substantial amendments.

Justification: Given the need to expedite ac tions to respond to COVID-19, HUD waives 24 CFR 91.105(c)(2) and (k), 91.115(c)(2) and (i) as specified below, in order to balance the need to respond quickly to the growing spread and effects of COVID-19 with the statutory requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG, HOME, HTF, HOPWA or ESG funds.

Applicability: This 30-day minimum for the re quired public comment period is waived for substantial amendments, provided that no less than 5 days are provided for public comments on each substantial amendment. The waiver is available through the end of the recipient’s 2020 program year. Any recipient wishing to undertake further amendments to prior year plans following the 2020 program year can do so during the development of its FY 2021 Annual Action Plan.

2. Citizen Participation Reasonable Notice and Opportunity to Comment Requirement: Reasonable Notice and Opportunity to Comment.

Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401

Explanation: As noted above, the regulations at 24 CFR 91.105 (for local governments) and 91.115 (for States) set forth the citizen participation plan requirements for recipients. For substantial 407

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amendments to the consolidated plan, the regulations require the recipient to follow its citizen participation plan to provide citizens with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given.

Justification: HUD recognizes the efforts to cont ain COVID-19 require limiting public gatherings, such as those often used to obtain citizen participation, and that there is a need to respond quickly to the growing spread and effects of COVID-19. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 as specified below to allow these grantees to determine what constitutes reasonable notice and opportunity to comment given their circumstances.

Applicability: This authority is in effect th rough the end of the 2020 program year. 408
2024 ANNUAL ACTION PLAN

REGIONAL CONSOLIDATED PLAN AMENDMENT
&

OXNARD CITIZEN PARTICIPATION

PLAN AMENDMENT
Emilio Ramirez, Director
Housing Department
City Council
May 7, 2024
409

HUD ENTITLEMENT PROGRAMS - BACKGROUND
2 410

BACKGROUN
D
3 BACKGROUND
In order to receive CDBG, ESG, & HOME Entitlement, the City must:

1. Have a 5-Year Consolidated Plan & Analysis of Impediments to Further Fair Housing

2. Submit annual Annual Action Plans

3. Receive HUD approval of both plans
411

COMMUNITY DEVELOPMENT BLOCK GRANT
4 412
CDBG Categories FY 24-25 Recommended Amount
Administration $462,783
Public Services
California Lutheran University CLU
Cares $30,500
Oxnard Housing Authority Senior
Supportive Services $62,000
Palm Vista Senior Center $31,000
ANNUAL ACTION PLAN – CDBG $2,313,917 TOTAL
5 413
Public Services (Continued) FY 24-25 Recommended Amount Police Activities League $105,087
Southwinds Youth Center $31,000
Salvation Army Rental Assistance $12,500
Turning Point Emergency Shelter $35,000
Foul Weather Shelter $40,000

ANNUAL ACTION PLAN - CDBG
6 414

ANNUAL ACTION PLAN - CDBG
7 Three additional applications were submitted including:

1. Many Mansions - Community Services at Central Terrace should be funded with alternate sources

2. Oxnard Performing Arts Center - withdrew the application

3. Livingston Memorial Visiting Nurse Association - incomplete application and then indicated funding not needed
Staff recommends denial for the reasons stated above
415
Public Improvements FY 24-25 Recommended
La Colonia Neighborhood Street
Resurfacing and ADA Improvements $1,000,000
Habitat for Humanity Home Repair
Program $100,000
Oxnard Housing Neighborhood
Improvements $404,047

ANNUAL ACTION PLAN - CDBG
8 416

ANNUAL ACTION PLAN - CDBG
9 Three additional applications were submitted including:

1. Meta Street Apartments Rehabilitation - Should use alternate sources of funds

2. Camino Del Sol Community Gardens - Project not ready

3. VCCDC Hope to Home Down Payment Assistance - Previously Funded Staff recommends denial for the reasons stated above
417
CDBG FY 24-25 Recommended
Administration (20% Cap) $462,783
Public Service (15% Cap) $347,087
Public Improvements and Other
Programs $1,504,047
CDBG Total $2,313,917 (Estimate)

ANNUAL ACTION PLAN - CDBG SUMMARY
10 418

EMERGENCY SOLUTIONS GRANT
11 419
ANNUAL ACTION PLAN - ESG $207,883 TOTAL
Emergency Solutions Grant FY 24-25 Recommended
Salvation Army Street Outreach $53,062
Turning Point Foundation Our Place Safe Haven $45,000
Mercy House Rapid Re-Housing $68,730
United Way of Ventura County Forward Home $15,000
United Way of Ventura County Home Safe $0
Foul Weather Shelter & Homeless Management
Information System

$10,500
12 420

HOME INVESTMENT PARTNERSHIPS
13 421
HOME FY 24-25 Recommended
Administration (10%) $86,886
CHDO Set-Aside (>15%) $115,330
Affordable Housing Development $666,651
HOME TOTAL $868,867 (Estimate)
ANNUAL ACTION PLAN - HOME $868,867 TOTAL
14 422

BACKGROUN
D
15 REGIONAL CONSOLIDATED PLAN AMENDMENT
A substantial amendment is proposed in the 5-Year Regional Consolidated Plan to support two applications, one for a Choice Neighborhood Planning Grant and the other, a Choice Neighborhood Implementation Grant. Both of these grants, if successful, will further revitalize efforts within the neighborhoods of South Oxnard and La Colonia.

The Regional Consolidated Plan is being amended to:

1. Apply for a $500,000 Choice Neighborhood Planning Grant, to further revitalize efforts within the neighborhoods of South Oxnard and La Colonia;

2. Apply to the Choice Neighborhood Implementation Grant and receive an award of $50 million dollars for distressed communities if the $500,000 Planning Grant is successfully awarded; and to

3. Support the Choice Neighborhood applications by incorporating the two neighborhoods within the Regional Consolidated Plan.
423

CITIZEN PARTICIPATION PLAN AMENDMENT
Staff proposes amendments to the Citizen Participation Plan including:

1. Section III: Updated the specified stakeholders to reach out to

2. Section IV: Added the minimum number of required hearings (by HUD) for the Consolidated Plan and Annual Action Plan. Currently this is only listed in Section VI which only specifies Section 108 loans.

3. Section XI: Removed language regarding the Residential Anti-displacement and Relocation Assistance Act.  The  City creates each plan specifically for projects that trigger displacement and relocation.

4. Section XIV:  Updated  to reflect the definition of “substantial changes”  to better align with City purchasing thresholds.

5. Throughout:  Cleaned up language to better clarify acronyms and to give better direction to the community regarding accessibility to the Citizen Participation Plan.
16 424

RECOMMENDATIONS
That City Council:

1. Conduct a U.S. Department of Housing and Urban Development public hearing regarding the fiscal year 2024-2025 Annual Action Plan, with funding recommendations, the amended 2020-2024 Regional Consolidated Plan and the amended Citizen Participation Plan;

2. Approve the fiscal year 2024-2025 Annual Action Plan;

3. Approve the updated changes in the amended Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

4. Authorize the City Manager, and his designees, to incorporate any recommended changes resulting from the public input to the fiscal year 2024- 2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;
19 425
RECOMMENDATIONS (continued)
20 That the City Council:

5. Authorize the City Manager, and his designees, to incorporate the final grant allocations into the 2024-2025 Annual Action Plan, and authorize the budget appropriations to fund the administration and activities, including the ability to increase or decrease activities funding up to ten percent or up to the administrative amount allowed of the administering staff, whichever is greater;

6. Authorize the City Manager, and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan to the United States Department of Housing and Urban Development; an

7. Authorize the City Manager, and his designees, to execute agreements and sign all agreements for the implementation of the Annual Action Plan including subrecipients, interdepartmental, and intradepartmental agreements. 426
19 427

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1

DATE: May 7, 2024

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Presentation of Single Audit Report. (20 Minutes)

RECOMMENDATION

That the City Council receive and file the 2023 Single Audit Report from the audit firm Eadie + Payne.

(The Finance and Governance Committee approved 3-0 on April 23, 2024.)

(Eadie + Payne's presentation will be live upon consultant's request.)

BACKGROUND

The Single Audit is a rigorous, organization-wide audit of the City’s grant funded programs that expend $750,000 or more of federal grants or assistance. The objective of the Single Audit is to provide assurance to the federal government as to the management and use of such funds by the City. The audit is performed by the City’s independent auditor, Eadie + Payne, LLP, and the report is issued annually showing the City of Oxnard’s expenditures of federal awards. Eadie + Payne, LLP will present its audit opinion of the City of Oxnard Single Audit Report for the fiscal year ending June 30, 2023.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on April 23, 2024.

Prepared by: Beth Vo, Assistant Chief Financial Officer

ATTACHMENTS

1. 2023 Single Audit Report

2. 2023 Single Audit Presentation

428

SINGLE AUDIT
REPORT
429

CITY OF OXNARD

CONTENTS
JUNE 30, 2023
PAGE
Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................. 1 Independent Auditor's Report on Compliance for Each Major Program; Report on Internal Control over Compliance in Accordance with Uniform Guidance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance ...................... 3 Schedule of Expenditures of Federal Awards and Schedule of Findings and Questioned Costs Schedule of Expenditures of Federal Awards ........................... 7 Notes to the Schedule of Expenditures of Federal Awards .................... 10 Schedule of Findings and Questioned Costs ........................... 11 430
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
1 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND

ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable City Council
City of Oxnard
Oxnard, California
We have au
dited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Oxnard, California (City) as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated February 23, 2024. Our report includes a reference to other auditors who audited the financial statements of Oxnard Housing Authority, as described in our report on the City's basic financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors.

Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis.

431

2 A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Riverside, California
March 22, 2024
432
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
-3-
INDEP

ENDENT AUDITOR'S REPORT ON COMPLIANCE FOR
EACH MAJOR PROGRAM; REPORT ON INTERNAL CONTROL OVER
COMPLIANCE IN ACCORDANCE WITH UNIFORM GUIDANCE; AND REPORT ON THE

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY

THE UNIFORM GUIDANCE
The Honorable City Council
City of Oxnard
Oxnard, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited City of Oxnard's (City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major Federal programs for the year ended June 30, 2023. The City's major Federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.

The City's basic financial statements include the operations of the Oxnard Housing Authority, which expended $
30,777,385 in Federal awards during the year ended June 30, 2023 which is not included in the City’s schedule of expenditures of Federal awards. Our audit, described below, did not include the operations of the Oxnard Housing Authority, because it engaged other auditors to perform an audit in accordance with the Uniform Guidance.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have
a direct and material effect on each of its major federal programs for the year ended June 30, 2023.

Basis for Opinion on Each Major Federal Program
We conduct
ed our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. 433

-4-
We are requ
ired to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.

Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards , and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards , and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in th e
circumstances.
 Obtain an u
nderstanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis.

434

-5-
A material weakness
in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.

A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in inte rnal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or si gnificant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards
We have audited the financial statements of the gover nmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. We issued our report thereon dated February 23, 2024, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements.

Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Riverside, California
March 22, 2024
435
-6-

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
436

-7-

CITY OF OXNARD

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2023
Federal
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Housing and Urban Development
CDBG - Entitlement Grants Cluster
Direct Program
Community Development Block Grants/Entitlement Grants 14.218 B-17-MC-06-0534 363,253 $ -$ B-19-MC-06-0534 40,327 -
B-22-MC-06-0534 772,537 74,372
COVID-19 Community Development Block Grants CARES Act 14.218 B-20-MW-06-0534 89,649 79,442 Total CDBG - Entitlement Grants Cluster 1,265,766 153,814 Direct Program
Emergency Solutions Grants Program 14.231 E-21-MC-06-0534 180,567 172,796 E-22-MC-06-0534 72,997 64,997
COVID-19 Emergency Solutions Grants - CARES Act 14.231 E-20-MW-06-05-34 697,164 697,184 950,728 934,977
Direct Program
HOME Investment Partnership Program 14.239 M-22-MC060526 2,680,580 - HOME Investment Partnership Program - Home ARP 14.239 M-21-MC-06-0526 46,345 - 2,726,925 -
Total U.S. Department of Housing and Urban Development 4,943,419 1,088,791 U.S. Department of Homeland Security
Passed through the County of Ventura
FY 2020 Homeland Security Grant Program -USAR 97.067 2020-0095 30,000 - FY 2020 Homeland Security Grant Program -CERT 97.067 2020-0095 2,788 - FY 2021 Homeland Security Grant Program -CERT 97.067 2021-0081 1,704 - Emergency Management Performance Grant FY21 97.067 2021-0015 36,393 - 70,885 -
Passed through the County of Ventura
FEMA Assistance to Firefighters Grant FY20 Medic Monitors and AEDs 97.044 EMW-2020-FG-18234 301,276 - FEMA Assistance to Firefighters Grant FY20 Portable Radios 97.044 EMW-2020-FG-18616 205,227 - 506,503 -
Direct Program
FEMA-Assistance to Firefighters Grant FY19 97.044 EMW-2019-FG-09826 85,098 - FEMA-Assistance to Firefighters Grant FY19 97.044 EMW-2019-FG-09714 21,353 - FEMA-Assistance to Firefighters Grant FY20 97.044 EMW-2020-FG-13213 256,255 - FEMA-Fire Prevention & Safety Grant FY20 (FP&S Smoke) 97.044 EMW-2020-FP-00777 25,333 - 388,039 -
894,542 -
Direct Program
FEMA-Staffing for Adequate Fire and Emergency Response FY20 97.083 EMW-2020-FF-01126 301,465 - SAFER-Staffing for Adequate Fire & Emergency Response Grant FY2021 97.083 EMW-2021-FF-01664 155,762 - 457,227 -
Passed through the California Office of Emergency Services

97.039 HMGP #4407-431-079R 130,824 -
FEMA - Hazard Mitigation Grant - OWTP Generator 97.039 HMGP #4353-189-036R 1,825,382 - 1,956,206 -
Total U.S. Department of Homeland Security 3,378,860 - FEMA - Hazard Mitigation Grant - Central Trunk Sanitary Sewer See accompanying notes to
Schedule of Expenditures of Federal Aw ards and Independent Auditor's Report on Compliance for Each Ma jor Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.
437

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CITY OF OXNARD
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (Continued)
FOR THE YEAR ENDED JUNE 30, 2023

Federal
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Justice
Direct Program
Equitable Sharing Program 16.922 CA0560400-NCIC 72,587 - 72,587 -
Direct Program
FY18 Edward Byrne Justice Assistance Grant (JAG) 16.738 2018-DJ-BX-0852 63,173 23,330 FY19 Edward Byrne Justice Assistance Grant (JAG) 16.738 2019-DJ-BX-0688 71,075 11,138 FY20 Edward Byrne Justice Assistance Grant (JAG) 16.738 2020-DJ-BX-0781 18,238 - 152,486 34,468
Passed through the County of Ventura Sheriff Department FY21 National Sexual Assault Kit Initiative(SAKI) 16.833 VTA CO SHERIFF-VSCO SAKI 20,659 - 20,659 -
Total U.S. Department of Justice 245,732 34,468 U.S. Department of Transportation
Highway Planning and Construction Cluster
Passed through the State of California Department
of Transportation
Northside Vta Blvd. Between Balboa & Rose Avenue 20.205 CML-5129 (078) 1,277,490 - Traffic Signal Various Locations 20.205 HSIPL 5129 (093) 136,235 - City Wide Signal Mod 20.205 HSIPL 5129 (095) 2,227,173 - Channel Island Blvd over Mandalay Bay - Bridge 20.205 BHLS-5129 (069) 570,359 - Channel Island Blvd over Edison Canal - Bridge 20.205 BHLS-5129 (070) 732,308 - Total Highway Planning and Construction Cluster 4,943,565 - Highway Safety Cluster
Passed through the State of California Office of
Traffic Safety
OTS Pedestrian & Bicycle Safety Program-2022 20.600 PS22009 5,441 - OTS Traffic Enforcement - 2022 20.600 PT22050 30,815 - OTS Traffic Enforcement - 2023 20.600 PT23136 99,330 - Total Highway Safety Cluster 135,586 -
Minimum Penalties for Repeat Offenders for Driving While Intoxicated Passed through the State of California Office of
Traffic Safety
OTS Traffic Enforcement - 2022 20.608 PT22050 74,075 - OTS Traffic Enforcement - 2023 20.608 PT23136 183,749 - 257,824 -
Total U.S. Department of Transportation 5,336,975 - Corporation for National and Community Service
Direct Program
Retired and Senior Volunteer Program FY22-23 94.002 19SRPCA007 62,063 - 62,063 -
Total Corporation for National and Community Service 62,063 -

See accompanying notes to Schedule of Expenditures of Federal Aw ards and Independent Auditor's Report on Compliance for Each Ma jor Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.

438

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CITY OF OXNARD
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (Continued)
FOR THE YEAR ENDED JUNE 30, 2023

Federal
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Health and Human Services
Pass through the California Department of Public Health Through County of Ventura
COVID-19 ELC Enhancing Detection Expansion Funding N/A COVID-19ELC114 51,940 - 51,940 -
Aging Cluster
Pass through the County of Ventura Area Agency on Aging Special Programs for the Aging, Senior Nutrition Services 93.045 3500FY23-05 149,245 - Total Aging Cluster 149,245 -
Total U.S. Department of Health and Human Services 201,185 - U.S. Department of Treasury
Direct Program
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 9,630,698 332,329 9,630,698 332,329
Passed through California Water Resources Control Board

21.027 CA5610007-01 552,267 -
552,267 -
10,182,965 332,329
Passed through California Department of Treasury
Emergency Rental Assistance Round 1 (Administrative Cost) 21.023 21-ERAP-10003 18,864 - 18,864 -
Total U.S. Department of the Treasury 10,201,829 332,329 U.S. Environmental Protection Agency
Direct Program

66.808 98T18001 25,752 -
25,752 -
Total U.S. Department of Protection Agency 25,752 - Total Direct Program 15,732,271 1,455,588
Total Pass Through 8,663,544 -
TOTAL EXPENDITURES OF FEDERAL AWARDS 24,395,815$ 1,455,588 $ Solid Waste Management Assistance Grants
Coronavirus State &Local Fiscal Recovery-Wastewater Arrearage Payment Program

See accompanying notes to Schedule of Expenditures of Federal Aw ards and Independent Auditor's Report on Compliance for Each Ma jor Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.
439

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CITY OF OXNARD

NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED JUNE 30, 2023

1. BASIS OF PRESENTATION
The accom
panying schedule of expenditures of Federal awards (Schedule) includes the Fed eral award activit
y of City of Oxnard (City) under programs of the Federal government for the year ended June
30, 2023. The information in this Schedule is presented in accordance with the r equirements of Title
2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). Because t he Schedule pr
esents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net assets, or cash flows of the City. It does no t include the
Federal award activity of Oxnard Housing Authority, a blended component unit of the City, which expended $30,777,385 in Federal awards.

2. SUMMA

RY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the modified accrual basis of accounting.

Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.

3. INDIRE

CT COST RATE
The City has not elected to use the 10% de minimis indirect cost rate.

4. FEDERALL

Y-FUNDED LOANS
The City administers loans, primarily forgivable l oans, made from funds provided by the following Federal programs for the year ended June 30, 2023:

LOANS

FEDERAL PROGRAMS OUTSTANDING
Community Development Block Grants
(Assistance Listing #14.218) 3,624,330 $
HOME Investment Partnership Program
(Assistance Listing #14.239) 11,973,906
440

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CITY OF OXNARD

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2023

SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP:

Internal control over financial reporting:
• Material weaknesses identified? Yes x No
• Significant deficiencies identified? Yes x None reported Noncompliance material to financial statements noted: Yes x No Federal Awards
Internal control over major programs:

Material weaknesses identified? Yes x No
Significant deficiences identified? Yes x None reported Type of auditor's report issued on compliance
for major programs:

Any audit findings disclosed that are required to be
reported in accordance with 2 CFR 200.516(a)? Yes x No Identification of major programs:

CFDA No. Name of Federal Program or Cluster

14.239 HOME Investment Partnership Program

97.044 Assistance to Firefighters Program

97.039 Hazard Mitigation Grant Program

20.205 Highway Planning and Construction Cluster

21.027 COVID-19 - Coronavir us State and Local Fiscal Recovery Funds Dollar threshold used to distinguish between
type A and type B programs: $750,000
Auditee qualified as low-risk auditee?
x
Y e s N o
Unmodified
Unmodified
441
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CITY OF OXNARD
SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued)
FOR THE YEAR ENDED JUNE 30, 2023
INDEX

CURRENT YEAR

MAJOR FEDERAL AWARD PROGRAMS
None

FINANCIAL STATEMENTS

PRIOR YEAR

FINANCIAL STATEMENTS
2020-001
None
Information Technology (IT) General Controls
442

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CITY OF OXNARD
SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued)
FOR THE YEAR ENDED JUNE 30, 2023

FINDINGS AND QUESTIONED COSTS – MAJOR PROGRAMS

None

FINDINGS AND QUESTIONED COSTS – FINANCIAL STATEMENTS

None

443

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CITY OF OXNARD

SCHEDULE OF PRIOR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2023
FINDIN

GS AND QUESTIONED COSTS - FINANCIAL STATEMENTS
2020-001 – Information Technology (IT) General Controls (SD) Criteria: IT
general controls (ITGC) are basic controls applied to IT systems. The objectives of ITGC are to ensure the integrity of data and processes that the IT systems support. ITGC have a pervasive effect on the City’s system of internal control over financial reporting.

Condition: We evaluated the design and implementation of ITGCs and noted 12 findings. We communicated such findings to the IT Department. Because those findings reveal vulnerabilities to, or otherwise increase the potential for an attack on, the information technology systems of the City, the details of the findings will not be published in this document. They will, however, be communicated to the City Council via a separate confidential written report.

Repeat of a Prior-Year Finding: 5 out of 12 were repeat findings Recommendation: Our recommendations will be communicated to the City Council via a separate confidential written report.

City’s Response 2023: The City’s corrective action plan will be communicated to the City Council via a separate confidential written report. The auditors will follow up on the City’s implementation of its corrective action plan in the next audit.

EP's Comment 2023: In progress
(SD – Significant Deficie
ncy)
444
Single Audit Report for
Fiscal Year Ended June 30, 2023
City Council Meeting
May 7, 2024
445
1 Introduction
2 Schedule of Expenditures of Federal
Awards (SEFA)
3 Major Program
4 Internal Control Findings
5 Management Recommendations
AGENDA
City Council Meeting | May 7, 2024
446
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council Meeting | May 7, 2024
Introduction
•Single Audit Report
• Internal Control Report Required by Government Auditing Standards • Report on Compliance for Each Major Program
• Report on Internal Control on Internal Control over Compliance • Report on the Schedule of Expenditures of Federal Awards 1 447
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council Meeting | May 7, 2024
Schedule of Expenditures of Federal Awards (SEFA)
• Total Expenditures $24.40M
• Major Programs 5*
• Total Programs 20
2 *Five major programs exceed the threshold of $750K. Four of the major programs have not been tested in the past two years. ARPA is required to be tested as a higher risk program. 448
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council Meeting | May 7, 2024
Major Program 3
449
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council Meeting | May 7, 2024
•No internal control findings in FY2023
•Prior year findings
•Financial Statements – In Progress
•2020-001Information Technology (IT) General
Controls
Internal Control Findings 4
450
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council Meeting | May 7, 2024
• Conducting investment policy review
• Conducting investment statements review frequently
• Conducting journal entries review for GASB87 and GASB96 • Implementing strategies to address information technology risk assessment findings on Tyler Munis
5Management Recommendations
451
THANK
YOU!
Eden C. Casareno
[email protected]
909.809.7662
452

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2

DATE: May 7, 2024

TO: City Council

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

SUBJECT: Adopt a Resolution to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in Channel Islands Harbor. (10 minutes)

RECOMMENDATION

That the City Council:

1. Adopt a Resolution of the City Council of the City of Oxnard Authorizing the City of Oxnard to enter into an Agreement (A-8548) with the State of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Projects and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Oxnard;

2. Accept a grant from the California State Department of Water Resources in the amount of $500,000 for the Channel Islands Harbor water quality remediation; and

3. Authorize the City Manager to execute the grant agreements and modify Exhibits of the agreement as necessary and the Finance Director or designee to submit the financial reports, grant claims, and approve the budget appropriations for the use of the grant funds; and the Director of Public Works or designee to submit the non- financial reports.

(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/DVkuev6rzrQ

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (“CFDs”), Landscape Maintenance Districts (“LMDs”), Waterways Maintenance Assessment Districts (“WADs”), and a Maintenance Assessment District (“MAD-4”). Each of these Special Districts has specific individual authorized services and improvements, including, but not limited to: park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed through an annual parcel charge for the purposes of maintaining the improvements and other authorized services within their District.

The Channel Islands Harbor is an artificial harbor with abutting commercial and residential developments that include Seabridge CFD, Westport CFD, Mandalay Bay WAD-Zone 1, and Harbour Island WAD-Zone 2. The abutting sections of the harbor would not be present absent these developments occurring. As specified in the Formation Documents, water quality remediation services are authorized services for each of the Harbor Districts; however, the City Council has previously authorized the use of American Rescue Plan Act (“ARPA”) funding for this service.

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In June 2018, an algal bloom occurred in the Harbor. The bloom was followed by widespread low levels of dissolved oxygen in the water. This is presumably related to the bacterial decomposition of algae during warm weather conditions.

The bloom and subsequent low oxygen event may have been caused by the changes in the Harbor water circulation that occurred after the Mandalay Power Generating Station was decommissioned on March 29, 2018, as mandated by the California State Water Resources Control Board.

Since then, the City of Oxnard (“City”), the County of Ventura (“County”), and residents of the Channel Islands Neighborhood Council (“CINC”) have organized efforts to address water quality issues in the Harbor.

Water quality data is needed to identify key contaminants and the sources of the contamination within the Harbor. To begin this testing, the Los Angeles Regional Water Quality Control Board (“LARWQCB”) required the development of a Quality Assurance Project Plan (“QAPP”) describing the key stakeholders, sampling methods and locations, sample analysis, parameters for volunteer sample collection, quality assurance, and goals of the project. A critical component of these efforts is volunteers from CINC performing the water sampling that includes mobilization of volunteers, scheduling coordination with contract laboratories, and data collection and reporting.

The Special Districts Division is managing the remediation efforts in Channel Islands Harbor and has contracted with laboratories for toxicity testing, aquatic biological monitoring, and provides project management, field sampling, toxicity testing, freshwater and marine bioassessments, technical consulting, data management, and reporting.

On September 24, 2021, December 7, 2021, and March 29, 2022, the City Council approved funding totaling $1,300,000 from the American Rescue Plan Act (“ARPA”) to address harbor water quality, including the development of a feasibility study and implementation plan.

On September 19, 2023, the County’s Board of Supervisors approved $1,300,000 in matching funds for ongoing Harbor water quality remediation efforts, personnel costs, procuring of services and materials, conducting environmental review, obtaining permits or approvals, and conducting project management with cost tracking.

An Agreement for the Channel Island Harbor Water Quality Feasibility Study and Implementation Plan, will be presented to the City Council on May 7, 2024 for consideration. This Feasibility Study and Implementation Plan will provide overall project management, including engagement with the City, County, and stakeholders; review the current data sets, studies, and reports; determine water quality objectives, prepare a gap analysis, and provide a technical report of findings; and identify mitigation strategies, controls, costs, and other long-term factors which will lead to the development of an Implementation Plan.

DISCUSSION

In September 2022, the Governor’s office approved Assembly Bill 179 amending the 2022 Budget Act, which included the allocation of $500,000 for the City of Oxnard’s Channel Islands Harbor water quality remediation projects. State Senator Monique Limón, Assemblymember Steve Bennett, and Assemblymember Jacqui Irwin led the efforts to allocate the funding that was also supported by County Supervisor Carmen Ramirez, the Ventura County Farm Bureau, California State University Channel Islands, the Seabridge and Westport Homeowners Associations, and residents of the Channel Islands Neighborhood Council, and Oxnard city staff.

The adoption of this Resolution for funding from the California State Department of Water Resources in the amount of $500,000 for Channel Islands Harbor water quality remediation may be used towards the consulting services for the Water Quality Feasibility Study and Implementation Plan, or toward selected and approved City projects for the Harbor water quality remediation. As such, the Work Plan, and accompanying Exhibits to the Agreement may need to be modified for project-specific information once identified.

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.

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FINANCIAL IMPACT

The awarded amount from the State of $500,000 shall be used to cover project costs related to the Channel Islands Harbor water quality remediation, including but not limited to ongoing water quality testing and consulting services, personnel costs, procuring of services and materials, conducting environmental review, obtaining permits or approvals, and conducting project management and costs tracking.

This Agreement requires submission of an annual progress report to the Department of Water Resources.

There is no match requirement. Grant revenue of $500,000 will be recognized and appropriated to the State Grant Fund (210); there is no impact to the General Fund or any Special Assessment District for approving this funding agreement.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement A-8548/State Agreement 46000xxxxx

2. Resolution

3. Special Districts Map

4. Special Districts List

5. Presentation

455
AgreementNo. A-8548
FUNDINGAGREEMENTBETWEENTHESTATEOFCALIFORNIA(DEPARTMENTOFWATERRESOURCES) ANDCITYOFOXNARDAGREEMENTNUMBER46000xxxxx THISFUNDINGAGREEMENTisenteredintobyandbetweentheDepartmentofWaterResourcesoftheStateofCalifornia,hereinreferredtoasthe"State"andtheCityofOxnard,acityagency,intheStateofCalifornia,dulyorganized,existing,andactingpursuanttothelawsthereof,hereinreferredtoasthe"FundingRecipient,"whichpartiesdoherebyagreeasfollows:1. PURPOSE.StateshallprovidefundingfromtheBudgetActof2022(Stats.2022,ch.249,§207.)toFundingRecipienttoassistinfinancingtheChannelIslandsHarborWaterQualityRemediationProjects(Project).2. TERMOFFUNDINGAGREEMENT.ThetermofthisFundingAgreementbeginsonthedatethisFundingAgreementisinitiallyexecutedbytheState,throughFinalProjectCompletionReportplusthree(3)yearsunlessotherwiseterminatedoramendedasprovidedinthisAgreement.3. FUNDINGAMOUNT.ThemaximumamountpayablebytheStateunderthisAgreementshallnotexceed$500,000.4. DISBURSEMENTOFFUNDS.StatewilldisbursetoFundingRecipienttheamountapproved,subjecttotheavailabilityoffundsthroughnormalStateprocesses.NotwithstandinganyotherprovisionofthisFundingAgreement,nodisbursementshallberequiredatanytimeorinanymannerwhichisinviolationof,orinconflictwith,federalorstatelaws,rules,orregulations.AnyandallmoneydisbursedtoFundingRecipientunderthisFundingAgreementshallbeusedsolelytopayEligibleProjectCosts.5. ELIGIBLEPROJECTCOST.FundingRecipientshallapplyStatefundsreceivedonlytoEligibleProjectCostsinaccordancewithapplicableprovisionsofthelawandExhibitB.EligibleProjectCostsincludethereasonablecostsofstudies,engineering,design,landandeasementacquisition,legalfees,preparationofenvironmentaldocumentation,environmentalmitigations,monitoring,andprojectconstruction.ReimbursableadministrativeexpensesarethenecessarycostsincidentalbutdirectlyrelatedtotheProjectincludedinthisAgreement. Coststhatarenoteligibleforreimbursementorpaymentincludebutarenotlimitedtothefollowingitems:A. PurchaseofequipmentnotanintegralpartoftheProject.B. PurchaseofwatersupplynotanintegralpartoftheProject.C. Replacementofexistingfundingsourcesforongoingprograms.D. PurchaseoflandinexcessoftheminimumrequiredacreagenecessarytooperateasanintegralpartoftheProject,assetforthanddetailedbyengineeringandfeasibilitystudies.E. CostsincurredaspartofanynecessaryresponseandcleanupactivitiesrequiredundertheComprehensiveEnvironmentalResponse,Compensation,andLiabilityAct;ResourceConservationandRecoveryAct;HazardousSubstancesAccountAct;orotherapplicablelaw.6. METHODOFPAYMENT. StatewilldisbursethewholeofStatefundingtoFundingRecipient. TheFundingRecipientshallsubmitoneormorecertifiedinvoices,transmittedviaelectronic/digitalsignaturesystem(e.g.,DocuSign)or,viaU.S.mailorExpressmaildeliveryofa“wetsignature.”StatewillnotifyFundingRecipient,inatimelymanner,whenever,uponreviewoftheInvoice(s),StatedeterminesthatanyportionorportionsofthecostsclaimedarenoteligiblecostsorisnotsupportedbydocumentationorreceiptsacceptabletoState.FundingRecipientshall,withinthirty(30)calendardaysofthedateofreceiptofsuchnotice,submitadditionaldocumentationtoStatetocuresuchdeficiency(ies). 456
FundingAgreement No. 46000XXXXXPage2of 25
InvoicessubmittedbyFundingRecipientshallincludethefollowinginformation:A. CostsincurredforworkperformedinimplementingtheProjectduringtheperiodidentifiedintheparticularinvoice.B. Costsincurredforanyinterestsinrealproperty(landoreasements)thathavebeennecessarilyacquiredfortheProjectduringtheperiodidentifiedintheparticularinvoicefortheimplementationoftheProject.C. InvoicesshallbesubmittedonformsprovidedbyStateandshallmeetthefollowingformatrequirements:i. Invoicesmustcontainthedateoftheinvoiceandthetimeperiodcoveredbytheinvoice.ii. Invoicesmustbeitemizedbasedonthecategories(i.e.,tasks)specifiedinExhibitB.Theamountclaimedforsalaries/wages/consultantfeesmustincludeacalculationformula(i.e.,hoursordaysworkedtimesthehourlyordailyrate=thetotalamountclaimed).iii. Onesetofsufficientevidence(i.e.,receipts,copiesofchecks,timesheets)mustbeprovidedforallcostsincludedintheinvoice.iv. Eachinvoiceshallclearlydelineatethosecostsincurredduringthattimeperiod.v. Eachinvoiceshallcontainthesignatureanddateviaelectronic/digitalsignaturesystem(e.g.,DocuSign)ofFundingRecipient’sProjectRepresentative.Theinvoiceshallbecertifiedandtransmittedviaelectronic/digitalsignaturesystem(e.g.,DocuSign)or,viaU.S.mailorExpressmaildeliverytotheState’sProjectManager.Allinvoicessubmittedshallbeaccurateandsignedunderpenaltyoflaw. AnyandallcostssubmittedpursuanttothisAgreementshallonlybeforthetaskssetforthherein. TheFundingRecipientshallnotsubmitanyinvoicecontainingcoststhatareineligibleorhavebeenreimbursedfromotherfundingsources.AnyeligiblecostsforwhichtheFundingRecipientisseekingStatefundingpursuanttothisAgreementshallnotbereimbursedfromanyothersource. Doubleormultiplebillingfortime,services,oranyothereligiblecostisillegalandconstitutesfraud. Anysuspectedoccurrencesoffraud,forgery,embezzlement,theft,oranyothermisuseofpublicfundsmayresultinsuspensionofdisbursementsoffundsand/orterminationofthisAgreementrequiringtherepaymentofallfundsdisbursedhereunder. Additionally,theStatemayrequestanauditpursuanttoParagraphD.5andreferthemattertotheAttorneyGeneral’sOfficeortheappropriatedistrictattorney’sofficeforcriminalprosecutionortheimpositionofcivilliability. (Civ.Code,§§1572-1573;Pen.Code,§§470,489-490.)7. DEFAULTPROVISIONS.FundingRecipientwillbeindefaultunderthisFundingAgreementifanyofthefollowingoccur:A. SubstantialbreachesofthisFundingAgreement,oranysupplementoramendmenttoit,oranyotheragreementbetweenFundingRecipientandStateevidencingorsecuringFundingRecipient’sobligations;B. Makinganyfalsewarranty,representation,orstatementwithrespecttothisFundingAgreement;C. FailuretooperateormaintainProjectinaccordancewiththisFundingAgreement.D. FailuretomakeanyremittancerequiredbythisFundingAgreement,includinganyremittancerecommendedastheresultofanauditconductedpursuanttoParagraphD.5.E. Failuretosubmittimelyprogressreports.F. FailuretoroutinelyinvoiceState.G. FailuretomeetanyoftherequirementssetforthinParagraph8,“ContinuingEligibility.” 457
FundingAgreement No. 46000XXXXXPage3of 25
Shouldaneventofdefaultoccur,StateshallprovideanoticeofdefaulttotheFundingRecipientandshallgiveFundingRecipientatleastten(10)calendardaystocurethedefaultfromthedatethenoticeissentviafirst-classmailtotheFundingRecipient.IftheFundingRecipientfailstocurethedefaultwithinthetimeprescribedbytheState,Statemaydoanyofthefollowing:a. Declarethefundingbeimmediatelyrepaidatthetimeofthedefault.b. TerminatetheFundingAgreement.c. Takeanyotheractionthatitdeemsnecessarytoprotectitsinterests.IntheeventStatefindsitnecessarytoenforcethisprovisionofthisFundingAgreementinthemannerprovidedbylaw,FundingRecipientagreestopayallcostsincurredbyStateincluding,butnotlimitedto,reasonableattorneys'fees,legalexpenses,andcosts.8. CONTINUINGELIGIBILITY. FundingRecipientshallmeetthefollowingongoingrequirements(asapplicable)toremaineligibletoreceiveStatefunds:A. AnurbanwatersupplierthatreceivesstatefundspursuanttothisAgreementshallmaintaincompliancewiththeUrbanWaterManagementPlanningAct(UWMP;WaterCode,§10610etseq.)andSustainableWaterUseandDemandReduction(WaterCode,§10608etseq.).B. AnagriculturalwatersupplierreceivingstatefundsshallcomplywithSustainableWaterUseandDemandReductionrequirementsoutlinedinWaterCode§10608,etseq.andhavetheirAgriculturalWaterManagementPlan(AWMP)deemedconsistentbyDWR.C. AsurfacewaterdiverterreceivingstatefundsshallmaintaincompliancewithdiversionreportingrequirementsasoutlinedinPart5.1ofDivision2oftheWaterCode.D. FundingRecipientshallmaintaincontinuingeligibilitywiththecurrentSustainableGroundwaterManagementAct(SGMA,WaterCode§10720etseq.)requirementsastheycomeintoeffect.E. IfFundingRecipientisdesignatedasamonitoringentityundertheCaliforniaStatewideGroundwaterElevationMonitoring(CASGEM)Program,FundingRecipientshallmaintainreportingcompliance,asrequiredbyWaterCode§10932andtheCASGEMProgram.F. FundingRecipientshalladheretotheprotocolsdevelopedpursuanttoTheOpenandTransparentWaterDataAct(Water.Code,§12405,etseq.)fordatasharing,transparency,documentation,andqualitycontrol.G. OnMarch4,2022,theGovernorissuedExecutiveOrderN-6-22(theEO)regardingEconomicSanctionsagainstRussiaandRussianentitiesandindividuals. TheEOmaybefoundat:https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.“EconomicSanctions”referstosanctionsimposedbytheU.S.governmentinresponsetoRussia’sactionsinUkraine,aswellasanysanctionsimposedunderStatelaw. TheEOdirectsDWRtoterminatefundingagreementswith,andtorefrainfromenteringanynewagreementswith,individualsorentitiesthataredeterminedtobeatargetofEconomicSanctions. Accordingly,shouldtheStatedeterminethattheFundingRecipientisatargetofEconomicSanctionsorisconductingprohibitedtransactionswithsanctionedindividualsorentities,thatshallbegroundsforterminationofthisAgreement. TheStateshallprovidetheFundingRecipientadvancewrittennoticeofsuchtermination,allowingtheFundingRecipientatleast30calendardaystoprovideawrittenresponse. TerminationshallbeatthesolediscretionoftheState.9. SUBMISSIONOFREPORTS.ThesubmittalandapprovalofallreportsisarequirementforthesuccessfulcompletionofthisFundingAgreement.Reportsshallmeetgenerallyacceptedprofessionalstandardsfortechnicalreportingandshallbeproofreadforcontent,numericalaccuracy,spelling,andgrammarpriortosubmittaltoState.AllreportsshallbesubmittedtotheState’sProjectManager,andshallbesubmittedvia 458
FundingAgreement No. 46000XXXXXPage4of 25
DWR’s“GrantsReviewandTrackingSystem”(GRanTS)orviae-mail.Ifrequested,FundingRecipientshallpromptlyprovideanyadditionalinformationdeemednecessarybyStatefortheapprovalofreports.ReportsshallbepresentedintheformatsdescribedintheapplicableportionofExhibitF.ThetimelysubmittalofreportsisarequirementforinitialandcontinueddisbursementofStatefunds.A. AnnualProgressReports:FundingRecipientshallsubmitAnnualProgressReportstomeettheState’srequirementfordisbursementoffunds.AnnualProgressReportsshallbeuploadedviaGRanTS,andtheState’sProjectManagernotifiedofupload,ororviae-mailtotheState’sProjectManager.AnnualProgressReportsshall,ataminimum,provideabriefdescriptionoftheworkperformed,FundingRecipientsactivities,milestonesachieved,anyaccomplishmentsandanyproblemsencounteredintheperformanceoftheworkunderthisFundingAgreementduringthereportingperiod.ThefirstAnnualProgressReportshouldbesubmittedtotheStatenolaterthanoneyearaftertheexecutionoftheAgreementwithfuturereportsthendueonsuccessiveyearincrementsbasedonthefirstAnnualProgressReportsubmittaldate,withtheexceptionofthefinalAnnualProgressReportwhichmayalsoserveastheProjectCompletionReportandcanextendbeyondayear-longincrementtoaccountforProjectcloseoutinformation.B. ProjectCompletionReport:FundingRecipientshallprepareandsubmittoStateaProjectCompletionReport,eitherseparatelyoraspartofthefinalAnnualProgressReport.FundingRecipientshallsubmittheProjectCompletionReportwithinninety(90)calendardaysofProjectcompletion.TheProjectCompletionReportshallinclude,inpart,adescriptionofactualworkdone,anychangesoramendmentstotheProject,andafinalscheduleshowingactualprogressversusplannedprogress,andcopiesofanyfinaldocumentsorreportsgeneratedorutilizedduringtheProject.10.NOTIFICATIONOFSTATE.FundingRecipientshallpromptlynotifyState,inwriting,ofthefollowingitems:A. Eventsorproposedchangesthatcouldaffectthescope,budget,orworkperformedunderthisFundingAgreement.FundingRecipientagreesthatnosubstantialchangeinthescopeoftheProjectwillbeundertakenuntilwrittennoticeoftheproposedchangehasbeenprovidedtoStateandStatehasgivenwrittenapprovalforsuchchange.Substantialchangesgenerallyincludechangestothescopeofwork,scheduleorterm,andbudget.B. Discoveryofanypotentialarchaeologicalorhistoricalresource. Shouldapotentialarchaeologicalorhistoricalresourcebediscoveredduringconstruction,theFundingRecipientagreesthatallworkintheareaofthefindwillceaseuntilaqualifiedarchaeologisthasevaluatedthesituationandmaderecommendationsregardingpreservationoftheresource,andtheStatehasdeterminedwhatactionsshouldbetakentoprotectandpreservetheresource. TheFundingRecipientagreestoimplementappropriateactionsasdirectedbytheState.C. TheinitiationofanylitigationorthethreatoflitigationagainsttheFundingRecipientregardingtheProjectorthatmayaffecttheProjectinanyway.11.NOTICES.Anynotice,demand,request,consent,orapprovalthateitherpartydesiresorisrequiredtogivetotheotherpartyunderthisFundingAgreementshallbeinwriting.A. Noticesmaybetransmittedbyanyofthefollowingmeans:i. Bydeliveryinperson.ii. BycertifiedU.S.mail,returnreceiptrequested,postageprepaid.iii. By“overnight”deliveryservice;providedthatnext-business-daydeliveryisrequestedbythesender.iv. Byelectronicmeans.B.Noticesdeliveredinpersonwillbedeemedeffectiveimmediatelyonreceipt(orrefusalofdeliveryorreceipt).Noticessentbycertifiedmailwillbedeemedeffectivegiventen(10)calendardaysafterthe 459
FundingAgreement No. 46000XXXXXPage5of 25
datedepositedwiththeU.S.PostalService.Noticessentbyovernightdeliveryservicewillbedeemedeffectiveonebusinessdayafterthedatedepositedwiththedeliveryservice.Noticessentelectronicallywillbeeffectiveonthedateoftransmission,whichisdocumentedinwriting.Noticesshallbesenttothebelowaddresses.Eitherpartymay,bywrittennoticetotheother,designateadifferentaddressthatshallbesubstitutedfortheonebelow.12.PROJECTREPRESENTATIVES.TheProjectRepresentativesduringthetermofthisFundingAgreementareasfollows:DepartmentofWaterResourcesArthurHinojosaManager,DivisionofRegionalAssistanceP.O.Box942836Sacramento,CA94236-0001Phone:916-902-6713Email:[email protected] CityofOxnardMichaelL.WolfeDIrectorofPublicWorks305W.ThirdSTreet,EastWing,3rdFlrOxnard,[email protected] DirectallinquiriestotheProjectManager:DepartmentofWaterResources<Name><Title><MailingAddress> <Phone><e-mail>
CityofOxnardMichaelL.WolfeDIrectorofPublicWorks305W.ThirdSTreet,EastWing,3rdFlrOxnard,[email protected] EitherpartymaychangeitsProjectRepresentativeorProjectManageruponwrittennoticetotheotherparty.13.STANDARDPROVISIONSANDINTEGRATION.ThisFundingAgreementiscompleteandisthefinalAgreementbetweentheparties. ThefollowingExhibitsareattachedandmadeapartofthisFundingAgreementbythisreference:ExhibitA–WorkPlanExhibitB–BudgetExhibitC–ScheduleExhibitD–StandardConditionsExhibitE–AuthorizingResolutionExhibitF–ReportFormatsandRequirementsExhibitG–StateAuditDocumentRequirementsforFundingRecipients 460
FundingAgreement No. 46000XXXXXPage6of 25
INWITNESSWHEREOF,thepartiesheretohaveexecutedthisFundingAgreement.

STATEOFCALIFORNIADEPARTMENTOFWATERRESOURCES
______________________________ArthurHinojosaManager,DivisionofRegionalAssistanceDate__________________________

CITYOFOXNARD
______________________________AlexanderNguyenCityManagerDate__________________________ ApprovedastoLegalFormandSufficiency
______________________________RobinBrewer,AssistantGeneralCounselOfficeoftheGeneralCounselDate__________________________ ApprovedastoLegalFormandSufficiency(ifapplicable)______________________________StephenFisherCityAttorneyDate__________________________ 461
FundingAgreement No. 46000XXXXXPage7of 25
EXHIBITAWORKPLANPROJECT: Channel IslandsHarbor Water QualityRemediationProjectsIMPLEMENTINGAGENCY: Cityof OxnardPROJECTDESCRIPTION: Channel IslandsHarbor Water QualityRemediationProjectsBudget CategoryA: AdministrationTaskA.1:AgreementAdministrationTheFundingRecipient will respondtoDWR’sreportingandcompliancerequirementsassociatedwiththeagreement administrationandwill coordinatewiththeProject managersresponsibleforimplementingtheProject.TheFundingRecipientwillberesponsibleforcompilinginvoicesforsubmittaltoDWR.Deliverables● AnnualInvoicesandassociatedbackupdocumentation TaskA.2:ReportingTheFundingRecipientwillberesponsibleforcompilingprogressreportsforsubmittaltoDWR.TheFundingRecipient may retain consultants as needed to prepare and submit progress reports and final projectcompletionreport,aswellasthefundingagreementcompletionreport.ReportswillmeetgenerallyacceptedprofessionalstandardsfortechnicalreportingandtherequirementstermsofthecontractwithDWRoutlinedinExhibitFofthisAgreement.Deliverables● Documentation(e.g.,photo)of"AcknowledgmentofCredit"perStandardConditionD.2● AnnualProgressReports● FinalFundingAgreementCompletionReport Budget CategoryB: PermittingandEnvironmental DocumentationIdentifyrequiredenvironmentalandregulatorypermitsfortheProjectandobtainrequiredpermits..Deliverables● MemorandumidentifyingCEQAcomplianceandenvironmentalpermitsfortheProject.● Copiesofpermitsasrequired.

Budget CategoryC: PlanningandDesignTaskC.1: PreliminaryDesignEngineeringServices(Example)Preparepreliminarywaterwellsitingfeasibilitystudyanddetailedsitestudy,includinglanduseconsiderations, hydraulic analysis, consideration of alternativepipingalignment, permittingrequirements,infrastructureconsiderations,andcostanalysis.Deliverables● WaterWellSitingFeasibilityReport 462
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● PreliminaryEngineeringDesignReport
TaskC.2: FinalDesignEngineeringServicesPreparerelevant 65%, 95%and100%level constructiondrawingsandtechnical specifications. PrepareStormwaterPollutionPreventionsPlan(SWPPP)andWaterQualityManagementPlan(WQMP),ifapplicable.Preparerecommendedconstructionschedule.Deliverables● 100%Design(Plans/Specs/Engineer’sEstimate)● SWPPPandWQMP(Ifapplicable)● ProjectSchedule Budget CategoryD: ConstructionTaskD.1:ConstructionAdministrationManagecontractorsubmittal review, answerrequestsforinformation,andissueworkdirectives.Afull-timeengineeringconstructionobserverwillbeonsiteforthedurationoftheproject.Constructionobserverdutiesmayinclude, but arenot limitedto: documentingof pre-constructionconditions, dailyconstructionon-siteinspectionsofconstructionactivities,preparingownerchangeorders,addressingquestionsofcontractorsonsiteviaRequestforInformationorRequestforClarification,coordinationofspecialtyinspectionandtesting,reviewing/updatingproject schedule, reviewingcontractor logsubmittalsandprogresspayment requests,notifyingContractorifworkisnotacceptable.

Deliverables● BidDocuments● NoticeofAdvertisement● NoticeofAward● FullyexecutedAgreement● PurchaseOrder● NoticetoProceed TaskD.2:ConstructionActivitiesConstructionactivitiesareoutlinedbelow.11(a):MobilizationandDemobilization11(b):Sitepreparation11(c):Install,construct,excavate11(d):ImproveDeliverables● NoticeofCompletion● RecordDrawings 463
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EXHIBITBBUDGETPROJECT: Channel IslandsHarbor Water QualityRemediationProjectsBudget Category StateFunds AgencyCost Total ProjectCostA: AdministrationB: PermittingandEnvironmentalDocumentationC: PlanningandDesignD: Construction Total 464
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EXHIBITCSCHEDULEPROJECT: Channel IslandsHarbor Water QualityRemediationProjectsDESCRIPTION START FINISH A: AdministrationB: PermittingandEnvironmental DocumentationC: PlanningandDesignD: Construction 465
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EXHIBITDSTANDARDCONDITIONSD.1. ACCOUNTINGANDDEPOSITOFFUNDINGDISBURSEMENT:A. SeparateAccountingofFundingDisbursements:FundingRecipientshallaccountforthemoneydisbursedpursuanttothisFundingAgreementseparatelyfromallotherFundingRecipientfunds.FundingRecipientshallmaintainauditandaccountingproceduresthatareinaccordancewithgenerallyacceptedaccountingprinciplesandpractices,consistentlyapplied.FundingRecipientshallkeepcompleteandaccuraterecordsofallreceipts,disbursements,andanyinterestearnedonexpendituresofsuchfunds.FundingRecipientshallrequireitscontractorsorsubcontractorstomaintainbooks,records,andotherdocumentspertinenttotheirworkinaccordancewithgenerallyacceptedaccountingprinciplesandpractices.RecordsaresubjecttoinspectionbyStateatanyandallreasonabletimes.B. DispositionofMoneyDisbursed:AllmoneydisbursedpursuanttothisFundingAgreementshallbedepositedinaseparateaccount,administered,andaccountedforpursuanttotheprovisionsofapplicablelaw.D.2. ACKNOWLEDGEMENTOFCREDITANDSIGNAGE:FundingRecipientshallincludeappropriateacknowledgementofcredittotheStateforitssupportwhenpromotingtheProjectorusinganydataand/orinformationdevelopedunderthisFundingAgreement.SignageshallbepostedinaprominentlocationatProjectsite(s)(ifapplicable)orattheFundingRecipient’sheadquartersandshallincludetheDepartmentofWaterResourcescolorlogoandthefollowingdisclosurestatement:“FundingforthisprojecthasbeenprovidedinfullorinpartfromtheCaliforniaStateBudgetActof2022andthroughanagreementwiththeStateDepartmentofWaterResources.” TheFundingRecipientshallalsoincludeineachofitscontractsforworkunderthisAgreementaprovisionthatincorporatestherequirementsstatedwithinthisParagraph.D.3. AMENDMENT:ThisFundingAgreementmaybeamendedatanytimebymutualagreementoftheParties,exceptinsofarasanyproposedamendmentsareinanywaycontrarytoapplicablelaw.RequestsbytheFundingRecipientforamendmentsmustbeinwritingstatingtheamendmentrequestandthereasonfortherequest.D.4. AMERICANSWITHDISABILITIESACT:BysigningthisFundingAgreement,FundingRecipientassuresStatethatitcomplieswiththeAmericanswithDisabilitiesAct(ADA)of1990,(42U.S.C.§12101etseq.),whichprohibitsdiscriminationonthebasisofdisability,aswellasallapplicableregulationsandguidelinesissuedpursuanttotheADA.D.5. AUDITS:StatereservestherighttoconductanauditatanytimebetweentheexecutionofthisFundingAgreementandthecompletionoftheProject,withthecostsofsuchauditbornebyState.AftercompletionoftheProject,StatemayrequireFundingRecipienttoconductafinalaudittoState’sspecifications,atFundingRecipient’sexpense,suchaudittobeconductedbyandareportpreparedbyanindependentCertifiedPublicAccountant.FailureorrefusalbyFundingRecipienttocomplywiththisprovisionshallbeconsideredabreachofthisFundingAgreement,andStatemayelecttopursueanyremediesprovidedinParagraph7ortakeanyotheractionitdeemsnecessarytoprotectitsinterests.TheFundingRecipientagreesitshallreturnanyauditdisallowancestotheState.PursuanttoGovernmentCodesection8546.7,theFundingRecipientshallbesubjecttotheexaminationandauditbytheStateforaperiodofthree(3)yearsafterfinalpaymentunderthisFundingAgreementwithrespectofallmattersconnectedwiththisFundingAgreement,includingbutnotlimitedto,thecostofadministeringthisFundingAgreement. AllrecordsofFundingRecipientoritscontractororsubcontractorsshallbepreservedforthispurposeforatleastthree(3)yearsafterreceiptofthefinaldisbursementunderthisAgreement. 466
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D.6. BUDGETCONTINGENCY:IftheBudgetActofthecurrentyearcoveredunderthisFundingAgreementdoesnotappropriatesufficientfundsforthisprogram,thisFundingAgreementshallbeofnoforceandeffect.ThisprovisionshallbeconstruedasaconditionprecedenttotheobligationofStatetomakeanypaymentsunderthisFundingAgreement.Inthisevent,StateshallhavenoliabilitytopayanyfundswhatsoevertoFundingRecipientortofurnishanyotherconsiderationsunderthisFundingAgreementandFundingRecipientshallnotbeobligatedtoperformanyprovisionsofthisFundingAgreement.NothinginthisFundingAgreementshallbeconstruedtoprovideFundingRecipientwitharightofpriorityforpaymentoveranyotherFundingRecipient.IffundingforanyfiscalyearafterthecurrentyearcoveredbythisFundingAgreementisreducedordeletedbytheBudgetAct,byExecutiveOrder,orbyorderoftheDepartmentofFinance,theStateshallhavetheoptiontoeithercancelthisFundingAgreementwithnoliabilityoccurringtotheState,orofferaFundingAgreementamendmenttoFundingRecipienttoreflectthereducedamount.D.7. CEQA:ActivitiesfundedunderthisFundingAgreement,regardlessoffundingsource,mustbeincompliancewiththeCaliforniaEnvironmentalQualityAct(CEQA).(Pub.ResourcesCode,§21000etseq.) WorkfundedunderthisAgreementthatissubjecttoaCEQAdocumentshallnotproceeduntilandunlessapprovedbytheDepartmentofWaterResources. Suchapprovalisfullydiscretionaryandshallconstituteaconditionprecedenttoanyworkforwhichitisrequired. IfCEQAcompliancebytheFundingRecipientisnotcompleteatthetimetheStatesignsthisAgreement,onceStatehasconsideredtheenvironmentaldocuments,itmaydecidetorequirechanges,alterations,orothermitigationtotheProject. ShouldtheStatedecidetonotfundtheProject,thisAgreementshallbeterminatedinaccordancewithParagraph7.D.8. CHILDSUPPORTCOMPLIANCEACT:TheFundingRecipientacknowledgesinaccordancewithPublicContractCodesection7110,that:A. TheFundingRecipientrecognizestheimportanceofchildandfamilysupportobligationsandshallfullycomplywithallapplicablestateandfederallawsrelatingtochildandfamilysupportenforcement,including,butnotlimitedto,disclosureofinformationandcompliancewithearningsassignmentorders,asprovidedinFamilyCodesection5200etseq.;andB. TheFundingRecipient,tothebestofitsknowledgeisfullycomplyingwiththeearningsassignmentordersofallemployeesandisprovidingthenamesofallnewemployeestotheNewHireRegistrymaintainedbytheCaliforniaEmploymentDevelopmentDepartment.D.9. CLAIMSDISPUTE:AnyclaimthattheFundingRecipientmayhaveregardingperformanceofthisAgreementincluding,butnotlimitedto,claimsforadditionalcompensationorextensionoftime,shallbesubmittedtotheDWRProjectRepresentative,withinthirty(30)daysoftheFundingRecipient’sknowledgeoftheclaim.StateandFundingRecipientshallthenattempttonegotiatearesolutionofsuchclaimandprocessanamendmenttothisAgreementtoimplementthetermsofanysuchresolution.D.10. COMPETITIVEBIDDINGANDPROCUREMENTS:FundingRecipient’scontractswithotherentitiesfortheacquisitionofgoodsandservicesandconstructionofpublicworkswithfundsprovidedbyStateunderthisFundingAgreementmustbeinwritingandshallcomplywithallapplicablelawsandregulationsregardingthesecuringofcompetitivebidsandundertakingcompetitivenegotiations. IftheFundingRecipientdoesnothaveawrittenpolicytoawardcontractsthroughacompetitivebiddingorsolesourceprocess,theDepartmentofGeneralServices’ StateContractingManualrulesmustbefollowedandareavailableat:https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting.D.11. COMPUTERSOFTWARE:FundingRecipientcertifiesthatithasappropriatesystemsandcontrolsinplacetoensurethatstatefundswillnotbeusedintheperformanceofthisFundingAgreementfortheacquisition,operation,ormaintenanceofcomputersoftwareinviolationofcopyrightlaws. 467
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D.12. CONFLICTOFINTEREST:AllparticipantsaresubjecttoStateandFederalconflictofinterestlaws.Failuretocomplywiththeselaws,includingbusinessandfinancialdisclosureprovisions,willresultintheapplicationbeingrejectedandanysubsequentcontractbeingdeclaredvoid.Otherlegalactionmayalsobetaken.Applicablestatutesinclude,butarenotlimitedto,GovernmentCodesection1090andPublicContractCodesections10410and10411,forStateconflictofinterestrequirements.A. CurrentStateEmployees:NoStateofficeroremployeeshallengageinanyemployment,activity,orenterprisefromwhichtheofficeroremployeereceivescompensationorhasafinancialinterestandwhichissponsoredorfundedbyanyStateagency,unlesstheemployment,activity,orenterpriseisrequiredasaconditionofregularStateemployment.NoStateofficeroremployeeshallcontractonhisorherownbehalfasanindependentcontractorwithanyStateagencytoprovidegoodsorservices.B. FormerStateEmployees:Forthetwo-yearperiodfromthedateheorsheleftStateemployment,noformerStateofficeroremployeemayenterintoacontractinwhichheorsheengagedinanyofthenegotiations,transactions,planning,arrangements,oranypartofthedecision-makingprocessrelevanttothecontractwhileemployedinanycapacitybyanyStateagency.Forthetwelve-monthperiodfromthedateheorsheleftStateemployment,noformerStateofficeroremployeemayenterintoacontractwithanyStateagencyifheorshewasemployedbythatStateagencyinapolicy-makingpositioninthesamegeneralsubjectareaastheproposedcontractwithinthetwelve-monthperiodpriortohisorherleavingStateservice.C. EmployeesoftheFundingRecipient:EmployeesoftheFundingRecipientshallcomplywithallapplicableprovisionsoflawpertainingtoconflictsofinterest,includingbutnotlimitedtoanyapplicableconflictofinterestprovisionsoftheCaliforniaPoliticalReformAct.(Gov.Code,§87100etseq.)D. EmployeesandConsultantstotheFundingRecipient:IndividualsworkingonbehalfofaFundingRecipientmayberequiredbytheDepartmenttofileaStatementofEconomicInterests(FairPoliticalPracticesCommissionForm700)ifitisdeterminedthatanindividualisaconsultantforPoliticalReformActpurposes.D.13. DELIVERYOFINFORMATION,REPORTS,ANDDATA:FundingRecipientagreestoexpeditiouslyprovidethroughoutthetermofthisFundingAgreement,suchreports,data,information,andcertificationsasmaybereasonablyrequiredbyState.D.14. DISPOSITIONOFEQUIPMENT:FundingRecipientshallprovidetoState,notlessthan30calendardayspriortosubmissionofthefinalinvoice,anitemizedinventoryofequipmentpurchasedwithfundsprovidedbyState.Theinventoryshallincludeallitemswithacurrentestimatedfairmarketvalueofmorethan$5,000.00peritem.Within60calendardaysofreceiptofsuchinventoryStateshallprovideFundingRecipientwithalistoftheitemsontheinventorythatStatewilltaketitleto.AllotheritemsshallbecomethepropertyofFundingRecipient.StateshallarrangefordeliveryfromFundingRecipientofitemsthatittakestitleto.Costoftransportation,ifany,shallbebornebyState.D.15. DRUG-FREEWORKPLACECERTIFICATION:CertificationofCompliance:BysigningthisFundingAgreement,FundingRecipient,itscontractorsorsubcontractorsherebycertify,underpenaltyofperjuryunderthelawsofStateofCalifornia,compliancewiththerequirementsoftheDrug-FreeWorkplaceActof1990(Gov.Code,§8350etseq.)andhaveorwillprovideadrug-freeworkplacebytakingthefollowingactions:A. Publishastatementnotifyingemployees,contractors,andsubcontractorsthatunlawfulmanufacture,distribution,dispensation,possession,oruseofacontrolledsubstanceisprohibitedandspecifyingactionstobetakenagainstemployees,contractors,orsubcontractorsforviolations,asrequiredbyGovernmentCodesection8355.B. EstablishaDrug-FreeAwarenessProgram,asrequiredbyGovernmentCodesection8355toinformemployees,contractors,orsubcontractorsaboutallofthefollowing:
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i. Thedangersofdrugabuseintheworkplace,ii. FundingRecipient’spolicyofmaintainingadrug-freeworkplace,iii. Anyavailablecounseling,rehabilitation,andemployeeassistanceprograms,andiv. Penaltiesthatmaybeimposeduponemployees,contractors,andsubcontractorsfordrugabuseviolations.C. Provide,asrequiredbyGovernmentCodesection8355,thateveryemployee,contractor,and/orsubcontractorwhoworksunderthisFundingAgreement:i. WillreceiveacopyofFundingRecipient’sdrug-freepolicystatement,andii. WillagreetoabidebytermsofFundingRecipient’sconditionofemployment,contractorsubcontract.D.16. EASEMENTS:WheretheFundingRecipientacquirespropertyinfeetitleorfundsimprovementstorealpropertyalreadyownedinfeebytheFundingRecipientorimprovedusingStatefundsprovidedthroughthisFundingAgreement,anappropriateeasementorothertitlerestrictionprovidingforfloodplainpreservationandagriculturaland/orwildlifehabitatconservationforthesubjectpropertyinperpetuity,approvedbytheState,shallbeconveyedtoaregulatoryortrusteeagencyorconservationgroupacceptabletotheState.TheeasementorothertitlerestrictionmustbeinfirstpositionaheadofanyrecordedmortgageorlienonthepropertyunlessthisrequirementiswaivedbytheState.WheretheFundingRecipientacquiresaneasementunderthisAgreement,theFundingRecipientagreestomonitorandenforcethetermsoftheeasement,unlesstheeasementissubsequentlytransferredtoanotherlandmanagementorconservationorganizationorentitywithStatepermission,atwhichtimemonitoringandenforcementresponsibilitieswilltransfertotheneweasementowner.FailuretoprovideaneasementacceptabletotheStatemayresultinterminationofthisAgreement.D.17. FUNDINGRECIPIENT'SRESPONSIBILITIES:FundingRecipientanditsrepresentativesshall:A. FaithfullyandexpeditiouslyperformorcausetobeperformedallprojectworkasdescribedinExhibitA(WorkPlan)andinaccordancewithProjectExhibitB(Budget)andExhibitC(Schedule).B. Acceptandagreetocomplywithallterms,provisions,conditions,andwrittencommitmentsofthisFundingAgreement,includingallincorporateddocuments,andtofulfillallassurances,declarations,representations,andstatementsmadebyFundingRecipientintheapplication,documents,amendments,andcommunicationsfiledinsupportofitsrequestforfunding.C. ComplywithallapplicableCalifornia,federal,andlocallawsandregulations.D. ImplementtheProjectinaccordancewithapplicableprovisionsofthelaw.E. FulfillitsobligationsundertheFundingAgreementandberesponsiblefortheperformanceoftheProject.F. Obtainanyandallpermits,licenses,andapprovalsrequiredforperforminganyworkunderthisFundingAgreement,includingthosenecessarytoperformdesign,construction,oroperationandmaintenanceoftheProject.FundingRecipientshallprovidecopiesofpermitsandapprovalstoState.G. Besolelyresponsiblefordesign,construction,andoperationandmaintenanceoftheProjectwithintheworkplan.Revieworapprovalofplans,specifications,biddocuments,orotherconstructiondocumentsbyStateissolelyforthepurposeofproperadministrationoffundsbyStateandshallnotbedeemedtorelieveorrestrictresponsibilitiesofFundingRecipientunderthisAgreement.H. BesolelyresponsibleforallworkandforpersonsorentitiesengagedinworkperformedpursuanttothisAgreement,including,butnotlimitedto,contractors,subcontractors,suppliers,andprovidersofservices. TheFundingRecipientshallberesponsibleforanyandalldisputesarisingoutofits 469
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contractsforworkontheProject,includingbutnotlimitedtopaymentdisputeswithcontractorsandsubcontractors. TheStatewillnotmediatedisputesbetweentheFundingRecipientandanyotherentityconcerningresponsibilityforperformanceofwork.D.18. GOVERNINGLAW:ThisFundingAgreementisgovernedbyandshallbeinterpretedinaccordancewiththelawsoftheStateofCalifornia.D.19. INDEMNIFICATION:FundingRecipientshallindemnifyandholdandsavetheState,itsofficers,agents,andemployees,freeandharmlessfromanyandallliabilitiesforanyclaimsanddamages(includinginversecondemnation)thatmayariseoutoftheProjectandthisAgreement,including,butnotlimitedtoanyclaimsordamagesarisingfromplanning,design,construction,maintenanceand/oroperationofleveerehabilitationmeasuresforthisProjectandanybreachofthisAgreement.FundingRecipientshallrequireitscontractorsorsubcontractorstonametheState,itsofficers,agentsandemployeesasadditionalinsuredsontheirliabilityinsuranceforactivitiesundertakenpursuanttothisAgreement.D.20. INDEPENDENTCAPACITY:FundingRecipient,andtheagentsandemployeesofFundingRecipients,intheperformanceoftheFundingAgreement,shallactinanindependentcapacityandnotasofficers,employees,oragentsoftheState.D.21. INSPECTIONOFBOOKS,RECORDS,ANDREPORTS:Duringregularofficehours,eachofthepartiesheretoandtheirdulyauthorizedrepresentativesshallhavetherighttoinspectandtomakecopiesofanybooks,records,orreportsofeitherpartypertainingtothisFundingAgreementormattersrelatedhereto.Eachofthepartiesheretoshallmaintainandshallmakeavailableatalltimesforsuchinspectionaccuraterecordsofallitscosts,disbursements,andreceiptswithrespecttoitsactivitiesunderthisFundingAgreement.FailureorrefusalbyFundingRecipienttocomplywiththisprovisionshallbeconsideredabreachofthisFundingAgreement,andStatemaywithholddisbursementstoFundingRecipientortakeanyotheractionitdeemsnecessarytoprotectitsinterests.D.22. INSPECTIONSOFPROJECTBYSTATE:StateshallhavetherighttoinspecttheworkbeingperformedatanyandallreasonabletimesduringthetermoftheFundingAgreement.Thisrightshallextendtoanysubcontracts,andFundingRecipientshallincludeprovisionsensuringsuchaccessinallitscontractsorsubcontractsenteredintopursuanttoitsFundingAgreementwithState.D.23. LABORCODECOMPLIANCE:TheFundingRecipientagreestobeboundbyalltheprovisionsoftheLaborCoderegardingprevailingwagesandshallmonitorallcontractssubjecttopaymentfromthisAgreementtoassurethattheprevailingwageprovisionsoftheLaborCodearebeingmet. CurrentDepartmentofIndustrialRelations(DIR)requirementsmaybefoundat:http://www.dir.ca.gov/lcp.asp.Formoreinformation,pleaserefertoDIR’sPublicWorksManualat:http://www.dir.ca.gov/dlse/PWManualCombined.pdf. TheFundingRecipientaffirmsthatitisawareoftheprovisionsofsection3700oftheLaborCode,whichrequireseveryemployertobeinsuredagainstliabilityforworkers’compensationortoundertakeself-insurance,andtheFundingRecipientaffirmsthatitwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkunderthisAgreementandwillmakeitscontractorsandsubcontractorsawareofthisprovision.D.24. MODIFICATIONOFOVERALLWORKPLAN:AttherequestoftheFundingRecipient,theStatemayatitssolediscretionapprovenon-materialchangestotheportionsofExhibitsA,B,andCwhichconcernthebudgetandschedulewithoutformallyamendingthisFundingAgreement.Non-materialchangeswithrespecttothebudgetarechangesthatonlyresultinreallocationofthebudgetandwillnotresultinanincreaseintheamountoftheStateFundingAgreement.Non-materialchangeswithrespecttotheProjectschedulearechangesthatwillnotextendthetermofthisFundingAgreement.Requestsfornon-materialchangestothebudgetandschedulemustbesubmittedbytheFundingRecipienttotheStateinwritingandarenoteffectiveunlessanduntilspecificallyapprovedbytheState’sProgramManagerinwriting. 470
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D.25. NONDISCRIMINATION:DuringtheperformanceofthisFundingAgreement,FundingRecipientanditscontractorsorsubcontractorsshallnotunlawfullydiscriminate,harass,orallowharassmentagainstanyemployeeorapplicantforemploymentbecauseofsex(gender),sexualorientation,race,color,ancestry,religion,creed,nationalorigin(includinglanguageuserestriction),pregnancy,physicaldisability(includingHIVandAIDS),mentaldisability,medicalcondition(cancer/geneticcharacteristics),age(over40),maritalstatus,anddenialofmedicalandfamilycareleaveorpregnancydisabilityleave.FundingRecipientanditscontractorsorsubcontractorsshallensurethattheevaluationandtreatmentoftheiremployeesandapplicantsforemploymentarefreefromsuchdiscriminationandharassment.FundingRecipientanditscontractorsorsubcontractorsshallcomplywiththeprovisionsoftheCaliforniaFairEmploymentandHousingAct(Gov.Code,§12990.)andtheapplicableregulationspromulgatedthereunder(Cal.CodeRegs.,tit.2,§11000etseq.).TheapplicableregulationsoftheFairEmploymentandHousingareincorporatedintothisAgreementbyreference.FundingRecipientanditscontractorsorsubcontractorsshallgivewrittennoticeoftheirobligationsunderthisclausetolabororganizationswithwhichtheyhaveacollectivebargainingorotheragreement.FundingRecipientshallincludethenondiscriminationandcomplianceprovisionsofthisclauseinallsubcontractstoperformworkundertheFundingAgreement.D.26. OPINIONSANDDETERMINATIONS:WherethetermsofthisFundingAgreementprovideforactiontobebasedupon,judgment,approval,review,ordeterminationofeitherpartyhereto,suchtermsarenotintendedtobeandshallneverbeconstruedaspermittingsuchopinion,judgment,approval,review,ordeterminationtobearbitrary,capricious,orunreasonable.D.27. PERFORMANCEBOND: Wherecontractorsareused,theFundingRecipientshallnotauthorizeconstructiontobeginuntileachcontractorhasfurnishedaperformancebondinfavoroftheFundingRecipientinthefollowingamounts: faithfulperformance(100%)ofcontractvalue,andlaborandmaterials(100%)ofcontractvalue. Thisrequirementshallnotapplytoanycontractforlessthan$25,000.00. AnybondissuedpursuanttothisparagraphmustbeissuedbyaCalifornia-admittedsurety.(Pub.ContractCode,§7103;CodeCiv.Proc.,§995.311.)D.28. PRIORITYHIRINGCONSIDERATIONS:IfthisFundingAgreementincludesservicesinexcessof$200,000,theFundingRecipientshallgivepriorityconsiderationinfillingvacanciesinpositionsfundedbytheFundingAgreementtoqualifiedrecipientsofaidunderWelfareandInstitutionsCodesection11200inaccordancewithPublicContractCodesection10353.D.29. PROHIBITIONAGAINSTDISPOSALOFPROJECTWITHOUTSTATEPERMISSION:TheFundingRecipientshallnotsell,abandon,lease,transfer,exchange,mortgage,hypothecate,orencumberinanymannerwhatsoeveralloranyportionofanyrealorotherpropertynecessarilyconnectedorusedinconjunctionwiththeProject,orwithFundingRecipient’sserviceofwater,withoutpriorpermissionofState.FundingRecipientshallnottakeanyaction,includingbutnotlimitedtoactionsrelatingtouserfees,charges,andassessmentsthatcouldadverselyaffecttheabilityofFundingRecipientmeetitsobligationsunderthisFundingAgreement,withoutpriorwrittenpermissionofState.StatemayrequirethattheproceedsfromthedispositionofanyrealorpersonalpropertyberemittedtoState.D.30. PROJECTACCESS: TheFundingRecipientshallensurethattheState,theGovernoroftheState,oranyauthorizedrepresentativeoftheforegoing,willhavesafeandsuitableaccesstotheProjectsiteatallreasonabletimesduringProjectconstructionandthereafterforthetermofthisAgreement.D.31. REMAININGBALANCE: IntheeventtheFundingRecipientdoesnotsubmitinvoicesrequestingallofthefundsencumberedunderthisFundingAgreement,anyremainingfundsreverttotheState. TheStatewillnotifytheFundingRecipientstatingthattheProjectfileisclosed,andanyremainingbalancewillbedisencumberedandunavailableforfurtheruseunderthisFundingAgreement.D.32. REMEDIESNOTEXCLUSIVE:TheusebyeitherpartyofanyremedyspecifiedhereinfortheenforcementofthisFundingAgreementisnotexclusiveandshallnotdeprivethepartyusingsuchremedyof,orlimittheapplicationof,anyotherremedyprovidedbylaw. 471
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D.33. RIGHTSINDATA:FundingRecipientagreesthatalldata,plans,drawings,specifications,reports,computerprograms,operatingmanuals,notesandotherwrittenorgraphicworkproducedintheperformanceofthisFundingAgreementshallbemadeavailabletotheStateandshallbeinthepublicdomaintotheextenttowhichreleaseofsuchmaterialsisrequiredundertheCaliforniaPublicRecordsAct.(Gov.Code,§6250etseq.) FundingRecipientmaydisclose,disseminateanduseinwholeorinpart,anyfinalformdataandinformationreceived,collectedanddevelopedunderthisFundingAgreement,subjecttoappropriateacknowledgementofcredittoStateforfinancialsupport.FundingRecipientshallnotutilizethematerialsforanyprofit-makingventureorsellorgrantrightstoathirdpartywhointendstodoso.TheStateshallhavetherighttouseanydatadescribedinthisparagraphforanypublicpurpose.D.34. SEVERABILITY:ShouldanyportionofthisFundingAgreementbedeterminedtobevoidorunenforceable,suchshallbeseveredfromthewholeandtheFundingAgreementshallcontinueasmodified.D.35. SUSPENSIONOFPAYMENTS:ThisFundingAgreementmaybesubjecttosuspensionofpaymentsortermination,orbothiftheStatedeterminesthat:A. FundingRecipient,itscontractors,orsubcontractorshavemadeafalsecertification,orB. FundingRecipient,itscontractors,orsubcontractorsviolatesthecertificationbyfailingtocarryouttherequirementsnotedinthisFundingAgreement.D.36. SUCCESSORSANDASSIGNS:ThisFundingAgreementandallofitsprovisionsshallapplytoandbindthesuccessorsandassignsoftheparties.NoassignmentortransferofthisFundingAgreementoranypartthereof,rightshereunder,orinteresthereinbytheFundingRecipientshallbevalidunlessanduntilitisapprovedbyStateandmadesubjecttosuchreasonabletermsandconditionsasStatemayimpose.D.37. TERMINATIONBYFUNDINGRECIPIENT:SubjecttoStateapprovalwhichmaybereasonablywithheld,FundingRecipientmayterminatethisAgreementandberelievedofcontractualobligations.Indoingso,FundingRecipientmustprovideareason(s)fortermination.FundingRecipientmustsubmitallprogressreportssummarizingaccomplishmentsupuntilterminationdateandrepayallfundsdisbursedpursuanttothisAgreement.D.38. TERMINATIONFORCAUSE:SubjecttotherighttocureunderParagraph7,theStatemayterminatethisFundingAgreementandberelievedofanypaymentsshouldFundingRecipientfailtoperformtherequirementsofthisFundingAgreementatthetimeandinthemannerherein,providedincludingbutnotlimitedtoreasonsofdefaultunderParagraph7.D.39. TERMINATIONWITHOUTCAUSE:TheStatemayterminatethisAgreementwithoutcauseon30daysadvancewrittennotice.TheFundingRecipientshallbereimbursedforallreasonableexpensesincurreduptothedateoftermination.D.40. THIRDPARTYBENEFICIARIES:ThepartiestothisAgreementdonotintendtocreaterightsin,orgrantremediesto,anythirdpartyasabeneficiaryofthisAgreement,oranyduty,covenant,obligationorunderstandingestablishedherein.D.41. TIMELINESS:TimeisoftheessenceinthisFundingAgreement.D.42. UNIONORGANIZING:FundingRecipient,bysigningthisFundingAgreement,herebyacknowledgestheapplicabilityofGovernmentCodesections16645through16649tothisFundingAgreement.Furthermore,FundingRecipient,bysigningthisFundingAgreement,herebycertifiesthat:A. NoStatefundsdisbursedbythisFundingAgreementwillbeusedtoassist,promote,ordeterunionorganizing. 472
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B. FundingRecipientshallaccountforStatefundsdisbursedforaspecificexpenditurebythisFundingAgreementtoshowthosefundswereallocatedtothatexpenditure.C. FundingRecipientshall,whereStatefundsarenotdesignatedasdescribedin(B)above,allocate,onaproratabasis,alldisbursementsthatsupporttheprogram.D. IfFundingRecipientmakesexpenditurestoassist,promote,ordeterunionorganizing,FundingRecipientwillmaintainrecordssufficienttoshowthatnoStatefundswereusedforthoseexpendituresandthatFundingRecipientshallprovidethoserecordstotheAttorneyGeneraluponrequest.D.43. VENUE: TheStateandtheFundingRecipientherebyagreethatanyactionarisingoutofthisAgreementshallbefiledandmaintainedintheSuperiorCourtinandfortheCountyofSacramento,California,orintheUnitedStatesDistrictCourtinandfortheEasternDistrictofCalifornia. TheFundingRecipientherebywaivesanyexistingsovereignimmunityforthepurposesofthisAgreement.D.44. WAIVEROFRIGHTS:NoneoftheprovisionsofthisFundingAgreementshallbedeemedwaivedunlessexpresslywaivedinwriting.ItistheintentionofthepartiesheretothatfromtimetotimeeitherpartymaywaiveanyofitsrightsunderthisFundingAgreementunlesscontrarytolaw.AnywaiverbyeitherpartyofrightsarisinginconnectionwiththeFundingAgreementshallnotbedeemedtobeawaiverwithrespecttoanyotherrightsormatters,andsuchprovisionsshallcontinueinfullforceandeffect. 473
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EXHIBITEAUTHORIZINGRESOLUTIONRESOLUTIONNO.2023-_______
ARESOLUTIONOFTHEBOARDOFDIRECTORS(orotherauthorizingagencyasapplicable)OFTHE<FUNDRECIPIENT>AUTHORIZINGTHE<FUNDRECIPIENT>TO ENTERINTO ANAGREEMENTWITHTHESTATEOFCALIFORNIADEPARTMENTOFWATERRESOURCESTORECEIVEFUNDSFORTHE<FUNDEDPROJECT>ANDAUTHORIZINGTHEGENERALMANAGERTOEXECUTETHEAGREEMENTONBEHALFOFTHE<FUNDRECIPIENT> WHEREAS,theSeptember2022AssemblyBill179designated$Xinfundingtothe<FundRecipient>,forits<FundedProject>,a<briefprojectdescription>(collectively,the“Project”);and WHEREAS,theresponsibilityfortheadministrationofthefund,includingestablishingthenecessaryproceduresfordisbursementofthefund,totheCaliforniaDepartmentofWaterResources(“CDWR”);and WHEREAS,theWaterAuthorityagreesthatthefundsshouldbeallocatedbyCDWRtothe<FundRecipient>;and WHEREAS,CDWRrequiresaresolutionfromthe<FundRecipient>authorizingthe<FundRecipient>toenterintoanagreementwithCDWRtoreceivefundsandtoauthorizetheGeneralManagertoexecutetheagreement.

NOW,THEREFORE,theBoardofDirectorsofthe<FundRecipient>doesherebyresolveandfindasfollows:

Authorizesthe<FundRecipient>toenterintoanagreementwiththeStateofCaliforniaDepartmentofWaterResourcestoreceive$18millioninfundingforits<FundedProject>andauthorizestheGeneralManager, ordesigneetoexecutetheagreement,anyamendmentsthereto;andtosubmitanyrequireddocuments,invoices,andreportsrequiredtoobtainStatefunds.

PASSED,APPROVED,andADOPTEDthisxthdayofMonth2023bythefollowingvote:

UnlessnotedbelowallDirectorsvotedaye.
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______________________________<AuthorizingSignatory>
ATTEST:
_______________________________<AuthorizingSignatory>
I,<AuthorizingSignatory>,ClerkoftheBoardofthe<FundRecipient>,certifythatthevoteshownaboveiscorrectandthisResolutionNo.2021-______wasdulyadoptedatthemeetingoftheBoardofDirectorsonthedatestatedabove. ______________________________<AuthorizingSignatory>
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EXHIBITFREPORTFORMATSANDREQUIREMENTSThefollowingreportingformatsshouldbeutilized.PleaseobtainStateapprovalpriortosubmittingareportinanalternativeformat.1. PROGRESSREPORTSProgressreportsshallgenerallyusethefollowingformat. Ingeneral,whereverpossiblepleaseusebulletedformat.Thisformatmaybemodifiedasnecessarytoeffectivelycommunicateinformation.PROJECTSTATUSBrieflydescribetheworkperformedduringthetimeperiodcoveredbythereportincludingbutnotlimitedto:PROJECTINFORMATION(asapplicable)● Legalmatters● EngineeringEvaluations● Environmentalmatters● Statusofpermits,easements,rights-of-way,rightsofentryandapprovalsasmayberequiredbyotherState,federal,and/orlocalagencies● Majoraccomplishmentsduringthereportingperiod(i.e.taskscompleted,milestonesmet,meetingsheldorattended,pressreleases,etc.)● Issues/concernsthathave,will,orcouldaffectthescheduleorbudget,witharecommendationonhowtocorrectthematter● IdentifykeyissuesthatneedtoberesolvedCOSTINFORMATION(asapplicable)● ProvidealistshowingallprojectcostsincurredduringthetimeperiodcoveredbythereportbytheFundingRecipientandeachcontractorworkingontheProjectandwhichofthesecostsareEligibleProjectCosts● AbriefdiscussiononhowtheactualbudgetisprogressingincomparisontotheprojectbudgetincludedintheWorkPlan● AlistofanychangesapprovedtothebudgetinaccordancewithFundingAgreementandarevisedbudget,bytask,ifchangedfromlatestbudgetintheWorkPlanSCHEDULEINFORMATION(asapplicable)● Ascheduleshowingactualprogressversesplannedprogress● Abriefdiscussiononhowtheactualscheduleisprogressingincomparisontotheoriginalorlastreportedschedule● AlistofanychangesapprovedtotheScheduleinaccordancewithFundingAgreementandarevisedschedule,bytask,ifchangedfromlatestreportedschedule 477
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TheFinalAnnualReportshallcontainthefollowingProjectcompletioninformationandshallgenerallyusethefollowingformat.EXECUTIVESUMMARY–Shouldincludeabriefsummaryofprojectinformationandincludethefollowingitems:● Briefdescriptionofworkproposedtobedoneintheoriginalapplication● DescriptionofactualworkcompletedandanydeviationsfromtheworkplanidentifiedintheFundingAgreementCOSTSANDDISPOSITIONOFFUNDS–Alistofshowing:● ThedateeachinvoicewassubmittedtoState● Theamountoftheinvoice● Thedatethecheckwasreceived● Theamountofthecheck(Ifacheckhasnotbeenreceivedforthefinalinvoice,thenstatethisinthissection.)● Summaryofprojectcostincludingthefollowingitems:o Accountingofthecostofprojectexpenditureo Includeallinternalandexternalcostsnotpreviouslydisclosedo Adiscussionoffactorsthatpositivelyornegativelyaffectedtheprojectcostandanydeviationfromtheoriginalprojectcostestimate.ADDITIONALINFORMATION–AnyrelevantadditionalInformationshouldbeincluded. 478
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EXHIBITGSTATEAUDITDOCUMENTREQUIREMENTSFORFUNDINGRECIPIENTSThefollowingprovidesalistofdocumentstypicallyrequiredbyStateAuditorsandgeneralguidelinesforFundingRecipients.ListofdocumentspertainstobothStatefundinganddetailsthedocuments/recordsthatStateAuditorswouldneedtoreviewintheeventofthisFundingAgreementisaudited.FundingRecipientsshouldensurethatsuchrecordsaremaintainedforeachfundedproject.

StateAudit Document RequirementsInternalControls1. Organizationchart(e.g.,Agency’soverallorganizationchartandorganizationchartfortheStatefundedProject).2. Writteninternalproceduresandflowchartsforthefollowing:a) Receiptsanddepositsb) Disbursementsc) Statepaymentrequestsd) ExpendituretrackingofStatefundse) Guidelines,policy,andproceduresonStatefundedProgram/Project3. AuditreportsoftheFundingRecipientinternalcontrolstructureand/orfinancialstatementswithinthelasttwoyears.4. PriorauditreportsontheStatefundedProject.StateFunding:1. OriginalFundingAgreement,anyamendment(s)andbudgetmodificationdocuments.2. AlistingofpublicfundsreceivedfromtheState.3. AlistingofallotherfundingsourcesfortheProject.Contracts:1. Allsubcontractorandconsultantcontractsandrelatedorpartners’documents,ifapplicable.2. ContractsbetweentheFundingRecipientandotherpublicagenciesasrelatedtotheStatefundedProject.Invoices:1. InvoicesfromvendorsandsubcontractorsforexpendituressubmittedtotheStateforpaymentsundertheFundingAgreement.2. DocumentationlinkingsubcontractorinvoicestoStatepayment,requestsandrelatedFundingAgreementbudgetlineitems.3. PaymentrequestssubmittedtotheStatefortheFundingAgreement.CashDocuments:
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FundingAgreement No. 46000XXXXXPage25of 25

1. Receipts(copiesofwarrants)showingpaymentsreceivedfromtheState.2. Depositslips(orbankstatements)showingdepositofthepaymentsreceivedfromtheState.3. Cancelledchecksordisbursementdocumentsshowingpaymentsmadetovendors,subcontractors,consultants,and/oragentsunderthegrantsorloans.4. Bankstatementsshowingthedepositofthereceipts.AccountingRecords:1. Ledgersshowingentriesforfundingreceiptsandcashdisbursements.2. Ledgersshowingreceiptsandcashdisbursemententriesofotherfundingsources.3. BridgingdocumentsthattiethegeneralledgertorequestsforFundingAgreementpayment.AdministrationCosts:1. Supportingdocumentsshowingthecalculationofadministrationcosts.Personnel:1. ListofallcontractorsandAgencystaffthatworkedontheStatefundedProgram/Project.2. PayrollrecordsincludingtimesheetsforcontractorstaffandtheFundingRecipient’spersonnelwhoprovidedserviceschargedtotheProjectProjectFiles:1. AllsupportingdocumentationmaintainedintheProjectfiles.2. AllFundingAgreementrelatedcorrespondence. 480

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

AUTHORIZING THE CITY OF OXNARD TO ENTER INTO AN

AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF

WATER RESOURCES TO RECEIVE FUNDS FOR THE CHANNEL

ISLANDS HARBOR WATER QUALITY REMEDIATION PROJECTS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY OF OXNARD

WHEREAS, in September 2022, the Governor’s office approved Assembly Bill 179 amending the 2022 Budget Act, designating $500,000 in funding for the City of Oxnard’s Channel Islands Harbor Water Quality Remediation Projects (collectively, the “Project”); and WHEREAS, State Senator Monique Limón, Assemblymember Steve Bennett, and Assemblymember Jacqui Irwin led the efforts to allocate the funding that was also supported by County Supervisor Carmen Ramirez, the Ventura County Farm Bureau, California State University Channel Islands, the Seabridge and Westport Homeowners Associations, residents of the Channel Islands Neighborhood Council, and Oxnard city staff; and
WHEREAS, adoption of this Resolution for funding from the California Department of Water Resources (“CDWR”) for Channel Islands Harbor water quality remediation may be used towards the consulting services for the Water Quality Feasibility Study and Implementation Plan, or toward selected and approved City projects for the Harbor water quality remediation; and WHEREAS, the responsibility for the administration of the fund, including establishing the necessary procedures for disbursement of the fund, to the CDWR; and WHEREAS, the Water Authority agrees that the funds should be allocated by CDWR to the City of Oxnard; and
WHEREAS, CDWR requires a resolution from the City Council of the City of Oxnard authorizing the City of Oxnard to enter into an agreement with CDWR to receive funds and to authorize the City Manager to execute the agreement.

NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve and find as follows:

Authorizes the City of Oxnard to enter into an agreement with the State of California Department of Water Resources to receive $500,000 in funding for its Channel Islands Water Quality Remediation Projects and authorizes the City Manager, or designee to execute the agreement, any amendments thereto; and to submit any required documents, invoices, and reports required to obtain State funds.

PASSED AND ADOPTED THIS 7th day of May, 2024, by the following vote:
481
Resolution No.

Funding Agreement No. 46000XXXXX
Acceptance of a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in Channel Islands Harbor

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