Oxnard City Council
May 21, 2024

found that the project meets the criteria set out in California Government Code 65864 through 65869.5; and
WHEREAS, the Planning Commission upheld the determination by the Planning and Environmental Services Division that the Development Agreement Amendment does not constitute a project, pursuant to CEQA Guidelines §1561(b)(3) and §15378(b)(5) as a result of the Division’s preliminary environmental assessment in accordance with the California Environmental Quality Act; and
WHEREAS, the Planning Commission adopted Resolution 2024-06 recommending that the City Council approve Planning & Zoning Permit No. 24-670-01 (Development Agreement Amendment), both as originally negotiated with the Applicant and as recommended by the Planning Commission in accordance with the OCC; and
WHEREAS, the City Council upholds the determination by the Planning and Environmental Services Division that the Development Agreement Amendment does not constitute a project, pursuant to CEQA Guidelines §1561(b)(3) and §15378(b)(5) as a result of the Division’s preliminary environmental assessment in accordance with the California Environmental Quality Act; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement Amendment is consistent with the 2030 General Plan; and WHEREAS, the pursuit of the Development Agreement Amendment is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and welfare of the public by providing housing opportunities for the residents of the City of Oxnard; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the following Circumstances exist:

1. As outlined in 6(b) of the Planning Commission Staff Report dated March 21, 2024, the proposed Development Agreement Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As outlined Section 6(d) of the Planning Commission Staff report dated March 21, 2024, the proposed Development Agreement Amendment is a logical refinement and internally consistent with the adopted Fore Development Agreement; and

3. As determined in the staff preliminary environmental assessment, the proposed Development Agreement Amendment does not constitute a project under CEQA and therefore, will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures, or to the public health, safety, or general welfare; and WHEREAS, the Applicant agrees that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers, and employees from and against any claims, actions, or proceedings to attack, set aside, void, or annul the approval of this Ordinance or any actions or 118
Ordinance No. 3045
Fore Development Agreement Amendment No. 3
City Council Hearing Date: May 21, 2024

proceedings, acts or determinations taken, done or made before the approval of this Ordinance that were part of the approval process.

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

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The city Council finds that the Fore Development Agreement Amendment is internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The City Council finds that the Fore Property Development Agreement Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with the Fore Property Development Agreement Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the development that would be authorized for the project site by the proposed Fore Property Development Agreement Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the Fore Property Development Agreement Amendment is in the best interests and welfare of the City and its residents.

SECTION 7. In approving this ordinance for the Fore Property Development Agreement Amendment, the City Council finds and determines the project is in compliance with CEQA as the Amendment does not constitute a project, pursuant to CEQA Guidelines §1561(b)(3) and §15378(b)(5).

SECTION 8. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 24-670-01 (Amendment No. 3 to Development Agreement A-7113).

SECTION 9. Planning and Zoning Permit No. 24-670-01 (Amendment No. 3 to Development Agreement No. A - 7113) is approved to amend the Development Agreement pursuant to Exhibit A, hereto attached.

SECTION 10. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a 119
Ordinance No. 3045
Fore Development Agreement Amendment No. 3
City Council Hearing Date: May 21, 2024

copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance.

SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 12. Within 15 days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation published and circulated in the City.

Ordinance No. 3045 was first read on May 7, 2024, and finally adopted on May 21, 2024, to become effective thirty (30) days thereafter.

PASSED and ADOPTED this _______ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________________ __________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
120
Ordinance No. 3045
Fore Development Agreement Amendment No. 3
City Council Hearing Date: May 21, 2024

EXHIBIT A

THIRD DEVELOPMENT AGREEMENT TEXT
121

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.” 122
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. 123
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.
124
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]
125
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]
126
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
127
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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _______________________________________
[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.
128
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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _______________________________________
[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.
129
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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _______________________________________
[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.
130
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 BENEATH 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 & 132-0-100-095 131

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: May 21, 2024
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2023.

RECOMMENDATION
That the City Council receive and file the 2023 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board. (This item did not originate in Committee.)

BACKGROUND
The Mobile Home Park Rent Review Board is a quasi-judicial body established pursuant to Chapter 24-5 of the City Code. Pursuant to Chapter 24-6 of the Code, the Board is required to submit an annual report of the Rent Stabilization System’s activities to the City Council.

At its meeting on April 10, 2024, the Board adopted the attached Annual Activity Report for 2023, and authorized and directed Board Chairman Efrain Jimenez to execute and transmit it to the City Council. In summary, the Annual Activity Report contains two main activities:

1. All twenty (20) of the twenty parks in Oxnard applied for the maximum 5.74% Consumer Price Index (C.P.I.) increase allowed under City Code 24-9(A)(1).

2. Two homeowner associations protests were filed in 2023.

Country Club Mobile Estates. The protest challenged the respective park owners' C.P.I. increase alleged several service level reductions. Based on the findings of the protest hearing, the petition filed alleging service level reductions was dismissed. The Hearing Officer ruled that the homeowners had not met their burden of proof. As a result, the C.P.I. increase applied for by the park was approved. At the same meeting, a second hearing was held, as the park owners filed a protest challenging the effective date of the C.P.I. Rent Increase Application submitted by the park owners for 2023, March 1, 2023 instead of April 1, 2023. The Hearing Officer ruled that the City’s determination to process the C.P.I. Rent Increase Application for an increase date of April 1, 2023 (rather than March 1, 2023) was upheld. As a result of the decision, the park was directed to refund the homeowners the 5.74% rent increase that was collected for the month of March 2023.

Kona Kai Mobile Estates. The protest challenged the legitimacy of Kona Kai’s 2022 C.P.I Rent Increase Application which enacted a 4.0% rent increase imposed on April 1, 2022 and its potential impact on their 2023 C.P.I Rent Increase Application which proposed a 5.74% rent increase effective April 1, 2023. Based on the findings of the protest hearing, the Hearing Officer ruled that the park owners shall refund or credit to homeowners the full amount of the 2023 rent increase increment and return space rents to levels which reflect the approved rent as of April 1, 2021, for each space.

Any future applications for rent increase shall be calculated using the approved rent levels as of April 2021 as the basis for said future rent increases.
132
On October 3, 2023, the park owners of Kona Kai Mobile Estates filed an appeal to the decision by the Hearing Officer, which would require a hearing by the Mobilehome Park Rent Review Board. Since the submission of the appeal, the owners of Kona Kai and its homeowners have been in active discussions trying to reach a settlement and avoid a hearing.

The hearing occurred on April 25, 2024, wherein the Mobilehome Park Rent Review Board confirmed the Settlement Agreement and approved a stipulation and order to implement the Settlement Agreement. The attached report was approved and submitted by the Mobilehome Park Rent Review Board prior to the hearing date.

STRATEGIC PRIORITIES
The Mobile Home Rent Stabilization Ordinance was adopted as part of the City Code in 1982 and last amended in 1998. It does not fall squarely into any of the five priorities that Council adopted for FY 2021-2025.

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Mobile Home Activity Report 2023
133
ANNUAL ACTIVITY REPORT FOR 2023

CITY OF OXNARD MOBILE HOME PARK RENT REVIEW BOARD

1. THE BOARD
The Mobile Home Park Rent Review Board consists of three Commissioners who were appointed to three-year terms at the City Council meeting of January 23, 2018: Cynthia Daniels, Felipe Flores, and Martin Lee Remmen; Commissioner Efrain Jimenez, appointed by City Council on May 21, 2019; and Commissioner Yukio Okano, appointed by City Council on February 20, 2024.

2. BOARD MEETINGS
The Rent Review Board did not meet in 2023, but met on April 10, 2024.

3. PROCESSING OF RENT INCREASE APPLICATIONS IN 2022
A. Types of Space Rent Increases
Chapter 24 of the City Code establishes two mechanisms by which owners of mobile home parks in the City may apply for general space rent increases.

Chapter 24-9 of the Code defines the procedure for C.P.I. (Consumer Price Index) Formula Adjustment increase applications, and Chapter 24-10 creates the mechanism for applying for Discretionary Rent Increases.

B. Calculation of C.P.I. Space Rent Increases
The formula by which the maximum permissible C.P.I. space rent increase for which a park may apply is set forth in Chapter 24-9(A)(1), and is based on the change in the C.P.I. from August of one year to August of the next year.

Whenever that change is 4 percent or less, the maximum permissible space rent increase for the next calendar year is equivalent to 100% of that August-toAugust percentage change. The C.P.I. change has not exceeded that 4% threshold since 2008The permissible C.P.I. space rent increase for rent increases applied for in 2023, as determined by the inflation rate, was 5.74%.

Maximum permissible increases in recent years have been as indicated below:
2022: 4.0%
2021: 2.02% 2015: 1.81%
2020: 2.97% 2014: 0.84%
2019: 3.87% 2013: 2.32%
2018: 2.82% 2012: 2.41%
2017: 1.43% 2011: 0.83%
2016: 1.14% 2010: No increase
There was no increase permitted in 2010, as 2009 was a deflationary year. 134
The City Code provides for an increase of less than the full CPI amount whenever the inflation rate exceeds 4 percent. For calendar year 2023, the permissible increase will be calculated pursuant to section 24-9(A)(1)(b), which states as follows:
(A)(1)(b): If the percentage change in the CPI is greater than 4 percent but less than or equal to 9 percent, the permissible CPI formula adjustment shall be equal to 75 percent of the change in the CPI, or a 4 percent adjustment, whichever is greater.

The calculation of the permissible CPI increase in 2023 is as follows:

August 2022 C.P.I.: 313.608
Minus August 2021 C.P.I.: – 291.333
Equals Net Change in C.P.I. 22.275
Divided by August 2022 C.P.I.: /291.333
Equals decimal change in C.P.I.: .0765
Pursuant to section 24-9(A)(1)(b) of the City Code, the permissible rent increase shall be equal to three-quarters of the C.P.I. increase. The calculation is as follows:

7.65% x.75 = 5.74%
The maximum permissible CPI rent increase for calendar year 2023 shall be

5.74%
C. Park Applications for C.P.I. Formula Rent Increases in 2023 There are twenty (20) mobile home parks in Oxnard, ranging in size from 39 spaces to 265 spaces. All twenty (20) parks applied for 5.74% C.P.I. space rent increases to take effect in calendar year 2023:

Country Club Mobile Estates
Evergreen R. V. Park
Meadowlake Park
Ocean-Aire Mobile Estates
Oxnard Pacific Mobile Estates
Pleasant Valley Mobile Home Park
Royal Duke Mobile Estates #1
Sunshine Manor Mobile Home Park
The Colony Mobile Home Park
Villa Capri Mobile Estates
Cypress Mobile Home Park
Imperial Oxnard Mobile Estates
Oxnard Mobile Home Lodge
Oxnard Shores Mobile Home Park
Royal Palms Mobile Estates
Royal Duke Mobile Estates #2
Sunny Acres Park
Silverwheel Mobile Home Park
Valley Trailer Villa
Kona Kai Mobile Estates
135
D. Homeowner Association Protests of C.P.I. Rent Increase Applications The Rent Stabilization System permits associations or groups of homeowners to challenge C.P.I. formula rent increase applications by filing a protest as defined in Chapter 24-2 of the City Code. When a protest is filed, the independent Hearing Officer conducts an evidentiary hearing, in accordance with Chapter 24-9(8) and 24- 13 of the Code. If the Hearing Officer determines that the homeowners have presented evidence of a reduction in services by the park owner, and a monetary savings, the Hearing Officer may reduce the pending rent increase by the amount saved by the park owner due to the deletion of reduction in services provided to homeowners.

Two Homeowner Association Protests of C.P.I. Rent Increase Applications were filed in 2023.

One homeowner protest was filed by a group of homeowners that reside in Country Club Mobile Estates. The protest challenged the respective park owners' C.P.I. increase alleged several service level reductions. Based on the findings of the protest hearing, the petition filed alleging service level reductions was dismissed with prejudice. The Hearing Officer ruled that the homeowners had not met their burden of proof. As a result, the C.P.I. increase applied for by the park was approved. At the same meeting, a second hearing was held, as the park owners filed a protest challenging the effective date of the C.P.I. Rent Increase Application submitted by the park owners for 2023, March 1, 2023 instead of April 1, 2023. The Hearing Officer ruled that the City’s determination to process the C.P.I. Rent Increase Application for an increase date of April 1, 2023 (rather than March 1, 2023) was upheld. As a result of the decision, the park was directed to refund the homeowners the 5.74% rent increase that was collected for the month of March 2023, within thirty (30) days of the Hearing Officer’s Decision becoming final.

The second homeowner protest was filed by a group of homeowners in Kona Kai Mobile Estates. The protest petition challenges the legitimacy of Kona Kai’s 2022 C.P.I Rent Increase Application which enacted a 4.0% rent increase imposed on April 1, 2022 and its potential impact on their 2023 C.P.I Rent Increase Application which proposes a 5.74% rent increase effective April 1, 2023. Based on the findings of the protest hearing, the Hearing Officer ruled that the park owners shall, within thirty (30) days of this Decision, refund or credit to homeowners the full amount of the 2023 rent increase increment that was collected from homeowners beginning in the month of April of 2023, for all months from April 2023 forward. The "full amount of the 2023 rent increase increment" is defined as the difference between the space rent for each that was approved effective April 1, 2021, and the amount of rent charged beginning in April of 2023; and the park owners must, within thirty (30) days of this Decision, returned space rents to levels which reflect the approved rent as of April 1, 2021, for 136
each space. Any future applications for rent increase shall be calculated using the approved rent levels as of April 2021 as the basis for said future rent increases.

On October 3, 2023, the park owners of Kona Kai Mobile Estates filed an appeal to the decision by the Hearing Officer, which would require a hearing by the Mobilehome Park Rent Review Board. Since the submission of the appeal, the owners of Kona Kai and its homeowners have been in active discussions trying to reach a settlement and avoid a hearing. A tentative hearing date has been scheduled for April 25, 2024, wherein which the Mobilehome Park Rent Review Board will either conduct a hearing in response to the appeal or confirm the settlement agreement E. Discretionary Rent Increase Applications
The Rent Stabilization System provides an avenue for parks to apply for space rent increases in amounts greater than the C.P.I. Formula Adjustment method.

When a park believes that it is not receiving a fair return on its investment, it may apply for a Discretionary Rent Increase. Such an application requires presentation of an audit; a review of the park's application by City staff; a review of the park's income and expenses by an independent Certified Public Accounting firm hired by the City; a report by that CPA to the Hearing Officer; a public hearing on the findings during which representatives of the affected homeowners and of the park owner present their evidence and arguments; and ultimately a written Decision with Findings of Fact, issued by the Hearing Officer.

The requirements for the processing of Discretionary Rent Increase applications are set forth in Chapter 24-10 of the City Code, and City Council Resolution No. 11,468.

No Discretionary Rent Increase Applications were submitted in 2023.

The most recent Discretionary increase application was processed in 2016, when the owner of Sunshine Manor Mobile Home Park submitted an application for a Discretionary Rent Increase, seeking an increase in the amount of 68.1%. That park was ultimately granted a Discretionary Rent Increase of 38.05%.

F. Utility Passthrough Applications
The City Code also permits park owners to apply for approval to pass through utility costs when segregated out or separately metered to individual homesites within a mobile home park.

No Utility Passthrough Applications were submitted in 2023.

G. Hearings conducted by Independent Hearing Officer
Evidentiary hearings are required for the implementation of the rent stabilization 137
ordinance. Rent increase, and change-of-occupancy determination hearings are adversarial in nature; passthrough hearings are investigative and nonadversarial. All hearings are conducted by an independent professional hearing officer, selected through the City's formal procurement policies. Mr. David B. Hart serves the City as hearing officer for all matters related to mobile home rent stabilization.

4. APPEALS TO THE RENT REVIEW BOARD
Pursuant to Chapter 24 of the City Code, either party may appeal a Decision of the Hearing Officer if that party is dissatisfied with the ruling. Unlike appeals of rulings by the City's Planning Commission, however, appeals under the rent stabilization system do not go to the City Council. Any Hearing Officer decision which is appealed is presented to the full Mobile Home Park Rent Review Board, which conducts a review of the record in open session, in accordance with Section 24-15 of the City Code. The Board reviews the record, and entertains arguments from the parties, but does not receive testimony nor conduct a de nova hearing on the matter in dispute. No Hearing Officer decisions have been appealed to the full Rent Review Board in any of the cases decided from 2016 through 2023.

5. ADOPTION
Pursuant to Chapter 24-6(C) of the Oxnard City Code, the 2023 Annual Activity Report of the Mobile Home Park Rent Review Board is hereby presented to the Oxnard City Council, having been adopted by a majority vote of the Commission at the Meeting of April 10, 2024.

Respectfully submitted,
______________________________
Efrain Jimenez, Chair
Date: April 10, 2024
138

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: May 21, 2024
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: First Amendment to Agreement with InterTalk Critical Information Systems.

RECOMMENDATION
That City Council approve and authorize the Mayor to execute the First Amendment to Agreement (contract A-8195) with InterTalk Critical Information Systems in the amount of $243,778.00 for a not to exceed contract amount of $968,192.00.

BACKGROUND
On July 6, 2020, the Council approved a 10-year agreement (A-8195) with InterTalk Critical Information Systems (InterTalk). Under the terms of the agreement, InterTalk shall provide hardware, software, and maintenance for the life of the agreement. This agreement updated the Police Department's Emergency Communications Center from the obsolete Motorola Gold Elite Radio Consoles to the InterTalk P25 Compatible radio consoles. P25 is a suite of standards for digital mobile radio communications. This purchase allowed for a future upgrade into a completely interoperable connection and integration into the County of Ventura’s Radio System.

At the time of the original agreement, rebuilding the radio infrastructure was not feasible due to cost and the state of the Police Department's current radio infrastructure. In 2023, the Police Department entered into discussions with the County of Ventura about a countywide radio infrastructure plan with subscriber capabilities. The First Amendment to the Intertalk Agreement includes the scope of work that will provide the necessary features, including upgrades to hardware and software, that will allow the Police Department to connect and subscribe to the County Radio System. Connecting to the County of Ventura's Radio System will achieve improved interoperability with surrounding agencies and satisfy the Department of Justice's mandate of securing information that is transmitted via the radio frequencies.

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

FINANCIAL IMPACT
There is sufficient budget available from ARPA Lost Public Sector Revenue project funding to cover this amendment. (For Finance Use Only: 3012131-5320-C2257 and 3012131-56040-C2257)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Gaye Lynn Ward, Police Communications Manager 139

ATTACHMENTS

1. 1st Amendment Packet A-8195

2. A-8195 Original Agreement
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189

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: May 21, 2024
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Adoption of Ordinance No. 3044 Adding Public Areas to Regulations on Camping.

RECOMMENDATION
That the City Council adopt Ordinance 3044 titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 7-319 OF THE OXNARD CITY CODE ADDING PUBLIC AREAS TO REGULATIONS ON CAMPING.

BACKGROUND
On April 30, 2024, the Oxnard City Council introduced an ordinance amending the Oxnard City Code by expanding the areas in the City where camping is prohibited.

If adopted, the ordinance would slightly modify the existing areas in the City where camping is prohibited as follows:

1. CENTRAL BUSINESS DISTRICT - An area in the city that is bounded by: Magnolia Avenue to the north and the north side of Wooley Road to the south. The area is bounded to the west by the west side of C Street from West First Street to West Third Street; the west alley of C Street from West Third Street to West Sixth Street, and the west side of C Street from West Sixth Street to Wooley Road to the west. The area is bounded to the east by the Oxnard Transit Center property’s easternmost edge, and east alley of Meta Street; the east alley of Oxnard Boulevard from East Seventh Street to Driffill Boulevard, and the west side of Donlon Avenue from Driffill Boulevard to the north side of Wooley Road.

2. PUBLIC AREAS - The Central Business District, the Oxnard Transit Center, Community Center Park East, Community Center Park West, and Wilson Park, the area encompassing H Street to the east, Ventura Road to the west, 2nd Street to the north and Fifth Street to the south, and the train tracks abutting Mercantile Street, the area encompassing 35.94 meters to the East and West of the train tracks abutting Mercantile Street bound by fencing, bounded to the North by the South of East Wooley Road and bounded to the South by the North of the Pacific Coast Highway.

On April 30, the City Council approved the introduction of the ordinance by a 7-0 vote.

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

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community. 190

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Andrew Gonzalez, Deputy City Attorney

ATTACHMENTS

1. Ordinance 3044
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CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3044

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
AMENDING SECTION 7-319 OF THE OXNARD CITY CODE ADDING PUBLIC

AREAS TO REGULATIONS ON CAMPING
WHEREAS, the City of Oxnard (“City”) recognizes the growing challenge of homelessness within its boundaries, necessitating the development of comprehensive and compassionate policies to address this issue; and
WHEREAS, the City acknowledges the legal precedents set forth by the Martin v. City of Boise and Johnson v. City of Grants Pass cases (collectively, “Court Decisions”), which emphasize the importance of respecting the constitutional rights of individuals experiencing homelessness; and
WHEREAS, the City recognizes its responsibility to balance the needs and rights of individuals experiencing homelessness with the broader interests of public health, safety, and welfare; and
WHEREAS, the Court Decisions do not prohibit the City from prohibiting camping at particular times or in particular locations; and
WHEREAS, the City Council adopted Ordinance 2966 codified in Chapter 7 Article XX of the Oxnard City Code, regulating camping in specified Public Areas of the City (The Central Business District, the Oxnard Transit Center, Community Center Park East, Community Center Park West, and Wilson Park); and
WHEREAS, the City Council has identified additional areas of the city that must be added to the list of Public Areas to prevent the accumulation of trash and debris, and to prevent the spread of disease and other potential health hazards throughout the city.

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

PART 1. ENVIRONMENTAL REVIEW
The City Council finds and determines that the adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2) in that the adoption of this Ordinance will not result in a direct or reasonably 192
foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.

PART 2. FINDINGS
The City Council hereby re-affirms the findings established in Ordinance 2966 adopted the City Council on October 1, 2019.

PART 3. CODE AMENDMENT
CHAPTER 7, ARTICLE XX, SECTION 7-319, SUBSECTIONS (D) and (M) of the Oxnard City Code is hereby amended to read as follows:
“(D) CENTRAL BUSINESS DISTRICT - An area in the city that is bounded by:

Magnolia Avenue to the north and the north side of Wooley Road to the south. The area is bounded to the west by the west side of C Street from West 1st Street to West 3rd Street; the west alley of C Street from West 3rd Street to West 6th Street, and the west side of C Street from West 6th Street to Wooley Road to the west. The area is bounded to the east by the Oxnard Transit Center property’s easternmost edge, and east alley of Meta Street; the east alley of Oxnard Boulevard from East 7th Street to Driffill Boulevard, and the west side of Donlon Avenue from Driffill Boulevard to the north side of Wooley Road.
(M) PUBLIC AREAS - The Central Business District, the Oxnard Transit Center, Community Center Park East, Community Center Park West, Wilson Park, the area of K street between 2nd Street and 5th Street, and the train tracks abutting Mercantile Street, the area encompassing 35.94 meters to the East and West of the train tracks abutting Mercantile Street bound by fencing, bounded to the North by the South of East Wooley Road and bounded to the South by the North of the Pacific Coast Highway.” PART 4. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, 193
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

PART 5. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

PART 6. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3044 was first read on April 30, 2024, and finally adopted on May 21, 2024 to become effective thirty days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
194

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: May 21, 2024
TO: City Council and Oxnard Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: United States Department of Housing Urban Development’s (HUD) Choice Neighborhoods Planning Grant Application.

RECOMMENDATION
That the City Council Authorize:

1. The City of Oxnard to participate as a co-applicant in a Choice Neighborhoods Planning Grant Application with the Housing Authority of the City of Oxnard;

2. The City Manager, or his designees, to enter into a Memorandum of Understanding with the Housing Authority of the City of Oxnard;

3. The use of $250,000 from the Community Development Block Grant Fund as a match for the Choice Neighborhoods Grant Application in Fiscal Year 2024-25;

4. The City Manager, or his designees, to fund new budget appropriations from the existing Community Development Block Grant appropriation; and,

5. The City Manager, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds awarded or modify the project.

That the Board of Commissioners Authorize:

1. The Executive Director, or his designee, to submit a Choice Neighborhoods Planning Grant Application;

2. The Executive Director to enter into a Memorandum of Understanding with the City of Oxnard;

3. The use of $250,000 from the Housing Authority’s Central Fund as a match for the Choice Neighborhoods Planning Grant; and

4. The Executive Director, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds committed or modify the project. (This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND
The United States Department of Housing Urban Development’s (HUD) mission is rooted in expanding housing and economic opportunities for low income households, addressing homelessness and building great neighborhoods. HUD offers an array of funding opportunities to support programs that align with their mission, with one of their hallmark programs being the Choice Neighborhoods Program.

The Choice Neighborhoods Program leverages significant public and private dollars to support locally driven revitalization strategies that address struggling neighborhoods with distressed public housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and stakeholders, such as housing authorities, cities, 195
schools, police, business owners, nonprofits and private developers, come together to create and implement a plan that revitalizes distressed public housing and addresses the challenges of the surrounding neighborhood.

The Choice Neighborhoods Program has three core goals:

1. Housing: Replace distressed public housing with high quality mixed income housing that is well managed and responsive to the needs of the surrounding neighborhood.

2. People: Improve outcomes of households living in the target housing related to employment and income, health, and children’s education.

3. Neighborhoods: Create the conditions necessary for public and private reinvestment in distressed neighborhoods to offer the kinds of amenities and assets, including safety, good schools, and commercial activity, that are important to the community.

The Choice Neighborhoods Program is comprised of two distinct funding opportunities including a planning grant and a subsequent implementation grant.

Choice Neighborhoods Planning Grants support the development of a comprehensive Neighborhood Transformation Plan (NTP), which focus on directing resources to address the program’s core goals of housing, people and neighborhoods. To achieve these core goals, communities are eligible to receive a planning grant to develop a comprehensive NTP. The NTP will become the guiding document for the revitalization of the public housing units while simultaneously directing the transformation of the surrounding neighborhood. Planning grant funds can be used to conduct studies, support outreach expenses, identify best practices and early action activities that accelerate revitalization. HUD released a Notice of Funding Opportunity (NOFO) on April 9, 2024 with the application due on June 10, 2024. Under the current Choice Neighborhoods Planning Grant NOFO, HUD made $10 million dollars available, with a maximum grant award of $500,000.

Choice Neighborhoods Implementation Grants support those communities that have undergone a comprehensive local planning process and are ready to implement their revitalization strategy to redevelop the distressed public housing and surrounding neighborhood. Implementation Grant funds can be used to construct affordable housing, acquire sites for redevelopment, provide supportive services, partner with employers and non-profits organizations to create jobs and job training programs and support activities that create sustainable communities. HUD typically releases the Choice Neighborhoods Implementation NOFO in September, with applications due in February, and makes $256 million available for awards up to $50 million each.

DISCUSSION
City Council adopted "2021-2025 City Council 5-Year Priorities" which included 25 overarching priorities, including the revitalization of specific corridors. Understanding City Council’s desire to revitalize priority neighborhoods, such as La Colonia and South Oxnard, staff continues to research and identify various funding sources that can drive investment and redevelopment in those neighborhoods.

The Choice Neighborhoods Program provides a unique opportunity to receive grant funding to complete robust outreach to develop a community led revitalization strategy and support the redevelopment of public housing and surrounding neighborhoods. In preparation for 2024 Planning Grant NOFO, staff released an RFP in July 2023, requesting Choice Neighborhoods Consulting and Grant Writing Services, which led to the selection of EJP Consulting Group, LLC (EJP).

EJP is full service consulting firm with vast experience in master planning, comprehensive neighborhood planning and redevelopment of public housing, and are nationally recognized experts in the Choice Neighborhoods Program.

In March 2024, EJP met with Housing Staff and toured the La Colonia and South Oxnard public housing sites and surrounding neighborhoods in an effort to determine their competitiveness for a Choice Neighborhoods Planning Grant.

Based on their evaluation, EJP recommended pursuing a Choice Neighborhoods Planning Grant for La Colonia and four Central Oxnard Neighborhoods including Fremont South, Wilson, Hobson Park East and Five Points Northeast. Attached is a map of the proposed planning area (Attachment 1).

Their evaluation identified the public housing sites at Felicia Court and Colonia Road, both located in La Colonia, as 196
strong candidates for redevelopment and conversion to high quality mixed income housing. The public housing sites and the proposed planning area meet additional threshold requirements for determining neighborhood eligibility under the Choice Neighborhoods Grant Program. Additionally, given the size of the public housing sites (170 units total), their location and proximity to key commercial corridors, as well as downtown Oxnard, and various public owned sites, provide the greatest opportunity for redevelopment and revitalization of both the public housing and the surrounding neighborhoods.

The NTP developed through the Choice Neighborhoods Planning Program will complement and draw upon existing planning and design efforts and will be created in partnership with existing community residents, local stakeholders and partner organizations who will provide technical expertise to various aspects of the plan including but not limited to urban design, development, infrastructure, education, youth empowerment, food access, transportation and mobility, public safety and employment.

Partnerships with governmental agencies, non-profits and service providers are a vital element to a successful application and development of a viable NTP. Partners that agree to participate will actively engage in the development of the NTP and will be relied upon for the experience in their respective field.

In addition to external partners, numerous city departments will need to participate in the planning process, namely the City Manager’s Office, Community Development, Public Works, Cultural and Community Services, Information Technology, Fire and Police Departments’. The participation of these departments is vital as many of the required elements of the NTP will rely on the expertise of these departments.

The Oxnard Housing Department will oversee all aspects of the planning process, including public outreach and management of contracted consultants and other partner organizations providing technical assistance on the NTP.

EJP recommends that the Oxnard Housing Authority be the lead applicant for the Choice Neighborhoods Planning Grant and the City of Oxnard be a co-applicant, in an effort to leverage both entities assets and resources. In order to memorialize the partnership, the grant requires that the City of Oxnard and Oxnard Housing Authority enter into a Memorandum of Understanding (Attachment 2).

If selected/awarded the grant, to actually receive grant funding, applicants must provide a match to support the cost of completing the NTP. See details in the FINANCIAL IMPACT section of this report.

Choice Neighborhood Planning Grant awards have historically been announced in Fall 2024.

If awarded a Choice Neighborhoods Planning Grant, EJP would be retained for consulting services, to facilitate all of the required elements of the NTP, which includes a comprehensive evaluation of the neighborhood, facilitate the planning process, development of plans and the identification of creative financing and implementation approaches.

A successful Choice Neighborhoods Planning Grant application provides the Housing Department with the framework for meeting the requirements for HUD’s Choice Neighborhoods Implementation Grant, which awards up to $50 million for the redevelopment Felicia Court and Colonia Road public housing sites and revitalization of the project area.

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 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.

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. 197
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT
The Choice Neighborhoods Planning Grant will support the development of the NTP, which is currently projected to cost $1,250,000. The Grant would provide $500,000, and the City of Oxnard requests three funding sources to provide the remaining $750,000.

The Housing Authority’s Central Fund has $250,000 available to support their portion of the match requirement. Staff requests that the City Council authorize the use of $250,000 from the Community Development Block Grant fiscal year 2024-2025 existing appropriation (fund 2018105-57410) for the grants required match. If the grant is awarded, staff will bring to City Council a recommendation to appropriate an additional $250,000 from the General Fund.

If selected, in addition to the cash match, the Housing Authority and City will commit staff to support the grant. The staff committed to this project would be supported through the Housing Department’s current and standard budgetary resources. No additional staff resources will be needed to support the grant. Over the two-year planning process, approximately $609,985 of in-kind staff time from the Housing Authority and City will be made available to support the grant.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Planning Area Map

2. Memorandum of Understanding

3. PowerPoint Presentation
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Attachment 1 – Planning Area Map
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1 MEMORANDUM OF UNDERSTANDING
FOR
FY2024 CHOICE NEIGHBORHOODS PLANNING GRANT
FOR

LA COLONIA AND CENTRAL OXNARD NEIGHBORHOODS
This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 21st day of May, 2024 (“Agreement”), by and between the Housing Authority of the City of Oxnard, a public body corporate and politic duly created and organized under the laws of the State of California, its successors and assigns (“OHA”), and the City of Oxnard, a municipal corporation of the State of California (“City”). Although this MOU is not a binding contract, it expresses the parties' intent to cooperatively and collaboratively work together in applying for certain grant funding.

RECITALS
WHEREAS, OHA is a public body corporate and politic of the State of California (“State”), incorporated with the approval of the City, pursuant to provisions of the Constitution of the State and under the Housing and Community Development Article of the Annotated Code of California (“Housing Article”), as may be amended; and
WHEREAS, Subject to release of Deed of Trust by the United States Department of Housing and Urban Development (“HUD”), OHA owns or shall come to own directly or through ownership of the fee estate conveyed by long-term lease or through membership or partnership interests directly or through its affiliates in limited liability companies or limited partnerships various Housing Projects, as “Housing Projects” is defined in Section 12-101 of the Housing Article, including La Colonia and Felicia ( “Target Housing”) which receive Section 9 public housing operating and capital assistance from HUD; and
WHEREAS, the Target Housing and surrounding neighborhood are severely distressed; and
WHEREAS, on April 9, 2024, HUD issued the Choice Neighborhoods Planning Grants Notice of Funding Opportunity for Fiscal Year 2024 ("NOFO"). The Choice Neighborhoods Planning Grant ("Grant") assists communities in developing a successful "Transformation Plan" addressing housing, people, and neighborhoods and builds the support necessary for the Transformation Plan to be successfully implemented; and WHEREAS, OHA and the City determined that the best way to provide a transformative planning process for the Target Housing and neighborhood is to pursue the Grant under the NOFO; and
WHEREAS, if awarded, the Grant will provide up to $500,000 toward the development of a comprehensive Transformation Plan to guide the redevelopment of the Target Housing plus limited physical improvements, while simultaneously directing the transformation of the La Colonia and Central Oxnard Neighborhoods and providing positive outcomes for families; and NOW, THEREFORE, the Parties hereby enter into this MOU with respect to the Grant as follows:
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2 1. PURPOSE
OHA and the City will cooperate and work collaboratively for the purposes of applying for the Grant funds and undertaking or assisting in undertaking eligible activities identified in the NOFO and application for the Grant funds, if awarded. The Parties agree to work together in a mutually beneficial and cooperative fashion in order to ensure that the best possible Grant application is submitted and, if the Grant is awarded, to ensure the development of a community led Transformation Plan and successful implementation of the Grant. Each Party understands that it will be required to exercise reasonable efforts to perform its responsibilities under the Grant and to allocate sufficient personnel and other resources to fulfill such responsibilities in accordance with the relevant terms of the Grant.

2. SCOPE OF WORK
OHA will serve as the lead applicant, with the responsibility to follow all NOFO requirements and the terms of any associated HUD Grant Agreement, if awarded ("Grant Agreement"). The City will serve as co-applicant with its staff playing significant roles in the Grant planning process.

As lead applicant, OHA agrees to execute various Grant application and planning documents as required by HUD. In addition, OHA will:
a) ensure that the planning project is carried out in compliance with all Grant requirements and in substantial compliance with the Grant application; b) monitor performance under project agreements and procurement contracts; c) assume responsibility for environmental reviews;
d) keep the City apprised of all planning activities, issues requiring resolution and Board vote, and schedule;
e) submit documents to HUD as required for participation in the Grant program; f) manage the planning coordinator and other contractors and related contracts in the development of the Transformation Plan; and
g) access funding through HUD's Line of Credit Control System (“LOCCS").

The City will co-sign the Grant Agreement and be jointly responsible with OHA for implementing the planning activities identified in the Grant application and agreement as amended as needed throughout the Grant period. The City will commit knowledgeable and experienced resources to the development of a feasible Transformation Plan. The City will not directly receive access to Grant funding through the LOCCS.

3. DURATION
The cooperation and mutual understandings set forth in this MOU shall commence upon the effective date and continue until the end date of the Grant as provided in the Grant Agreement, unless terminated earlier by either Party in writing. In the event the Parties are not awarded the Grant, this MOU will automatically terminate upon HUD's announcement of the Grant awardees.

4. MODIFICATION
No alteration or modification of this MOU shall be valid unless made in writing and signed by both Parties.
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3 5. MISCELLANEOUS
This MOU concerns only the Grant and does not concern any other work undertaken by the parties to this MOU, whether jointly or separately. This MOU does not create any permanent partnership between the parties nor does it limit the parties in their rights to carry on their individual activities for their own benefit.

IN WITNESS WHEREOF, OHA and the City have caused this Agreement to be executed under Seal as of the day and year written above.

Housing Authority of the City of Oxnard City of Oxnard
Emilio Ramirez
Executive Director
Alexander Nguyen
City Manager
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HUD Choice Neighborhoods Planning
Grant Application
Emilio Ramirez, Director
Housing Department
City Council
Board of Commissioners
May 21, 2024
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BACKGROUND 2

1. The United States Department of Housing Urban Development offers an array of funding opportunities to support programs that align with their mission, with one of their hallmark programs being the Choice Neighborhoods Program.

2. The Choice Neighborhoods Program leverages significant public and private dollars to support locally driven revitalization strategies that address struggling neighborhoods with distressed public housing.

3. The Choice Neighborhoods Program has three core goals:
a. Housing: Replace distressed public housing with high quality mixed income housing.
b. People: Improve outcomes of households living in the target housing related to employment and income, health, and children’s education. c. Neighborhoods: Create the conditions necessary for public and private reinvestment in distressed neighborhoods.

4. The Choice Neighborhoods Program is comprised of two distinct funding opportunities including a planning grant and a subsequent implementation grant. 204

PROPOSED PLANNING AREA

1. Staff believed the public housing in La Colonia and South Oxnard, and their surrounding neighborhoods, lent themselves for a competitive planning grant application.

2. In preparation for 2024 Planning Grant Notice of Funding Opportunity, staff released a Request for Proposals in July 2023, requesting Choice Neighborhoods Consulting and Grant Writing Services, which led to the selection of EJP Consulting Group.

3. EJP recommended pursuing a Choice Neighborhoods Planning Grant for La Colonia and four Central Oxnard Neighborhoods including Fremont South, Wilson, Hobson Park East and Five Points Northeast.

4. Their evaluation identified the public housing sites at Felicia Court and Colonia Road, both located in La Colonia, as strong candidates for redevelopment and conversion to high quality mixed income housing.

5. The public housing sites and the proposed planning area meet additional threshold requirements for determining neighborhood.
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PROPOSED PLANNING AREA MAP 4
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NEIGHBORHOOD TRANSFORMATION PLAN

1. The Neighborhood Transformation Plan will complement and draw upon existing planning efforts and created in partnership with existing community residents, local stakeholders and partner organizations who will provide technical expertise to various aspects of the plan including but not limited to urban development, infrastructure, education, food access, transportation, public safety and employment.

2. Partnerships with governmental agencies, non-profits and service providers are a vital element to a successful application and development of a viable Neighborhood Transformation Plan.
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MOU & GRANT MATCH

1. EJP recommends that the Oxnard Housing Authority be the lead applicant for the Choice Neighborhoods Planning Grant and the City of Oxnard be a co-applicant, in an effort to leverage both entities assets and resources.

2. In order to memorialize the partnership, the grant requires that the City of Oxnard and Oxnard Housing Authority enter into a Memorandum of Understanding.

3. To receive grant funding, applicants must provide a match to support the cost of completing the Neighborhood Transformation Plan.

4. This report recommends allocating $250,000 from the Housing Authority’s Central Fund, $250,000 from the General Fund and $250,000 from the City’s Community Development Block Grant Program Fund as a match.

5. Finally, $577,525 of in-kind staff time from Housing Authority and City will be made available to provide a total match of $1,327,525.
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PLANNING GRANT AWARD

1. Choice Neighborhood Planning Grant awards have historically been announced in Fall 2024.

2. If awarded a Choice Neighborhoods Planning Grant, EJP would be retained for consulting services, to facilitate all of the required elements of the Neighborhood Transformation Plan, which includes a comprehensive evaluation of the neighborhood, facilitate the planning process, development of plans and the identification of creative financing and implementation approaches.

3. A successful Choice Neighborhoods Planning Grant application provides the Housing Department with the framework for meeting the requirements for the Choice Neighborhoods Implementation Grant, which awards up to $50 million for the redevelopment Felicia Court and Colonia Road public housing sites and revitalization of the project area.
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CITY COUNCIL RECOMMENDATION

1. Authorize the City of Oxnard to participate as a co-applicant in a Choice Neighborhoods Planning Grant Application with the Housing Authority of the City of Oxnard;

2. Authorize the City Manager, or his designees, to enter into a Memorandum of Understanding with the Housing Authority of the City of Oxnard;

3. Authorize the use of $250,000 from the Community Development Block Grant Fund and $250,000 from the General Fund as a match for the Choice Neighborhood Grant Application;

4. Authorize the City Manager, or his designees, to fund new budget appropriations from the General Fund and from the existing Community Development Block Grant appropriation; and

5. Authorize the City Manager, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds awarded or modify the project. 8 210

BOARD OF COMMISSIONERS RECOMMENDATION

1. Authorize the Executive Director, or his designee, to submit a Choice Neighborhoods Planning Grant Application;

2. Approve and authorize the Executive Director to enter into a Memorandum of Understanding with the City of Oxnard;

3. Authorize the use of $250,000 from the Housing Authority’s Central Fund as a match for the Choice Neighborhoods Planning Grant; and

4. Authorize the Executive Director, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds committed or modify the project. 9 211
212

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. L.1
DATE: May 21, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Hearing for an Ordinance Granting the Renewal of the Crimson California Pipeline, L.P.

Franchise Agreement to Operate and Maintain a Petroleum Pipeline. (10 minutes)

RECOMMENDATION
That the City Council:

1. Conduct a public hearing regarding the uncodified ordinance to renew the franchise agreement with Crimson California Pipeline, L.P.;

2. Consider any testimony or objections to the franchise agreement and introduce by title only and waive further reading of an uncodified ordinance titled:

UNCODIFIED ORDINANCE OF THE CITY OF OXNARD GRANTING THE RENEWAL OF THE CRIMSON CALIFORNIA PIPELINE, L.P. FRANCHISE AGREEMENT TO OPERATE AND MAINTAIN A PIPELINE FOR

THE TRANSPORTATION OF PETROLEUM PRODUCTS UNDER, ALONG AND ACROSS HARBOR BOULEVARD.
(Public Works and Transportation Committee adopted (3-0)).

Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND
On May 5, 1981, the City of Oxnard, by Ordinance No. 1869, granted to Union Oil Company of California (“UNOCAL”) the right to lay, maintain, and operate 2,017.5 linear feet of 8-inch pipeline along Harbor Boulevard in Oxnard, for a period of forty (40) years. In January 1992, UNOCAL transferred its rights to UNOCAL California Pipeline Company (“UNOCAP”). The City formally agreed to the transfer of all rights, title, and interest in the franchise from UNOCAL to UNOCAP on April 4, 2000.

Thereafter, on February 1, 2005, UNOCAP merged with ConocoPhillips Pipe Line Company (“Conoco”) and the City formally consented to the transfer of all rights, title, and interest in the franchise from UNOCAP to Conoco on April 5, 2005. Then in 2008, Crimson California Pipeline, L.P. (“Crimson”) purchased pipeline assets from Conoco, which included the franchise. On December 16, 2008, the City Council consented to the Bill of Sale transferring the pipeline assets from Conoco to Crimson.

DISCUSSION
The 40-year franchise initially granted to UNOCAL and now held by Crimson was set to expire in June 2021. Crimson contacted the City in a letter dated November 4, 2019, formally requesting that the franchise be renewed for an additional ten (10) years. Due to the COVID-19 pandemic and staff transitions within Crimson and the City, the renewal was not 213
completed before the franchise expired; however, Crimson continued to pay the City for the franchise in 2021, 2022, 2023, and 2024 in accordance with the franchise agreement. This uncodified ordinance renews the 40-year franchise for an additional 10 years, granting Crimson the ability to operate and maintain the existing pipeline currently in place along Harbor Boulevard near the McGrath and Mandalay Generating Stations.

The subject pipeline along Harbor Boulevard (Line #830) is a part of the Line 600 pipeline system, which is made up of multiple pipelines that transport crude oil to the Crimson Ventura Tank Farm, outside City boundaries. The pipeline is active and exclusively transports crude oil. The Line 600 pipeline system includes approximately 100 miles of pipe, three tanks with over 200,000 barrels of storage capacity and a crude oil truck unloading facility. The pipeline along Harbor Boulevard is considered a gathering pipeline, meaning it transports crude oil from a facility that extracts crude oil from the ground. During the April 9th Public Works and Transportation Committee meeting, committee members had questions about the pipeline’s history, maintenance schedule, and Crimson’s leak detection and repair procedures. A Crimson Operations staff member will be available at the May 21st City Council meeting to answer these questions.

Crimson makes annual payments to the City for the franchise. The payment amount fluctuates with the Consumer Price Index (“CPI”) for the Los Angeles region. Between 2020 and 2023, Crimson’s average annual payment was $3,420.62.

The new franchise terms and conditions are based on the 1981 terms and conditions. However, language has been amended and added to multiple sections to include simple procedures, to protect the City from liability, and to change how the annual payment is calculated. Crimson’s first annual payment under the new franchise agreement will be $8,070 and will increase according to the CPI for the Los Angeles region each year thereafter.

To grant Crimson a 10-year franchise, the City must take the following actions listed in the Public Utilities Code Section 6201 et. seq.:
• Adopt a resolution of intent to grant the franchise, which must include the date, time, and place of a public hearing at which all protests and objections may be heard; • Publish notice of the public hearing in a newspaper of general circulation fifteen (15) days after the resolution of intent is adopted;
• Hold the public hearing to introduce the ordinance to grant the renewal of the franchise agreement and consider all protests and objections not less than twenty (20) days or more than sixty (60) days after the resolution is adopted.

Pursuant to the Public Utilities Code, the City Council adopted the Resolution of Intent on April 30th and a public hearing was set for May 21st to consider the uncodified ordinance. Notice of the public hearing was published in Vida newspaper, a newspaper of general circulation, on May 9th. After Council conducts the public hearing on the franchise agreement, it may introduce the uncodified ordinance, which will then be presented to the City Council on June 18, 2024, for adoption. Once this ordinance is effective, 30 days after adoption, Crimson has 30 days to file a written acceptance of the franchise and agree to the terms and conditions with the City Clerk.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
This item has a positive financial impact on the City. Payments made on City-granted franchises are placed in the General Fund.

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on April 9, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Michelle McCarron, Assistant City Attorney 214

ATTACHMENTS

1. Crimson Franchise Agreement Ordinance

2. Resolution No. 15,774 (Resolution of Intent)

3. Ordinance 1869 Granting 40-year Franchise

4. Resolution 12790_Ox Consent to UNOCAP to CONOCO

5. Resolution 13574_Ox Consent to CONOCO to CRIMSON

6. Resolution 11708_Ox Consent to UNOCAL to UNOCAP

7. Presentation
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SB 514286 v2:006670.0038

CITY OF OXNARD
UNCODIFIED ORDINANCE NO.

UNCODIFIED ORDINANCE OF THE CITY OF OXNARD GRANTING THE RENEWAL OF THE CRIMSON CALIFORNIA PIPELINE, L.P. FRANCHISE

AGREEMENT TO OPERATE AND MAINTAIN A PIPELINE FOR THE

TRANSPORTATION OF PETROLEUM PRODUCTS UNDER, ALONG AND ACROSS HARBOR BOULEVARD.

WHEREAS, on May 5, 1981, the City of Oxnard, by Ordinance No. 1869, granted to Union Oil Company of California (“UNOCAL”), its successors and assigns, the right to lay, maintain, and operate approximately 2,000 linear feet of 8-inch pipeline (the “Oxnard Pipeline”) along Harbor Boulevard in Oxnard, for a period of forty years; and
WHEREAS, in January, 1992, UNOCAL transferred its rights to UNOCAL California Pipeline Company (“UNOCAP”); and
WHEREAS, on April 4, 2000, the City formally consented to the transfer from UNOCAL to UNOCAP of all rights, title, and interest in the franchise concerning the operation of the Oxnard Pipeline under Ordinance No. 1869; and
WHEREAS, effective February 1, 2005, UNOCAP merged into ConocoPhillips Pipe Line Company (“CONOCO”); and
WHEREAS, on April 5, 2005, the City formally consented to the transfer from UNOCAP to CONOCO of all rights, title, and interest in the franchise concerning the operation of the Oxnard Pipeline under Ordinance No. 1869; and
WHEREAS, on November 2, 2007, Crimson California Pipeline L.P.( “Crimson) advised the City that it had entered into a Purchase and Sale Agreement with CONOCO for pipeline assets covered under the franchise created by Ordinance No. 1869; and
WHEREAS, the Bill of Sale transferring the pipeline assets from CONOCO to Crimson became effective as of July 1, 2008; and
WHEREAS, on December 16, 2008, the City Council consented to the Bill of Sale transferring all rights, title, and interest in the franchise concerning operation of the pipeline from CONOCO to Crimson; and
WHEREAS, Crimson contacted the City in November 2019 to renew the franchise for an additional 10 years, however the COVID-19 pandemic and staff turnover at Crimson and the City impeded renewal causing the franchise to expire in June 2021; and WHEREAS, Crimson has continued to pay the annual fee while negotiations continued through this year, which annual fee has been accepted by the City of Oxnard as payment in full; and WHEREAS, pursuant to state law, the City Council adopted a resolution declaring its intention to grant this franchise during a regular meeting held on April 30, 2024; and 216
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2 WHEREAS, on May 21, 2024, the City Council held a duly noticed public hearing and, after considering all oral and written testimony presented at that hearing, introduced the Ordinance to grant this franchise to Crimson; and
WHEREAS, the City Council desires to grant this franchise to Crimson, its successors and assigns, in accordance with the terms and conditions of this Ordinance for a period of ten years as provided herein.

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

PART 1. The City of Oxnard, referred to as “City”, hereby grants to Crimson California Pipeline, L.P., its successors and assigns, collectively referred to as “Grantee”, a non-exclusive franchise to lay, construct, operate, maintain, renew, repair, change the size of, remove and or abandon in place one oil pipeline and one gas pipeline, not to exceed eight inch (8) nominal diameter, for the transportation of petroleum, oil, gas, and liquid hydrocarbon products thereof, together with all manholes, valves and appurtenances and service connections necessary or convenient to properly maintain and operate said pipeline, including facilities necessary for cathodic protection of said pipelines, collectively referred to as “franchise facilities,” in, under, along and across those certain public streets within the City of Oxnard described in Ordinance No. 1869 as follows:

Along Harbor Boulevard from the north City of Oxnard boundary line to a point located 1,975’ southerly.

THIS FRANCHISE RIGHT IS SUBJECT TO THE FOLLOWING COVENANTS, TERMS AND CONDITIONS:

SECTION 1. DURATION OF FRANCHISE:

This franchise shall be for a period of 10 years commencing on the effective date of this Ordinance, unless sooner terminated as herein provided. City reserves the right to terminate this franchise prior to its expiration date in the event:
(a) Grantee fails to comply with any provisions hereof. If such failure is due to a cause beyond the control of Grantee, the franchise shall not be so terminated. In the event Grantee shall default in the performance of any of the terms, covenants or conditions herein and such default is curable, City shall give written notice to Grantee requesting that the commencing of the work necessary to cure such default be started within 10 days, and if Grantee fails to comply with such notice, City may terminate this franchise; or
(b) Any provision hereof becomes invalid or unenforceable and City expressly finds that such provision constituted a consideration material to the granting of this franchise.

In either case, the City shall give the Grantee 10 days notice of any termination proceedings.

SECTION 2. CONSTRUCTION AND OPERATION:
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3 A. LOCATION OF FRANCHISE FACILITIES: The location of any franchise facilities installed hereunder shall be first approved by the City Engineer.

B. QUALITY CONTROL AND CONTENT: All franchise facilities installed and maintained hereunder shall be constructed in a good and workmanlike manner and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by the City. All franchise facilities installed shall conform to all applicable laws and highest applicable standards of the Federal Government and State of California, including the American National Standard Code for Pressure Piping, in its latest revision. The Grantee shall keep the City informed of the content or type of substance conveyed in any pipe in order for the City to evaluate the flammable nature or any potential dangers. In the event that the Grantee intends to ship a product other than crude oil, the Grantee shall notify the City of its intentions a minimum forty-five (45) days in advance of doing so.

C. OPERATION: The franchise facilities shall be maintained and operated in a manner consistent with the laws and highest applicable standards of the Federal Government, State of California, and/or City of Oxnard. Grantee shall be liable for any and all damage resulting from the activities and facilities of this franchise and shall be bound by all duties and liabilities of the Grantee as provided by Public Utility Code Section 6291 et. seq.

Except as otherwise provided below, Grantee may not or permit any hazardous materials to be discharged or released in, under, or about the streets or adjacent properties at any time. Grantee must, at its expense, procure, maintain in effect and comply with all conditions of any and all applicable permits, licenses, and other governmental and regulatory approvals required of Grantee for Grantee’s use of the streets or adjacent properties. Upon expiration or earlier termination of the franchise term, Grantee must cause all hazardous materials released by Grantee in or under the Streets or adjacent properties, if any, to be removed from the streets or adjacent properties in accordance with and in compliance with all applicable laws. Grantee may not take any remedial action in response to the presence of any hazardous materials in or about the streets or adjacent properties, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any hazardous materials in any way connected with the streets or adjacent properties, without first notifying City of Grantee’s intention to do so and affording City ample opportunity to appear, intervene or otherwise appropriately assess and protect City’s interests.

Grantee must immediately notify City in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any applicable laws relative to the streets or adjacent properties; (ii) any claim made or threatened by any person against Grantee or the streets or adjacent properties relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from any hazardous materials; and (iii) any reports made to any governmental agency arising out of or in connection with any hazardous materials in or removed from the streets or adjacent properties, including any complaints, warnings or asserted violations in connection therewith. Grantee must also supply to City as promptly 218
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4 as possible copies of all claims, reports, complaints, notices, warnings or asserted violations, relating in any way to the streets or adjacent properties, or Grantee’s use of the streets. Grantee must promptly deliver to City copies of manifests reflecting the legal and proper disposal of all hazardous materials removed by the Grantee from the streets or adjacent properties.

D. STREET EXCAVATION: Grantee shall have the right to make all necessary excavations in the street or public right of way for the purposes granted in this franchise, but nothing herein contained shall relieve Grantee from the provisions of any ordinance or law that may be in force at the time, requiring permits to be obtained for excavations before such work is commenced. In emergencies, Grantee may commence excavation of streets without prior permit; provided, however, that Grantee acts in a reasonable and diligent manner as soon as practicable after the onset of said emergency to obtain a permit authorizing such work.

All excavations shall be made and refilled in strict compliance with all Federal and State laws and highest applicable standards, including City ordinances, standards and policies that may be in effect at the time of the performance of the work and shall be so made as not to interfere unreasonably with the free use of the streets and public right of way by the public. Upon completion of the work for which street excavations are made, all portions of the streets or public right of way which have been excavated or otherwise damaged by such excavation work shall be restored to at least as good condition as they were in before the commencement of such work, to the satisfaction of the City Engineer.

Grantee acknowledges that the City’s records may not be complete and that pipes and appurtenances previously unknown to City are frequently discovered. Consequently, by granting this franchise or by approving any excavation permit requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein will make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City’s approval of excavation permit plans, regardless of whether any information is supplied by the City to the Grantee pertaining to the location of existing pipes, facilities or other improvements on, in or under any street or other public property.

E. EMERGENCY WORK: At its sole expense the Grantee shall promptly repair and clean up any leaks or breaks in pipelines or other franchise facilities.

If any portion of any street shall be damaged by reason of breaks or leaks in any pipe or other franchise facilities constructed, operated, or maintained under this franchise, the Grantee shall, at its sole expense, take immediate steps to repair any such damage and restore such street to at least as good condition as it was before such break or leak, and to the satisfaction of the City Engineer. Such emergency repair of franchise facilities may be commenced without prior permit. However, Grantee shall, but not later than the next normal working day, apply to the City Engineer for a permit authorizing such emergency work.
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5 The Grantee must develop and maintain an emergency response plan, reasonably satisfactory to the City, which covers all franchise operations within the City, including . an emergency response plan meeting the requirements of Federal and State law. The emergency response plan must include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including without limitation to traffic control, street excavation pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the City may reasonably require. Repairs to a public street, alley or parkway must be completed within a reasonably expeditious time following Grantee’s completion of repairs to its facilities and clean up of any materials released from its facilities. Except in cases of an emergency, the City must be notified ten (10) days in advance of any proposed change in such arrangements. Any changes in or revisions to Grantee’s emergency response plan must be submitted to the City consistent with Grantee’s emergency response plan notifications as required by State and Federal law.

Whenever any pipeline or other franchise facilities breaks or leaks so as to cause the release of oil or petroleum products into or under the public right of way, Grantee, and any other person using or controlling the pipeline or other franchise facilities, must immediately notify the City’s Police Department and Public Works Department and implement precautionary safety measures including traffic control, system shutdown, valve closures, and public notification. In the event of an emergency which threatens life, health, safety, or property, and where it is not possible to obtain an excavation permit before commencing the work, the Grantee may commence such work; provided, however, that Grantee acts in a reasonable and diligent manner as soon as practicable after the onset of said emergency to obtain a permit authorizing such work. Adequate traffic safety barriers must be maintained at all times, and any damaged portion of the street must be restored to at least the condition that existed immediately before the damage.

Should Grantee, after reasonable notice, fail or refuse to pave, surface, grade, repave, resurface or regrade any damaged street as required by the provisions of this franchise, the City may cause the work to be done after written notice is given to Grantee and will keep an itemized account of all costs incurred. The Grantee agrees to, and must, reimburse the City for all such costs, including reasonable administrative overhead expenses, within thirty (30) days after presentation to Grantee of an itemized account of such costs.

F. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS: If the City Engineer shall determine that it is reasonable and necessary that franchise facilities be disconnected temporarily, removed temporarily or permanently, relocated temporarily or permanently, abandoned, or substitute facilities installed, in order for the City, when acting in a governmental capacity, to relocate, grade, construct, use, maintain, change or modify any street improvement or City-owned utility facilities, said City Engineer shall give written notice to the Grantee. Within 30 days after the service of such notice upon the Grantee, the Grantee shall at its sole cost and expense begin and diligently prosecute the necessary work to completion. Upon failure to do so, the City Engineer may cause 220
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6 said work to be completed and the Grantee shall immediately pay for the same upon presentation of an itemized account of the cost thereof.

After receiving written notice from the City that work is to be done pursuant to any reserved right and specifying the general nature of the work and the area in which the same is to be performed, the Grantee must commence to do all things necessary to protect and support its franchise facilities during the progress of such work. If so ordered by the City, Grantee must relocate those pipes and other franchise facilities installed, used and maintained within the street to such extent, in such manner, and for such period as is necessary to permit the performance of such work in an economical manner, and to permit the maintenance, operation and use of such street improvement.

Nothing in this Agreement may be construed to require the City to move, alter, or relocate any of its pipelines upon public streets at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation, now or hereafter owning a public utility system of any type or nature, or to move, alter, or relocate any part of its pipelines upon said streets for the convenience, accommodation or necessity of the Grantee.

G. ABANDONMENT OF FRANCHISE FACILITIES: The City
Engineer, upon such terms and conditions as he or she may determine, including but not limited to pigging the pipeline, plugging the pipeline, and complying with all applicable State and/or Federal laws for abandonment of oil and gas pipelines, may give Grantee permission to abandon, in accordance with Article 4 of Chapter 2 in Division 3 of the Public Utility Code, the franchise facilities installed under this and prior franchise agreements. The length of any pipeline, conduit or pole line abandoned with such permission shall not be considered in calculating payments due under the franchise following the date the City Engineer or a designated representative has inspected and approved in writing the abandonment work.

Should Grantee abandon all or any part of the pipeline and other franchise facilities which encompass this franchise, such abandonment must be accomplished by Grantee as required by the State of California Pipeline Safety Act, or other governing State or Federal laws or statutes. The ownership of all franchised facilities so abandoned in place, immediately vest in the City except that Grantee will retain all liability for the installation or construction of those facilities, and any liability for hazardous materials, as those liabilities exist as of the date of the Abandonment.

H. INCLUSION OF SPECIAL USE PERMIT NO. 806: All provisions of Special Use Permit No. 806 that are applicable to pipelines and the franchise facilities are hereby included within this ordinance and are to be considered equally.

SECTION 3: MAPS AND RECORDS:

Within six months following the date in which any franchise facilities have been installed, relocated, removed or abandoned under this franchise, the Grantee shall warrant the accuracy of and file a map or maps with the City in such form as mutually agreed 221
Ordinance No. _________

7 between Crimson and the City Engineer showing the location, length and size of all such facilities so installed, relocated, removed or abandoned.

SECTION 4: COMPENSATION TO THE CITY:

Adhering to Public Utilities Code section 6231.5, and as it may be amended from time to time, within 75 days after the end of each calendar year the Grantee shall, during the life of this franchise, annually pay to the City in lawful money of the United States the following: The sum acquired by multiplying one-half of the nominal internal diameter of the pipeline (inches), by the number of lineal feet of the pipeline within the City’s boundaries, known as the Base Rate. However, the amount of each annual payment shall be revised in accordance with the following formula:
(a) The annual payment shall be increased annually by multiplying the base rate by the change in the Consumer Price Index (“CPI), All Urban Consumers, for the Los Angeles-Long Beach-Anaheim area (1982-1984=100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which the annual payment is due and payable, and divided by the CPI for June 30, 1989, which is declared to be 100.00. Under no circumstances shall the multiplying factor be less than one. The sum so calculated shall constitute the new Base Rate.

SECTION 5: TERMINATION OF EXISTING FRANCHISE:

This grant is made in lieu of all other franchises, rights, or privileges owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing petroleum, oil, and liquid hydrocarbon, within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted.

SECTION 6: INSURANCE
Grantee shall obtain and maintain during the performance of any activities under this franchise the insurance coverages listed within “Exhibit A”, which is attached hereto and incorporated herein by this reference. Maintenance of insurance coverages by Grantee is a material element of this franchise. Grantee’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Agreement, the City may obtain such coverage at Grantee's expense or terminate this franchise.

Grantee must deliver to City, in the manner provided for notices, copies or endorsements of all insurance certificates and endorsements required by this Ordinance, within the following time limits:
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8 1. For insurance required at commencement of this Ordinance, within thirty (30) days after this Ordinance becomes effective;

2. For insurance becoming required at a later date, at least ten (10) days before the requirement becomes effective, or as soon thereafter the requirement, if new, becomes effective; and

3. For any renewal or replacement of a policy already in existence, at least twenty (20) days after expiration or other termination of the existing policy.

SECTION 7: EMINENT DOMAIN:

The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the facilities of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City’s right of eminent domain in respect to the Grantee or any public utility. Nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefore at the time of the acquisition thereof.

SECTION 8: INDEMNIFICATION:

The Grantee, by the acceptance or use of the franchise agrees to defend, indemnify and hold harmless the City, its officers, agents or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established for damage to persons or property of whatsoever nature, arising out of any of the operations or activities of the Grantee pursuant to this franchise. Grantee agrees to the above whether such damage shall be caused by negligence or otherwise. The above shall not apply to any claim, demand or cause of action that may be asserted, prosecuted or established against the City under the provisions of the Workmen’s Compensation Act for the injury or death of any City officer, agent, or employee while acting within the scope of their employment; and any claim, demand or cause of action arising out of the sole negligence of the City, its officers, agents or employees.

In addition, Grantee indemnifies and holds the City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney’s fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from Grantee's removal, remediation, response or other plan concerning any hazardous materials resulting in the release of any hazardous substance into the environment. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Grantee will defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, 223
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9 Compensation and Liability Act; “CERCLA”) and Health and Safety Code § 25364 to defend, protect, hold harmless, and indemnify the City from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this franchise.

Grantee is solely responsible for complying with all laws, regulations, and other orders which are applicable to the installation, repair, relocation or removal of its facilities, whether federal, state or local. City’s approval of such installation, repair, relocation or removal will not relieve Grantee of any liability Grantee may have for contaminated soils or other environmental liability attributable to or arising from Grantee’s pipeline or other franchise facilities. Any fee paid by Grantee pursuant to this Agreement will in no way limit Grantee’s obligation to compensate City for any damage, claim, expense or loss whatsoever, as set forth in this paragraph.

SECTION 9: ASSIGNMENT:

Grantee shall not permit any right or privilege granted by this franchise to be exercised by another, nor shall this franchise or any interest therein or any right or privilege hereunder be, in whole or in part, sold, transferred, leased, assigned, or disposed of except with the consent of the City expressed by resolution. However, no consent shall be required for Grantee to transfer, in trust or by way of mortgage or hypothecation, all or any part of Grantee’s facilities, for the purpose of securing an indebtedness of Grantee or for the purpose of renewing, extending, refunding, retiring, paying or canceling in whole or in part any such indebtedness at any time or from time to time. Upon compliance with the foregoing, this franchise will be binding on the successors and assigns of the parties hereto and inure to the benefit of the successors and assigns of the parties hereto.

SECTION 10: FORFEITURE:

A. EFFECT OF DEFAULT: Should Grantee default in the performance of any of the terms, covenants and conditions herein, and such default is curable, the City may give written notice to Grantee of such default. Should Grantee not commence the work necessary to cure such default within sixty (60) days after such notice is received by Grantee, or prosecute such work diligently to completion, the City may declare this franchise forfeited. Upon giving written notice of forfeiture to Grantee, this franchise will terminate and Grantee's rights will terminate. Should the franchise be forfeited, Grantee must execute an instrument of surrender and deliver the same to City. In the event of noncompliance by the Grantee with any of these conditions, the City may, in addition to all other remedies, bring suit for the forfeiture or termination of this franchise.

B. FORCE MAJEURE: Should Grantee's performance of this franchise be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then Grantee will not be deemed to be in default or forfeit its franchise rights if it commences and prosecutes performance with all due diligence and promptness upon being able to do so.
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10 C. CUMULATIVE REMEDIES: No provision of this franchise for enforcing the terms and conditions of this franchise is an exclusive remedy or procedure for enforcement. These remedies and procedures are in addition to those provided by law and are cumulative.

SECTION 11: ACCEPTANCE:

No later than 30 days after the publication of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with its terms and conditions. Grantee’s acceptance shall constitute a continuing agreement. If and when the City annexes or consolidates with additional territory, any and all franchise rights and privileges owned by the Grantee in the annexed or consolidated additional territory shall be deemed abandoned within the limits of the former territory and shall automatically upon annexation or consolidation with the City become subject to this franchise Agreement and the Base Level Sum will be adjusted in accordance with Section 4 herein.

SECTION 12: DISPUTE RESOLUTION
If a dispute arises between the parties relating to this franchise, the parties agree to use the following procedure before either party pursues other available legal remedies, except when doing so would cause the expiration of an applicable statute of limitations. A meeting will be held promptly between the parties, attended by individuals with decisionmaking authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation. City and Grantee will equally advance a proportionate share of the costs of mediation. The parties will jointly appoint a mutually acceptable mediator within thirty (30) days from the conclusion of the negotiation period. The parties agree to participate in good faith in the mediation and related negotiations for a period of sixty (60) days.

Any decision of the mediator must be supported by written findings of facts and conclusions of law. If the parties are not successful in resolving the dispute through the mediation, the matter may be submitted to a court of law.

SECTION 13: NOTICE
Any notice required to be given under the terms of this franchise, the manner of services of which is not specifically provided for here, may be served to the following identified addresses, or to such other address as may from time to time be furnished in writing by one party to the other, and by depositing said notice in the United States mail, postage prepaid. When the services of any such notice is made by mail, the time such notice will begin with and run from, is the date of deposit of the same in the United States mail.

Upon City: City of Oxnard
Public Works Department
Attn: Director of Public Works
305 West Third Street – Third Floor
225
Ordinance No. _________

11 Oxnard, CA 93030
Upon Grantee: Crimson California Pipeline L.P.
℅ Crimson Midstream, LLC
1900 Main Street, Suite 600
Irvine, CA 92614
SECTION 14: PUBLICATION:

The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise. Such payment shall be made within 30 days after the City provides the Grantee with a written statement of such expenses.

SECTION 15: MISCELLANEOUS PROVISIONS
A. VENUE: The Parties agree that all litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Ventura County in the State of California, and the Parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

B. NO WAIVER: Grantee is not excused from complying with any of the terms and conditions of this Ordinance by any failure of the City upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions. No City waiver of any provision or consent to any action constitutes a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent constitutes a continuing waiver or consent, or commits a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party will be null and void if the party requesting such waiver has not provided full and complete disclosure of all material facts relevant to the waiver requested.

C. BINDING EFFECT: Each and all of the provisions hereof are binding on and inure to the benefit of the Parties and their respective heirs, successors, and permitted transferees and assigns.

D. AMENDMENT: No amendment, modification, or supplement to this ordinance is binding on any of the parties unless it is in writing, signed by the parties, and approved through legislative action.

E. ENTIRE AGREEMENT: This ordinance constitutes the entire agreement between the parties with regard to this subject matter. This ordinance supersedes all previous agreements between or among the parties. There are no agreements, representations, or 226
Ordinance No. _________

12 warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this agreement.

F. CAPTIONS: The captions here are for convenience and reference only, and are not part of this franchise, and do not in any way limit, define or amplify the terms and provisions hereof.

G. GOVERNING LAW: This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules.

PART 2. This ordinance replaces Ordinance No. 1869 as to granting this franchise described in PART 1.

PART 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect.

PART 4. The City Council determines and finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) under section 15301(b) because the activity relates to an existing structure, facility, or utility, and the existing or former use of the structure, facility, or utility will not be expanded. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PART 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. _____ was first read on _______________, 2024, and finally adopted on _______________, 2024, to become effective 30 days thereafter.
[Signatures on following page]
227
Ordinance No. _________

13 The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Oxnard, State of California, held on the ___day of ___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
John C. Zaragoza, Mayor
ATTEST:
___________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________
Stephen M. Fischer, City Attorney
228
Ordinance No. _________

14 EXHIBIT “A”
(Insurance Exhibit INS-N)
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
Public Hearing for an Ordinance Granting the
Renewal of the Crimson California Pipeline, L.P.

Franchise Agreement to Operate and Maintain a
Petroleum Pipeline. (10 minutes)
City Council
May 21, 2024
Michelle McCarron
Assistant City Attorney
247
That the City Council

1. Conduct a public hearing regarding the uncodified ordinance to renew the franchise agreement with Crimson California Pipeline, L.P. ;

2. Consider any testimony or objections to the franchise agreement and introduce by title only and waive further reading of an uncodified ordinance titled:

UNCODIFIED ORDINANCE OF THE CITY OF OXNARD

GRANTING THE RENEWAL OF THE CRIMSON CALIFORNIA
PIPELINE, L.P. FRANCHISE AGREEMENT TO OPERATE AND

MAINTAIN A PIPELINE FOR THE TRANSPORTATION OF

PETROLEUM PRODUCTS UNDER, ALONG AND ACROSS
HARBOR BOULEVARD.

RECOMMENDATION 2
248
• On May 5, 1981, the City of Oxnard, by Ordinance No. 1869, granted to Union Oil Company of California (“UNOCAL”) the right to lay, maintain, and operate 2,017.5 linear feet of 8-inch pipeline (the “Oxnard Pipeline”) along Harbor Boulevard in Oxnard, for a period of 40 years.
• Between 1992 and 2008, the franchise was transferred to UNOCAL California Pipeline Company (“UNOCAP”), then to ConocoPhillips Pipe Line Company (“Conoco”), and then to Crimson.
• Crimson seeks to renew the franchise for the existing pipeline for an additional 10 years.

BACKGROUND 3
249
• The 40-year franchise expired in January 2021, however Crimson continued to make annual payments to the City under the franchise terms and conditions.
• The pipeline is active and exclusively transports crude oil. • The payment amount fluctuates with the Consumer Price Index (“CPI”) for the Los Angeles region.
• Between 2020 and 2023 Crimson’s average annual payment was $3,420.62.

DISCUSSION 4
250
• The most significant changes made to the franchise terms and conditions from 1981 to today was adding language to further protect the City from liability and change how the annual payment is calculated.
• The Resolution of Intent was adopted by City Council on April 30, 2024.
• A Public Hearing was set for May 21, 2024 to consider and introduce an uncodified ordinance.
• If approved, the uncodified ordinance will be presented to the City Council on June 18, 2024, for adoption.
• Crimson has thirty (30) days to file written approval with the City Clerk.

DISCUSSION 5
251
This item has a positive financial impact on the City. Payments made on City-granted franchises are placed in the General Fund.

FINANCIAL IMPACT 6
252

QUESTIONS
7 253

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1
DATE: May 21, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Fiscal Year 2024-25 Utility Ratepayers Assistance Program (Project Assist). (15 minutes)

RECOMMENDATION
That the City Council:

1. Adopt a resolution for the Utility Ratepayers Assistance Program (Project Assist) for Fiscal Year 2024-25 to assist eligible Oxnard residents and authorize staff to grant financial relief equal to a monthly $25.00 maximum credit per utility bill charged to residential customers who meet the eligibility requirements discussed in this staff report up to the amount funded for Fiscal Year 2024-25; and

2. Authorize staff to fund Project Assist in Fiscal Year 2024-25 by utilizing $241,500 in late penalties from City utility customers.
(Public Works and Transportation Committee approved 3-0 on April 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5EOvBo7hY8o

BACKGROUND
Project Assist is the City of Oxnard’s utility rate assistance program for eligible solid waste, water, and wastewater residential utility customers. The City Council initially approved this program in May 2017, and it has continued to be renewed by the City Council annually. Late penalties from utility customers fund the program. For Year 7, Fiscal Year 2023-24, the Project Assist budget was $241,500 and the financial relief per customer was $25.00, allowing up to 805 applicants to participate.

Upon initial approval of Project Assist in 2017, the City Council requested staff to return annually with an update on the program. The Program outreach, in English and Spanish, has relied on a multi-faceted social media approach including utility bill inserts, City website posting, press releases, and word-of-mouth. If customers participate in the program one Fiscal year and remain eligible for the next Fiscal year, they are still required to reapply for the program. This is to ensure that participants remain eligible each program year.

The following are some statistics related to applications for Fiscal Year 2023-24 (Year 7):
• Project Assist has accepted and enrolled 804 Oxnard residents during the first 10 months from July 2023 through April 2, 2024
• New applicants account for 23.9 % while returning enrollees account for 76.1%

DISCUSSION
254
For Project Assist Year 8, Fiscal Year 2024-25, staff is requesting to allocate $241,500 from utilities late penalty revenues to fund the Project Assist Program. A $241,500 budget allocation would continue to allow for a $25 dollar credit and approximately 805 eligible residential utility customers to participate in the program.

Table 1, is a history of eligible participants, funds expended for Project Assist, and the penalty amount collected since the inception of Project Assist.

Table 1.

Fiscal Year Actual
Participants
Max
Monthly
Credit
Participant
Cap
**Actual
Utility Rate
Assistance
Allocated
Budget
Utility Penalties
Year 1 FY
17-18
392 $10 832 $29,520 $100,000 $1.14M/yr
Year 2
FY 18-19
548 $10 832 $37,290 $100,000 $1.34M/yr
Year 3
FY 19-20
531 $15 805 $77,490 $145,000 $1.01M/yr
Year 4
FY 20-21
764 $15 805 $116,145 $145,000 $1.29M/yr
Year 5
FY 21-22
740 $15 805 $117,870 $145,000 $0.00 CovidNo
late penalties
collected
Year 6
FY 22-23
784 $15 805 $125,400 $145,000 $1.25 M/yr
Year 7
FY
23-24
804* $25 805 $215,175 $241,500 $1.2 M/yr
estimated
*Actual utility rate assistance through April 2, 2024
** Reflects actual expenditures from the General Ledger, based upon the participant’s effective start date Given the unpredictable revenue of late penalties collected, staff does not recommend going beyond a $25/month credit for Year 8, FY 24-25. Assuming that utilities late penalties are collected in roughly the same amount as past fiscal years, there will be sufficient penalty revenue to fund Project Assist in FY 2024-25. Utilities late penalties incurred by utility customers for failure to timely pay their utility bills are not governed by Article XIII D of the California Constitution, because they are not considered an incident of property ownership for purposes of Proposition 218. Late penalties are imposed to regulate conduct, encouraging prompt payment of utility bills. These are not considered a property-based fee or charges to be used for the cost of 255
providing utility services. Accordingly, the late penalties collected by the utility can be used for purposes unrelated to utility service. The City’s utilities may use late penalties to fund the Project Assist Program.

ELIGIBILITY FOR PROJECT ASSIST
Eligibility is determined by the applicant’s acceptance into the Southern California Edison (SCE) or the SoCalGas Company’s California Alternate Rates for Energy (CARE) programs. Project Assist mirrors the CARE income guidelines shown in Table 2, effective from June 1, 2023, to May 31, 2024:

Table 2.

Household Size Income Eligibility
Upper Limit
1-2 $39,440
3 $49,720
4 $60,000
5 $70,280
6 $80,560
7 $90,840
8 $101,120
Each Additional
Person
$10,280
Source: https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electric-costs/care-fera-program Since its inception, the availability of the program is capped by the total amount of funding approved by City Council each year. Applicants are screened annually on a first-come, first-served basis. Customers can file applications in English or Spanish by email, in person, or by mail via the United States Postal Service throughout the program year. Year 8 of Project Assist will commence on July 1, 2024, and continue through June 30, 2025.

The following information is provided as context related to other agencies’ similar rate-assist programs and recent active and completed State/Federal funded programs for utility customers as one-time recovery programs related to the pandemic.

OTHER MUNICIPAL UTILITY RATEPAYERS ASSISTANCE PROGRAMS
The City of Ventura directs $50,000 annually from penalties to fund a residential Water Customer Assistance Program. The Ventura program currently has a cap of 600 customers per year. After eligibility is determined, the discount is dependent on the size of the water meter. Discounts are 50% of the cost shown on the water bill as a service charge up to approximately $100 annually.

Cities of Port Hueneme, Camarillo, Davis, and Tracy have utility ratepayers assistance programs but are not funded by late payment penalties. The City of Port Hueneme funds its utility rate assistance program from an interest rate revenue fund. The City of Camarillo funds its utility ratepayers assistance program from a voter-approved special assessment fund. The City of Davis funds their utility ratepayers assistance program from a roundup amount donation option from a utility bill fund. The City of Tracy funds their utility ratepayers assistance program from the general fund.

FEDERAL AND STATE PROGRAMS
California has prioritized funding to support the immediate financial needs of low-income individuals and families through utility assistance payments. The Low Income Home Energy Assistance Program (LIHEAP) utility assistance provides one-time payments to households struggling to pay their bills. Governor Gavin Newsom signed Executive Order 75-20 on August 24, 256
2020, to provide additional flexibility to the California Department of Community Services & Development (CSD) to ensure that CARES Act funds for LIHEAP are maximized to benefit Californians in need.

In addition to LIHEAP, the California Low Income Household Water Assistance Program (LIHWAP) was available for lowincome Oxnard residents to assist with their water and wastewater bills. Unfortunately, as of March 31, 2024, LIHWAP stopped taking applications due to funding (https://www.csd.ca.gov/lihwap).

LIHEAP is still assisting with heating and cooling bills www.csd.ca.gov/energybills. For additional information residents can contact Community Action Ventura County at 805-436-4000, The following resources provide further, detailed information on the state and federal programs described herein; visit www.csd.ca.gov or call 1-866-675-6623.

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

FINANCIAL IMPACT
The fiscal impact of approving the Utility Rates Assistance Program for Year 8 in Fiscal Year 2024-25 is $241,500 from utilities late penalty revenues. The funding will be included in the Proposed FY 2024-25 Budget for the City Council's consideration.

For Finance Use Only: Water Operating Fund (Org. 6011001 Obj. 52350), Wastewater Operating Fund (Org. 6113610 Obj. 52350), Environmental Resources Fund (Org. 6313632 Obj. 52350)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on April 23, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. PWTC Project Assist Resolution FY 2024-25

2. Presentation
257

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ADOPTING A UTILITY RATEPAYERS ASSISTANCE PROGRAM FOR FISCAL YEAR 2024-25 WHEREAS, the City of Oxnard provides water, wastewater, and solid waste services to residents and businesses within the community; and
WHEREAS, clean water and good sanitation are essential to public health and safety and improve the quality of life of residents; and
WHEREAS, the City desires to assist eligible low-income utility customers with financial assistance to help pay their monthly utility bills; and WHEREAS, ratepayers must meet the certain eligibility criteria to receive the financial assistance from the City; and
WHEREAS, the City may fund a ratepayers assistance program using late fee payments; and
WHEREAS, the City Council adopted a ratepayers assistance program in 2017 and now desires to extend this assistance available to eligible ratepayers for Fiscal Year 2024-25.

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

1. The foregoing recitals are true and correct.

2. Adoption of Program. The Utility Ratepayers Assistance Program (Project Assist) that is further explained in Exhibit A, which is attached hereto and incorporated herein by this reference, is hereby adopted. The City Manager is authorized to take all administrative actions necessary to implement Project Assist and to make non-substantive modifications that may be necessary for the operation.

3. If any section, sentence, clause or phrase of this Resolution or exhibit thereto is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Resolution. The City Council declares that it would have adopted the Resolution, and each exhibit, section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

4. CEQA. According to Section 15378 of Title 14 of the California Code of Regulations, the California Environmental Quality Act (CEQA) defines a “project” as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The term does not apply to general policy and procedure making that does not have the potential for resulting in a direct, or a reasonably foreseeable indirect, physical change in the environment. Project Assist is a policy and procedure making that does not have the potential for resulting in a direct, or a 258
Resolution No.

Utility Ratepayers Assistance Program for Fiscal Year 2024-25

reasonably foreseeable indirect, physical change in the environment as it does not build, install, demolish or otherwise affect land use. Since this is not considered a “project” under CEQA, no further environmental review is required.

5. Resolution No. 15,724, which adopted the Project Assist for Fiscal Year 2023-24, is hereby repealed as of July 1, 2024.

PASSED AND ADOPTED this __ day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
259
Resolution No.

Utility Ratepayers Assistance Program for Fiscal Year 2024-25

EXHIBIT A
Utility Ratepayers Assistance Program (Project Assist)

1. Utility Ratepayers Assistance Program (Project Assist) Description. The City shall provide Project Assist eligible participants in the form of financial assistance to be applied directly to the ratepayer’s monthly bill.

The proposed financial assistance amount is subject only to the restrictions of adequate funding for Project Assist.

Funding. Approve a Rates Assistance Program for Utility Bills to assist Oxnard residents and authorize staff to grant financial relief equal to $25.00 of the monthly City of Oxnard utility bill charge for customers meeting the eligibility requirements described herein effective July 1, 2024; Authorize staff to direct $241,500 annually from penalty fees to fund the Utility Rate Assistance Program for Utility Bills Fiscal Year 2024-25 (July 1, 2024 – June 30, 2025) to assist 805 residential customers.

2. Notices. Community outreach efforts will be used to notify the public about Project Assist and the positive impacts it will have on the community by helping to ensure that eligible ratepayers have access to this vital resource.

3. Application. Eligible ratepayers wishing to participate in Project Assist must complete a written application and declaration of eligibility. Based on this application, City staff will determine whether the ratepayer is eligible to participate.

4. Eligibility. Funds shall only be applied to utility accounts with the City on behalf of ratepayers who meet all the following criteria.

5. Each household or single ratepayer may be eligible for financial assistance equal to $25.00 of the monthly utility charge for customers who qualify for financial assistance.

Eligibility Requirements
Conditions for Participation: Eligibility in the CARE (California Alternate Rates for Energy) Program with Southern California Edison or SoCalGas The utility bill must be in the name of the ratepayer and the address of the ratepayer must be the primary address
The customer cannot be claimed as a dependent on another person’s income tax return other than a spouse
A customer must recertify an application when requested 260
Resolution No.

Utility Ratepayers Assistance Program for Fiscal Year 2024-25

A customer must notify the City of Oxnard within 30 days if no longer qualifies for assistance
The most recent City of Oxnard utility bill
Most recent SoCalGas Company bill or Southern California Edison bill showing CARE Program eligibility
Project Assist application form
Only one discount shall be applied per household
The City will apply funding from penalty revenues on a first-come, first-served basis for eligible participants. The City cannot guarantee that there will be adequate funds for all eligible applicants.

Annual Review. All applications shall be reviewed on an annual basis for continued funding resources and each ratepayer’s eligibility standards.

Eligibility is determined by the applicant’s acceptance into the Southern California Edison (SCE) or the SoCalGas Company’s California Alternate Rates for Energy (CARE) programs. Project Assist mirrors the CARE income guidelines shown in Table 2, effective from June 1, 2023, to May 31, 2024:

Household Size Income Eligibility Upper Limit
1-2 $39,440
3 $49,720
4 $60,000
5 $70,280
6 $80,560
7 $90,840
8 $101,120
Each Additional Person $10,280
Source: https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electriccosts/care-fera-program 261
Utility Rates Assistance Program
(Project Assist)
Finance and Governance Committee
April 23, 2024
City Council
May 21, 2024
Brian Yanez, Assistant Public Works Director
Public Works Department
262
That the Finance and Governance Committee recommend that the City Council:

1. Adopt a resolution for the Utility Ratepayers Assistance Program (Project Assist) for Fiscal Year 2024-25 to assist eligible Oxnard residents and authorize staff to grant financial relief equal to a monthly $25.00 maximum credit per utility bill charged to residential customers who meet the eligibility requirements discussed in this staff report up to the amount funded for Fiscal Year 2024-25; and

2. Authorize staff to fund Project Assist in Fiscal Year 2024-25 by utilizing $241,500 that has been paid to the City for late penalties charged to City utility customers.

RECOMMENDATION 2
263
That the City Council:

1. Adopt a resolution for the Utility Ratepayers Assistance Program (Project Assist) for Fiscal Year 2024-25 to assist eligible Oxnard residents and authorize staff to grant financial relief equal to a monthly $25.00 maximum credit per utility bill charged to residential customers who meet the eligibility requirements discussed in this staff report up to the amount funded for Fiscal Year 2024-25; and

2. Authorize staff to fund Project Assist in Fiscal Year 2024-25 by utilizing $241,500 that has been paid to the City for late penalties charged to City utility customers.

RECOMMENDATION 3
264
• The program is for eligible solid waste, water and wastewater residential utility customers
• Late penalties from utility customers fund the program • For Year 7, Fiscal Year 2023-24, the Project Assist budget was $241,500 and the financial relief per customer was $25.00, allowing for a total of 805 applicants
• Project Assist has accepted and enrolled 804 Oxnard residents during the first 10 months from July 2023 through April 2, 2024 BACKGROUND 4

PROJECT ASSIST
265
For Project Assist Year 8, Fiscal Year 2024-25, staff is requesting to:
• Continue to provide financial relief of $25.00 per residential utility customers bill and allowing up to 805 eligible
participants
• Allocate $241,500 from Utility late penalty revenues to fund the program
The program will commence July 1, 2024, and continue through June 30, 2025
DISCUSSION 5
266
• Given the unpredictable revenue of late penalties collected, staff does not recommend going beyond a $25/month credit for Year 8 FY 24-25
• Assuming that late penalties are collected in roughly the same amount as past fiscal years, there will be sufficient penalty revenue to fund Project Assist in FY 2024-25
DISCUSSION 6
267
DISCUSSION 7
History of Funding and Participation for Project Assist ●
*Actual utility rate assistance through April 2, 2024
** Reflects actual expenditures from the General Ledger, based upon the participant’s effective start date
Fiscal Year
Actual
Participants Max Monthly Credit Participant Cap
**Actual
Utility Rate Assistance Allocated Budget Utility Penalties Year 1 FY 17-18 392 $10 832 $29,520 $100,000 $1.14M/yr
Year 2
FY 18-19 548 $10 832 $37,290 $100,000 $1.34M/yr
Year 3
FY 19-20 531 $15 805 $77,490 $145,000 $1.01M/yr
Year 4
FY 20-21 764 $15 805 $116,145 $145,000 $1.29M/yr
Year 5
FY 21-22 740 $15 805 $117,870 $145,000
$0.00 Covid- No late
penalties collected
Year 6
FY 22-23 784 $15 805 $125,400 $145,000 $1.25 M/yr
Year 7
FY
23-24 804* $25 805 $215,175 $241,500
$1.2 M/yr
estimated
268
• Since its inception, the availability of the program is capped by the total amount of funding approved by Council each year • Applicants are screened on a first-come, first-served basis and must apply each program year to ensure participants remain eligible
• Customers can file applications in English and Spanish by email, in person, or through the mail via the United States Postal Service throughout the program year
DISCUSSION 8
269
• Penalties for late payment of utility bills are imposed to regulate conduct (i.e., to encourage prompt payment of utility bills) and not as an incident of property ownership to pay for the cost of providing utility service
• Therefore, those penalties are not fees or charges that are subject to Article XIII D of the California Constitution (Proposition 218) and can be used for purposes other than operating expenses
• Accordingly, the late penalties collected by the utility can be used for purposes unrelated to utility service. The City’s utilities may use the late penalties to fund the Project Assist Program DISCUSSION 9
270
DISCUSSION 10

ELIGIBILITY FOR PROJECT ASSIST
Eligibility is determined by the applicants’ acceptance into the Southern California Edison (SCE) or the
SoCalGas Company’s California Alternate Rates for
Energy (CARE) program
https://www.cpuc.ca.gov/industries-and-topics/electrical -energy/electric-costs/care-fera-program
271
Discussion 11

ELIGIBILITY FOR PROJECT ASSIST
●
Project Assist requirements mirror the CARE income guidelines shown in table below which are effective from June 1, 2023, to May 31, 2024
Source: https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electric-costs/care-fera-program Household Size CARE Income Eligibility Upper Limit
1-2 $39,440
3 $49,720
4 $60,000
5 $70,280
6 $80,560
7 $90,840
8 $101,120
Each Additional Person $10,280
272

OTHER ASSISTANCE PROGRAMS
BACKGROUND 12
● California Low Income Household Water Assistance Program (LIHWAP) is no longer available to assist with water and wastewater bills as of March 31, 2024, due to funding
● Low Income Home Energy Assistance Program (LIHEAP) is still assisting with energy bills:
○ www.csd.ca.gov/energybills
○ Community Action Ventura County at 805-436-4000
● Information on the state, federal and local programs at www.csd.ca.gov or call 1-866-675-6623
273
The fiscal impact of approving the Utility Rates Assistance Program (Project Assist) for Year 8 in Fiscal Year 2024-25 is $241,500 from late penalty revenues. There are sufficient funds from prior year penalties collected to fund Year 8 of Project Assist.

FINANCIAL IMPACT 13
274

QUESTIONS
14 275

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2
DATE: May 21, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Amendments to Agreements A-8339, A-8340, A-8341, A-8342, and A-8483 with Mariposa Landscapes, Inc. for Landscape Maintenance Services for Citywide General Fund Parks. (15 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $475,000 to $615,000 in Region 1;

2. Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $430,000 to $561,000 in Region 2;

3. Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $950,000 to $1,249,000 in Region 3;

4. Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $550,000 to $714,000 in Region 4; and

5. Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $758,919 to $1,036,880. (Public Works and Transportation Committee approved 3-0 on April 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/i2- uVRkkkug

BACKGROUND
After the passing of Measure E in November 2020, staff created a plan for restoring the maintenance of the citywide streets, landscapes, and parks. On May 11, 2021, options were presented to the Public Works and Transportation Committee (PWTC) that included weekly mowing of the General Fund parks by landscape contractors. This recommendation from the PWTC was presented to and approved by the City Council on May 18, 2021.

To provide equal levels of service, the City was divided into four contract areas consisting of an equal number of parks (Attachment 11). On March 25, 2021, the City released a request for bid for weekly mowing of General Fund parks in the four (4) regions of the City. A total of four responsive bids were received. On June 29, 2021, the City Council awarded the Agreements A-8339, A-8340, A-8341, and A-8342 to Mariposa Landscapes, Inc. (Mariposa) as the lowest responsive bidder for each contract area. The total cost for all four Agreements was a not-to-exceed amount of $2,405,000 for the three-year terms ending June 30, 2024 (Agreements attached for reference).

During the budget preparations for FY 2022-23, funding was requested for additional park maintenance services beyond the weekly mowing. These services included annual fertilization, annual aeration of turf, quarterly pruning of all shrubs and groundcover, monthly weed control that included adjacent sidewalks, weekly removal of loose litter and debris, and trash can service four days per week at each park site. After the approval of the FY 2022-23 budget, the City released a 276
Request for Bid (RFB) for these additional park maintenance services, which also included the capacity to provide “as needed” landscape services, subject to available funding. Three companies submitted a bid, and on September 6, 2022, the City Council approved Agreement A-8483 with Mariposa Landscapes, Inc. for additional basic landscape services in the General Fund Parks in an amount not to exceed $758,919 for a term ending August 31, 2023 (Agreement attached for reference).

On December 1, 2021, the First Amendment to Agreement A-8341 was approved to include the scope of services to maintain the landscapes at the beach parking lot area that was formerly maintained by Maintenance Assessment District 4 (MAD 4). These areas were determined to be an extension of the maintenance for Ololkoy Beach Park. The additional cost for the maintenance of these areas increased the Agreement by $302,278 annually (Amendment attached for reference).

On September 15, 2022, the First Amendments to Agreements A-8339, A-8340, A-8342 and the Second Amendment to A-8341 were approved to provide variable mowing frequencies with revised rates and costs to correspond with the mowing schedule of each park. This was in response to many parks not needing weekly mowing and to apply the savings from less mowing to other park maintenance needs. There was no change to the not-to-exceed amounts of the agreements (Amendments attached for reference).

On August 28, 2023, the First Amendment to Agreement A-8483 was approved to amend the term ending date from August 31, 2023 to June 30, 2024 (Amendment attached for reference).

DISCUSSION
Mariposa has satisfactorily maintained the contract areas it has been awarded during the past three years. All five Agreements are due to expire on June 30, 2024. Therefore, staff is requesting an Amendment to each Agreement for a one-year extension that will expire on June 30, 2025. Mariposa has agreed to continue the same monthly service rates that were approved in 2022.

1. The Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for the additional one year of service will cost $140,000 for weekly landscape services and the four-year contract total amount not-to-exceed $615,000 in Region 1.

2. The Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for the additional one year of service will cost $131,000 for weekly landscape services and the four-year contract total amount not-to-exceed $561,000 in Region 2.

3. The Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for the additional one year of service will cost $299,000 for weekly landscape services and the four-year contract total amount not-to-exceed $1,249,000 in Region 3.

4. The Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for the additional one year of service will cost $164,000 for weekly landscape services and the four-year contract total amount not-to-exceed $714,000 in Region 4.

5. The Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for the additional one year of service will cost $277,961 for additional basic maintenance services and the four-year contract total amount notto-exceed $1,036,880 citywide.

During the next fiscal year, staff will be revising the project specifications for each region to include all of the services provided between the current five contracts and then solicit bids for each of the four contract areas. The intention will be to have the new park maintenance agreements for the General Fund parks to begin July 1, 2025. Staff recommends amending the existing agreements in lieu of a new bid process this time because the expected result of a bid process are higher costs due to recent inflation and other similar bid processes that have resulted in increases. The fact that the contractor has agreed to keep their 2022 rates in place is a benefit to the City.

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. 277

FINANCIAL IMPACT
The costs for each agreement's one-year extensions for a total increase of $1,011,961 will be included in the proposed Public Works, Parks Operations Budget, General Fund account (1013301-53200) for Fiscal Year 2024-25 for City Council’s consideration.
• The Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $140,000 (Attachment 1)
• The Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $131,000 (Attachment 2)
• The Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $299,000 (Attachment 3)
• The Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $164,000 (Attachment 4)
• The Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $277,961 (Attachment 5)
For Finance Use Only: General Fund (Org. 1013301 Obj. 53200)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on April 23, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. A-8339 2nd Amendment Mariposa

2. A-8340 2nd Amendment Mariposa

3. A-8341 3rd Amendment Mariposa

4. A-8342 2nd Amendment Mariposa

5. A-8483 2nd Amendment Mariposa

6. A-8339 Agreement and 1st Amendment Mariposa

7. A-8340 Agreement and 1st Amendment Mariposa

8. A-8341 Agreement and 1st-2nd Amendments Mariposa

9. A-8342 Agreement and 1st Amendment Mariposa

10. A-8483 Agreement and 1st Amendment Mariposa

11. Parks Regions

12. Presentation
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SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8339

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc. (“Service Provider”). This Second Amendment amends the Agreement entered into on July 1, 2021, by City and Service Provider. The Agreement previously has been amended on September 15, 2022, by a First Amendment.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Amendment is amended to “June 30, 2025.”

2. The Agreement Amount in Section 6 of the Agreement is hereby amended to “$615,000.”

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
279
Agreement No. A-8339
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.

☐John C. Zaragoza, Mayor1
Date Terry Noriega, President Date
☐Jennifer Yates, Purchasing Agent 2

Antonio Valenzuela, Date
Secretary3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 280
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8340

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc., (“Service Provider”). This Second Amendment amends the Agreement entered into on July 1, 2021, by City and Service Provider. The Agreement previously has been amended on September 15, 2022, by a First Amendment.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025”

2. The Agreement Amount in Section 6 of the Agreement is hereby amended to “$561,000.”

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
281
Agreement No. A-8340
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.

☐John C. Zaragoza, Mayor1 Date Terry Noriega, President Date ☐Jennifer Yates, Purchasing Agent 2

Antonio Valenzuela, Date
Secretary3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 282

THIRD AMENDMENT TO TRADE SERVICE AGREEMENT
This Third Amendment (“Third Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc., (“Service Provider”). This Third Amendment amends the Agreement entered into on July 1, 2021, by City and Service Provider. The Agreement previously has been amended on December 01, 2021 by a First Amendment, on September 15, 2022, by a Second Amendment.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025.”

2. The amount in Section 6 of the Agreement is hereby amended to “$1,249,000.”

3. A Section 42 is added to the Agreement. The terms for this Section 42 shall read as follows:

Iran Contracting Act. In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached.”

4. The “Iran Contract Act Certification” is attached hereto and incorporated herein by this reference into the Agreement as the Iran Contract Act Exhibit.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
Agreement No. A-8341 1 of 3
283
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.
☐John C. Zaragoza, Mayor1 Date Terry Noriega, President Date ☐Jennifer Yates, Purchasing Agent 2
Antonio Valenzuela, Date
Secretary3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

Agreement No. A-8341 2 of 3
284

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Executed in the County of
Federal ID Number (or n/a):

Date Executed
in the State of
AGREEMENT FOR PROFESSIONAL SERVICES (V0l/29/15)
Agreement No. A-8341 3 of 3
285
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8342

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc., (“Service Provider”). This Second Amendment amends the Agreement entered into on July 01, 2021, by City and Service Provider. The Agreement previously has been amended on September 15, 2022.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025.”

2. The Agreement Amount in Section 6 of the Agreement is hereby amended to “$714,000.”

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
286
Agreement No. A-8342
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.

☐John C. Zaragoza, Mayor1 Date Terry Noriega, President Date ☐Jennifer Yates, Purchasing Agent 2

Antonio Valenzuela, Date
Secretary3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always require
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 287
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT(V-01-17-19)

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc., (“Service Provider”). This Second Amendment amends the Agreement entered into on September 12, 2022, by City and Service Provider. The Agreement previously has been amended on August 28, 2023, by a First Amendment.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025.”

2. The amount in Section 6 of the Agreement is hereby amended to “$1,036,880.”

3. A Section 42 is added to the Agreement. The terms for this Section 42 shall read as follows:

Iran Contracting Act. In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached.”

4. The “Iran Contract Act Certification” is attached hereto and incorporated herein by this reference into the Agreement as the Iran Contract Act Exhibit.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
Agreement No. A-8483 1 of 3
288
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT(V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.
☐John C. Zaragoza, Mayor1 Date Terry Noriega, President Date ☐Jennifer Yates, Purchasing Agent 2
Antonio Valenzuela, Date
Secretary 3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

Agreement No. A-8483 2 of 3
289

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ Agreement No. A-8483 3 of 3
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FIRST AMENDMENT TO TRADE SERVICES AGREEMENT
(V-01-17-19))
Agreement No. A-8341

FIRST AMENDMENT TO TRADE SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the trade services agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this day of , 2021, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc. (“Vendor”).

City and Vendor agree as follows:

1. The reference to the Rates and Cost Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Rates and Cost as of November 20, 2021 Exhibit attached hereto and incorporated herein by this reference.

2. In Section Scope of Services Exhibit, Scope of Work Section is hereby amended to include:
“Bi-weekly Landscape Maintenance Services at MAD-4 mow areas”

3. The reference to the Region 3 Work Detail maps Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to include the attached page identified as MAD-4 Mow Areas.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
379
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Agreement No. A-8341
“RATES AND COSTS EXHIBIT-AS OF NOVEMBER 20, 2021”
The Vendor shall provide weekly Landscape Maintenance Services within the City's parks located in Region 3 and bi-weekly services at the MAD-4 mow areas.

Monthly Cost
Region 3 $25,190.60
Hourly Rate for as-needed tasks $56.00/hour
Material markup rate for as-needed tasks 15%
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City of Oxnard
Geographic Information Systems
March 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 0.5 1 2 3 4 5 6 Miles
Data Sources: City of Oxnard G
.IS Division
County of Ventura GIS Department

GENERAL SERVICES PARK TURF MAINTENANCE REGIONS

APPROXIMATE TURF AREAS

PER PARK BELOW

CITYWIDE GENERAL SERVICES

MAINTAINED PARKS WITH TURF
33 PARKS WITH A TOTAL OF
~191.95 ACRES OF TURF
General Services Parks Turf Areas
Region 1 (37.34 Turf Acres)
Region 2 (33.51 Turf Acres)
Region 3 (77.12 Turf Acres)
Region 4 (43.97 Turf Acres)
Name Acres Sq Ft Region
CABRILLO PARK 5.19 226,256 1
CONNELLY PARK 1.85 80,668 1
EASTWOOD PARK 3.79 165,086 1
FREMONT TOT PARK 0.44 19,059 1
ORCHARD PARK 9.08 395,507 1
RIO LINDO PARK 6.34 276,202 1
SIERRA LINDA PARK 5 217,585 1
SOUTHBANK PARK 5.66 246,371 1
COLONIA PARK 5.42 236,017 2
COMMUNITY CENTER PARK EAST 5.46 237,963 2
COMMUNITY CENTER PARK WEST 5.45 237,304 2
DEL SOL PARK 11 479,247 2
KOHALA PARK 1.01 43,948 2
PLAZA PARK 1.38 59,939 2
THOMPSON PARK 2.1 91,636 2
WILSON PARK 1.69 73,573 2
BECK PARK 7.75 337,611 3
DURLEY PARK 6.52 284,004 3
MARINA WEST PARK 5.65 246,020 3
OXNARD BEACH PARK 10.1 439,855 3
SEA AIR PARK 7.2 313,433 3
SEAVIEW PARK 5.33 232,122 3
SOUTHWEST COMMUNITY PARK 18.39 801,157 3
SOUTHWEST COMMUNITY PARK EXT 5.08 221,402 3
VIA MARINA PARK 11.11 483,916 3
CARTY PARK 3.3 143,883 4
COLLEGEESTATES PARK 5.58 243,090 4
GARDEN CITY ACRES PARK 3.85 167,730 4
JOHNSON CREEK PARK 7.46 324,808 4
LATHROPPARK 2.33 101,599 4
LEMONWOOD PARK 7.43 323,808 4
PLEASANT VALLEY PARK 8.11 353,077 4
SOUTHWINDS PARK 5.91 257,499 4
445
Amendments to Agreements A-8339, A-8340,
A-8341, A-8342, and A-8483 with Mariposa
Landscapes, Inc. for Landscape Maintenance
Services for Citywide General Fund Parks
Public Works and Transportation Committee, April 23, 2024 City Council, May 21, 2024
Steve Howlett
Assistant Public Works Director
446

RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $475,000 to $615,000 in Region 1;

2. Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $430,000 to $561,000 in Region 2;

3. Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $950,000 to $1,249,000 in Region 3;

4. Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $550,000 to $714,000 in Region 4; and

5. Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $758,919 to $1,036,880.
2 447

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $475,000 to $615,000 in Region 1;

2. Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $430,000 to $561,000 in Region 2;

3. Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $950,000 to $1,249,000 in Region 3;

4. Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $550,000 to $714,000 in Region 4; and

5. Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $758,919 to $1,036,880.
3 448

BACKGROUND
• After the passing of Measure E in November 2020, staff created a plan for restoring the maintenance of the citywide streets, landscapes, and parks. On May 11, 2021, options were presented to the Public Works and Transportation Committee (PWTC) that included weekly mowing of the General Fund parks by landscape contractors. This recommendation from the PWTC was presented to and approved by the City Council on May 18, 2021.
• To provide equal levels of service, the City was divided into four contract areas consisting of an equal number of parks. On March 25, 2021, the City released a request for bid for weekly mowing of General Fund parks in the four (4) regions of the City. A total of four responsive bids were received.
4 449
BACKGROUND 5
450

BACKGROUND
• On June 29, 2021, the City Council awarded the Agreements A-8339, A-8340, A-8341, and A-8342 to Mariposa Landscapes, Inc. (Mariposa) as the lowest responsive bidder for each contract area.

The total cost for all four Agreements was a not-to-exceed amount of $2,405,000 for the three-year terms ending June 30, 2024. • In FY 2022-23, funding was requested for additional park maintenance services beyond the weekly mowing. These services included annual fertilization, annual aeration of turf, quarterly pruning of all shrubs and groundcover, monthly weed control that included adjacent sidewalks, weekly removal of loose litter and debris, and trash can service four days per week at each park site. 6 451

BACKGROUND
• After the approval of the FY 2022-23 budget, the City released a Request for Bid (RFB) for these additional park maintenance services, which also included the capacity to provide “as needed” landscape services, subject to available funding. Three companies submitted a bid, and on September 6, 2022, the City Council approved Agreement A-8483 with Mariposa Landscapes, Inc. for additional basic landscape services in the General Fund Parks in an amount not to exceed $758,919 for a term ending August 31, 2023. • On December 1, 2021, the First Amendment to Agreement A-8341 was approved to include the scope of services to maintain the landscapes at the beach parking lot area that was formerly maintained by Maintenance Assessment District 4 (MAD 4). These areas were determined to be an extension of the maintenance for Ololkoy Beach Park. The additional cost for the maintenance of these areas increased the Agreement by $302,278 annually.
7 452

BACKGROUND
• On September 15, 2022, the First Amendments to Agreements A-8339, A-8340, A-8342 and the Second Amendment to A-8341 were approved to provide variable mowing frequencies with revised rates and costs to correspond with the mowing schedule of each park. This was in response to many parks not needing weekly mowing and to apply the savings from less mowing to other park maintenance needs. There was no change to the not-to-exceed amounts of the agreements.
• On August 28, 2023, the First Amendment to Agreement A-8483 was approved to amend the term ending date from August 31, 2023 to June 30, 2024.
8 453

DISCUSSION
• Mariposa has satisfactorily maintained the contract areas it has been awarded during the past three years. All five Agreements are due to expire on June 30, 2024. Therefore, staff is requesting an Amendment to each Agreement for a one-year extension that will expire on June 30, 2025. Mariposa has agreed to continue the same monthly service rates that were approved in 2022.
9 454

DISCUSSION

1. The Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for the additional one year of service will cost $140,000 for weekly landscape services and the four-year contract total amount not-to-exceed $615,000 in Region 1.

2. The Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for the additional one year of service will cost $131,000 for weekly landscape services and the four-year contract total amount not-to-exceed $561,000 in Region 2.

3. The Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for the additional one year of service will cost $299,000 for weekly landscape services and the four-year contract total amount not-to-exceed $1,249,000 in Region 3.

4. The Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for the additional one year of service will cost $164,000 for weekly landscape services and the four-year contract total amount not-to-exceed $714,000 in Region 4.

5. The Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for the additional one year of service will cost $277,961 for additional basic maintenance services and the four-year contract total amount not-to-exceed $1,036,880 citywide.
10 455

DISCUSSION
• During the next fiscal year, staff will be revising the project specifications for each region to include all of the services provided between the current five contracts and then solicit bids for each of the four contract areas. The intention will be to have the new park maintenance agreements for the General Fund parks to begin July 1, 2025.
• Staff recommends amending the existing agreements in lieu of a new bid process this time because the expected result of a bid process are higher costs due to recent inflation and other similar bid processes that have resulted in increases.
• The fact that the contractor has agreed to keep their 2022 rates in place is a benefit to the City.
11 456

FINANCIAL IMPACT
The costs for each agreement's one-year extensions for a total increase of $1,011,961 are contained in the proposed Public Works, Parks Operations Budget, General Fund account for Fiscal Year 2024-25 for City Council’s consideration. ● The Second Amendment to Agreement A-8339 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $140,000 (Attachment 1) ● The Second Amendment to Agreement A-8340 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $131,000 (Attachment 2) ● The Third Amendment to Agreement A-8341 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $299,000 (Attachment 3) ● The Second Amendment to Agreement A-8342 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $164,000 (Attachment 4) ● The Second Amendment to Agreement A-8483 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $277,961 (Attachment 5) 12 457
QUESTIONS?
458

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3
DATE: May 21, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Amendments to Agreements A-8344 and A-8346 with Garcia’s Landscaping Maintenance, Inc. and Agreement A-8345 with Mariposa Landscapes, Inc. for Landscape Maintenance Services within the City’s Medians and Parkways. (15 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,415,000 to $3,272,000 in Region 1;

2. Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,535,000 to 3,423,000 in Region 2; and

3. Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,575,000 to $3,272,000 in Region 3. (Public Works and Transportation Committee approved 3-0 on April 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/DdCTUtrkXM0

BACKGROUND
After the passing of Measure E in November 2020, staff created a plan for restoring the maintenance of the citywide street landscapes and parks. On May 11, 2021, options were presented to the Public Works and Transportation Committee (PWTC) that included contracting the monthly maintenance of the median and parkway landscapes along the City’s arterial streets. This recommendation from the PWTC was presented to and approved by the City Council on May 18, 2021.

In an effort to provide equal levels of service, the citywide street landscapes were divided into three regions with roughly equal amounts of maintenance for each of the three landscape maintenance agreements. Requests for Proposals (RFPs) were created to maintain each of the three regions and on June 29, 2021 City Council awarded Agreement A-8345 to Mariposa Landscapes, Inc. (Mariposa) and Agreements A-8344 and A-8346 were awarded to Garcia’s Landscaping Maintenance, Inc. (Garcia’s). Each contractor was the lowest responsive bidder for their awarded Agreement (Attachments 4, 5, 6).

In October of 2021, staff and Mariposa identified areas that required clarification on the work maps for Region 2. These areas were corrected with revised work maps through the First Amendment to Agreement A-8345 (Attachment 5). There were no changes to the cost of the Agreement.
459
In August of 2022, staff compiled a list of identified landscape areas within the City’s responsibility that were not included in the original scope of work. Those additional areas were added to the scope of work in each Agreement as Amendments that were approved by the City Council on Sept. 6, 2022. Those Amendments are:

1. First Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. increasing the not to exceed amount from $1,900,000 to $2,415,000 in Region 1 (Attachment 4):

Original Agreement 33.3 acres of landscape 7.4 acres of hardscape Added First Amendment 6.0 acres of landscape 2.38 acres of hardscape Current Total 39.3 acres of landscape 9.78 acres of hardscape

2. Second Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. increasing the not to exceed amount from $2,125,000 to $2,535,000 in Region 2 (Attachment 5):

Original Agreement 31.7 acres of landscape 10 acres of hardscape Added Second Amendment 11.76 acres of landscape .77 acres of hardscape Current Total 43.46 acres of landscape 10.77 acres of hardscape

3. First Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. increasing the not to exceed amount from $2,000,0000 to $2,575,000 in Region 3 (Attachment 6):

Original Agreement 28.97 acres of landscape 9.03 acres of hardscape Added First Amendment 12.34 acres of landscape 1.23 acres of hardscape Current Total 41.31 acres of landscape 10.26 acres of hardscape The not-to-exceed amount for each Agreement includes capacity for on-call landscaping services, such as undeveloped property maintenance and roadside weed abatement, that are outside of the routine monthly services. This capacity was added in response to the change in the County work release program resulting in a loss of the program’s services and the reduction of services that used to be provided by the City Corps Program.

DISCUSSION
Both Garcia’s and Mariposa have satisfactorily maintained their awarded contract areas during the past three years with all three Agreements due to expire on June 30, 2024. Therefore, staff is requesting an Amendment to each Agreement for a one-year extension that will expire on June 30, 2025. Both contractors have agreed to continue the same monthly service rates that were approved in 2022.

1. The Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service will cost $831,720 for the twice-monthly services and the four-year contract total amount not to exceed $3,272,000 in Region 1 (Attachment 1).

2. The Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for the additional one year of service will cost $861,693 for the twice-monthly services and the four-year contract total amount not-to-exceed 3,423,000 in Region 2 (Attachment 2).

3. The Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service will cost $899,220 for the twice-monthly services and the four-year contract total amount not-to-exceed $3,272,000 in Region 3 (Attachment 3).

During the next fiscal year, staff will be revising the project specifications for each region and then re-advertise for proposals. The intention will be to have the new landscape maintenance agreements for the citywide street landscapes begin July 1, 2025. Staff recommends amending the existing agreements in lieu of a new bid process this time because the expected results of a bid process are higher costs due to recent inflation and other similar bid processes that have resulted in increases. The fact that these two contractors have agreed to keep their 2022 rates in place is a benefit to the City.
460

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

FINANCIAL IMPACT
The costs for each agreement's one-year extensions for a total increase of $2,592,633 are contained in the proposed Public Works, Parks Operations Budget, General Fund account (1013304-53200) for Fiscal Year 2024-25 for City Council’s consideration.
• The Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service is an increase of $831,720
• The Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $861,693
• The Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service is an increase of $899,220
For Finance Use Only: General Fund (Org. 1013304 Obj. 53200)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on April 23, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. A-8344 2nd Amendment Garcia's

2. A-8345 3rd Amendment Mariposa

3. A-8346 2nd Amendment Garcia's

4. A-8344 Agreement and 1st Amendment Garcia's

5. A-8345 Agreement, 1st and 2nd Amendments Mariposa

6. A-8346 Agreement and 1st Amendment Garcia's

7. Presentation
461
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8344

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Garcia’s Landscaping Maintenance, Inc., (“Service Provider”). This Second Amendment amends the Agreement entered into on June 29, 2021, by City and Service Provider. The Agreement previously has been amended on September 06, 2022.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025.”

2. The Total Agreement Amount in Section 6 on the cover page of the Agreement is hereby amended to “$3,272,000.”

3. A Section 42 is added to the Agreement. The terms for this Section 42 shall read as follows:

Iran Contracting Act. In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached.”

4. The “Iran Contract Act Certification” is attached hereto and incorporated herein by to the Agreement as the Iran Contract Act Exhibit.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
1 of 3
462
Agreement No. A-8344
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE, INC.
☐John C. Zaragoza, Mayor1 Date Tenley Garcia, President Date ☐Jennifer Yates, Purchasing Agent 2
Tenley Garcia, Treasurer 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 of 3
463

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
Agreement No. A-8344
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) 3 of 3
464

THIRD AMENDMENT TO TRADE SERVICE AGREEMENT
This Third Amendment (“Third Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Mariposa Landscapes, Inc., (“Service Provider”). This Third Amendment amends the Agreement entered into on August 01, 2021, by City and Service Provider. The Agreement previously has been amended on October 21, 2021, by a Second Amendment, on July 12, 2022 City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is hereby amended to “June 30, 2025.”

2. The Total Agreement Amount in Section 6 on the cover page of the Agreement is hereby amended to “$3,423,000.”

3. A Section 42 is added to the Agreement. The terms for this Section 42 shall read as follows:

Iran Contracting Act. In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached.”

4. The “Iran Contract Act Certification” is attached hereto and incorporated herein by this reference into the agreement as the Iran Contract Act Exhibit.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
THIRD AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8345 1 of 3
465
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MARIPOSA LANDSCAPES, INC.
☐John C. Zaragoza, Mayor1 Date Terry Noriega, President Date ☐Jennifer Yates, Purchasing Agent 2
Antonio Valenzuela, Date
Secretary 3
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.

THIRD AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8345 2 of 3
466

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
Agreement No. A-8345 3 of 3
THIRD AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19 ) 467
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. A-8346

SECOND AMENDMENT TO TRADE SERVICES AGREEMENT
This Second Amendment (“Second Amendment”) to the trade service agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Garcia’s Landscaping Maintenance, Inc., (“Service Provider”). This Second Amendment amends the Agreement entered into on June 29, 2021, by City and Service Provider. The Agreement previously has been amended on September 06, 2022.

City and Service Provider agree as follows:

1. The Agreement End Date in Section 5 on the cover page of the Agreement is amended to “June 30, 2025.”

2. The Total Agreement Amount in Section 6 on the cover page of the Agreement is hereby amended to “$3,502,000.”

3. A Section 42 is added to the Agreement. The terms for this Section 42 shall read as follows:

Iran Contracting Act. In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran
Contract Act Certification attached.”

4. The “Iran Contract Act Certification” is attached hereto and incorporated herein by this reference into the Agreement as the Iran Contract Act Exhibit.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. A-8346
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE, INC.
☐John C. Zaragoza, Mayor1 Date Tenley Garcia, President Date ☐Jennifer Yates, Purchasing Agent 2
Tenley Garcia, Treasurer 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 of 3
469

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
Agreement No. A-8346
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) 3 of 3
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Amendments to Agreements A-8344 and A-8346
with Garcia’s Landscaping Maintenance, Inc. and
Agreement A-8345 with Mariposa Landscapes, Inc.
for Landscape Maintenance Services within the
City’s Medians and Parkways
Public Works and Transportation Committee, April 23, 2024 City Council, May 21, 2024
Steve Howlett
Assistant Public Works Director
860

RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,415,000 to $3,272,000 in Region 1;

2. Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,535,000 to 3,423,000 in Region 2; and

3. Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,575,000 to $3,272,000 in Region 3.
2 861

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the:

1. Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,415,000 to $3,272,000 in Region 1;

2. Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,535,000 to 3,423,000 in Region 2; and

3. Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for a one-year extension ending June 30, 2025, and increase the current not-to-exceed amount from $2,575,000 to $3,272,000 in Region 3.
3 862

BACKGROUND
• After the passing of Measure E in November 2020, staff created a plan for restoring the maintenance of the citywide street landscapes and parks.
• On May 11, 2021, options were presented to the Public Works and Transportation Committee (PWTC) that included contracting the monthly maintenance of the median and parkway landscapes along the City’s arterial streets. This recommendation from the PWTC was presented to and approved by the City Council on May 18, 2021. 4 863

BACKGROUND
• In an effort to provide equal levels of service, the citywide street landscapes were divided into three regions with roughly equal amounts of maintenance for each of the three landscape
maintenance agreements.
• Requests for Proposals (RFPs) were created to maintain each of the three regions and on June 29, 2021 City Council awarded Agreement A-8345 to Mariposa Landscapes, Inc. (Mariposa) and Agreements A-8344 and A-8346 were awarded to Garcia’s
Landscaping Maintenance, Inc. (Garcia’s).
• Each contractor was the lowest responsive bidder for their awarded Agreement (Attachments 4, 5, 6).
5 864

BACKGROUND
• In October of 2021, staff and Mariposa identified areas that required clarification on the work maps for Region 2. These areas were corrected with revised work maps through the First Amendment to Agreement A-8345 (Attachment 5). There were no changes to the cost of the Agreement.
• In August of 2022, staff compiled a list of identified landscape areas within the City’s responsibility that were not included in the original scope of work. Those additional areas were added to the scope of work in each Agreement as Amendments that were approved by the City Council on Sept. 6, 2022. Those Amendments are:
6 865

BACKGROUND

1. First Amendment to Agreement A-8344 with Garcia’s increasing the not to exceed amount from $1,900,000 to $2,415,000 in Region 1 (Attachment 4):

Original Agreement 33.3 acres of landscape 7.4 acres of hardscape Added First Amendment 6.0 acres of landscape 2.38 acres of hardscape Current Total 39.3 acres of landscape 9.78 acres of hardscape

2. Second Amendment to Agreement A-8345 with Mariposa increasing the not to exceed amount from $2,125,000 to $2,535,000 in Region 2 (Attachment 5):

Original Agreement 31.7 acres of landscape 10 acres of hardscape Added Second Amendment 11.76 acres of landscape .77 acres of hardscape Current Total 43.46 acres of landscape 10.77 acres of hardscape

3. First Amendment to Agreement A-8346 with Garcia’s increasing the not to exceed amount from $2,000,0000 to $2,575,000 in Region 3 (Attachment 6):

Original Agreement 28.97 acres of landscape 9.03 acres of hardscape Added First Amendment 12.34 acres of landscape 1.23 acres of hardscape Current Total 41.31 acres of landscape 10.26 acres of hardscape 7 866

BACKGROUND
• The not to exceed amount for each Agreement includes capacity for on-call landscaping services, such as undeveloped property maintenance and roadside weed abatement, that are outside of the routine monthly services.
• This capacity was added in response to the change in the County work release program resulting in a loss of the program’s services and the reduction of services that used to be provided by the City Corps Program.
8 867

DISCUSSION
Both Garcia’s and Mariposa have satisfactorily maintained their awarded contract areas during the past three years with all three Agreements due to expire on June 30, 2024. Therefore, staff is requesting an Amendment to each Agreement for a one year extension that will expire on June 30, 2025.

Both contractors have agreed to continue the same monthly service rates that were approved in 2022.

1. The Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service will cost $831,720 for the twice monthly services and the four year contract total amount not to exceed $3,272,000 in Region 1 (Attachment 1).

2. The Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for the additional one year of service will cost $861,693 for the twice monthly services and the four year contract total amount not to exceed 3,423,000 in Region 2 (Attachment 2).

3. The Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service will cost $899,220 for the twice monthly services and the four year contract total amount not to exceed $3,272,000 in Region 3 (Attachment 3).
9 868

DISCUSSION
• During the next fiscal year, staff will be revising the project specifications for each region and then re-advertise for proposals.

The intention will be to have the new landscape maintenance agreements for the citywide street landscapes begin July 1, 2025. • Staff recommends amending the existing agreements in lieu of a new bid process this time because the expected result of a bid process are higher costs due to recent inflation and other similar bid processes that have resulted in increases.
• The fact that these two contractors have agreed to keep their 2022 rates in place is a benefit to the City.
10 869

FINANCIAL IMPACT
The costs for each agreement's one-year extensions for a total increase of $2,592,633 are contained in the proposed Public Works, Parks Operations Budget, General Fund account for Fiscal Year 2024-25 for City Council’s consideration.
• The Second Amendment to Agreement A-8344 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service is an increase of $831,720
• The Third Amendment to Agreement A-8345 with Mariposa Landscapes, Inc. for the additional one year of service is an increase of $861,693
• The Second Amendment to Agreement A-8346 with Garcia’s Landscaping Maintenance, Inc. for the additional one year of service is an increase of $899,220
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QUESTIONS?
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4
DATE: May 21, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Trade Services Agreement 32500001 with SCA of CA, LLC for Citywide Street Sweeping Services. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with SCA of CA, LLC for a not to exceed amount of $10,250,000 for a one-year term ending June 30, 2025, with an option to extend for four additional one year terms for a final expiration of June 30, 2029, for citywide street sweeping services, alleyways, parking lots, parking structures and city facilities.
(Public Works and Transportation Committee approved 3-0 on April 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lNlGNEWK1so

BACKGROUND
The City contracts sweeping services for residential streets, alleyways, arterial streets, public parking lots, and various City facilities. The City is responsible for sweeping maintenance of approximately more than 21,000 curb miles annually within the community. Sweeping occurs at different intervals to clean up the streets following refuse collection and to maintain compliance with mandated permit requirements for stormwater discharge from the National Pollutant Discharge Elimination System (NPDES) issued by the State Water Resources Control Board. Street sweeping is also done to maintain and enhance the City's appearance. Currently, sweeping services are fulfilled by a third-party vendor.

Prior legislation required that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Prior law defined the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Passed by the State legislation in August 2022, Assembly Bill 1886 (AB 1886) expanded the definition of "public works" to include street sweeping, as defined, maintenance performed for the routine cleaning of any publicly owned or publicly operated street, road, or highway done under contract and paid for in whole or in part out of public funds. AB 1886 imposed a state-mandated local program, which now requires the payment of prevailing wage for street sweeping. The State’s Department of Industrial Relations (DIR) published the current rate of $91.25 per hour on July 1, 2023, set to increase by $4.00 per hour to $95.25 on July 1, 2024. Before AB 1886, the average wage for a street sweeper operator ranged between $25.00-$35.00.

Table 1 provides a history of vendor names, dates of service, and curb mile costs over the past 10 years.

TABLE 1
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Street Sweeping Vendor History and Cost Per Curb Mile
Vendor Dates Curb Mile Cost
SCA September 2023 - June 30, 2024 $80
Venco* October 2020 - September 2023 $28
Venco April 2014 - March 2020 $24
*SCA acquired ownership of Venco in June 2022

DISCUSSION
The Purchasing Department released a Request for Bid (RFB) PW24-72 for the Street Sweeping Services on December 28, 2023, with a proposal due January 31, 2024. Information regarding the solicitation was posted on the City’s website, in addition to www.publicpurchase.com, a public website where solicitations are posted.

The RFB received a total of two bids. SCA of CA, LLC (SCA) was determined to be the lowest most responsive bidder.

Staff has confirmed that SCA meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filings with the California Secretary of State.

Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of satisfactorily providing the necessary services.

SCA will provide citywide sweeping services for this agreement at $61.00 per curb mile, which includes biweekly sweeping of residential streets, weekly sweeping of downtown streets, bi-weekly sweeping of arterial streets, sweeping of alleyways, and sweeping of public parking areas and City facilities. Sweeping is an effective method of preventing trash, plant debris, and sediment from entering the City’s storm drain system.

Residential sweeping days are generally the next business day after the refuse collection schedule. SCA will also be responsible for on-call emergency sweeping needs, such as spills in the roadway and traffic collisions.

SCOPE OF SERVICES (Summary)
SCA will be responsible for providing all labor, equipment, and disposal necessary to perform sweeping services for residential, industrial, commercial, and arterial streets on a Weekly, Monthly, or On-Call basis, including but not limited to:
• Sweeping all arterial, collector, industrial, residential, and commercial streets; including but not limited to alleys, cul-de-sacs, parking lots, and median island curbs; • Removals of large debris (cardboard, palm fronds, rocks, etc.); • Disposal of collected sweeping debris;
• Providing additional sweeping services for special events and emergencies.

Per the National Pollutant Discharge Elimination System (NPDES) Permit the Streets and Road Pollutant Management section defines streets to be maintained in Table 2:

Table 2
The City shall designate streets and/or street segments within its jurisdiction as one of the following:

Priority A
Streets and/or street segments that are designated as
consistently generating the highest volumes of trash
and/or debris.
873
Priority B
Streets and/or street segments that are designated as
consistently generating moderate volumes of trash
and/or debris.

Priority C
Streets and/or street segments that are designated as
consistently generating low volumes of trash and/or
debris.

The City shall perform street sweeping of curbed streets according to the following schedule:

Priority A Streets and/or street segments that are designated as Priority A shall be swept at least two times per month.

Priority B Streets and/or street segments that are designated as Priority B shall be swept at least two times per month.

Priority C
Streets and/or street segments that are designated as
Priority C shall be swept as necessary but in no case
less than once per year.

Street sweeping activities shall comply with the State of California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105. Additional curb miles may be added to the scope of work to include an additional day of street sweeping at areas within the City limits of Oxnard, see map. There will also be specific locations To Be Determined (TBD) that may be added as needed.

Curb Mileage
Where curb mileage is listed in these specifications, the numbers are estimates. SCA will verify as to the quantities and scope of work, to be reviewed by City staff. The contract curb mileage shall be calculated based on the City's Geographical Information System (GIS) data. There are approximately 21,256 curb miles to be swept annually. The chart below identifies the current curb mile types and frequencies swept. See attached Agreement for a general map of the street categories listed in the table below:

Table 3
CITY of Oxnard
Street Sweeping
Agreement
Annual
Number
of
Sweeps
Total
Curb
Miles
Per
Sweep
Total
Curb
Miles
Per
Month
Total
Annual
Curb Miles
Residential/Restricted
Bi-Weekly 24 590 1,180 ~ 14,160
Less: No
Residential/Restricted
Sweeping (Holiday
Weeks)
10 Holiday Weeks (295) (2,950)
Alleyways: Monthly 15 146 146 ~ 2190
Arterial - Bi-Weekly 24 310 620 7,440
Downtown - Weekly 52 8 32 416
874
Total Annual Curb
Miles ~ 21,256
Residential/Restricted Streets
Residential City streets are swept twice a month. Street sweeping will take place within the areas designated by the established routes. Some street sweeping routes are posted with 'no parking' signs stating the day of the week and time the street will be swept. These routes are designed with time limits to allow enough time for the sweeper to complete the miles assigned to a specific route, which vary in length. SCA will be responsible for reporting on the efficiency of residential areas not posted for street sweeping. City staff will evaluate these locations and determine whether or not street sweeping signs may be posted based on the accessibility of the curb. There is no street sweeping on the weeks of a City holiday.

Arterial Streets
Arterial streets within the City consist of approximately 620 curb miles/month. SCA will be responsible for adhering to the time restrictions stipulated in the sweeping schedule. Arterial streets are to be swept twice per month on a bi-weekly schedule. SCA will provide a professional digitally rendered map displaying the proposed arterial street sweeping routes and schedule to the Manager, or his/her designee. Arterial sweeping routes must be mutually agreed upon by SCA and the Manager, or his/her designee, before commencing arterial street sweeping.

Alleyways
Alleyways within the City consist of approximately 146 curb miles/month. Alleyways are to be swept once per month.

SCA and Manager, or his/her designee, shall create a mutually agreed upon alleyway sweeping schedule which will be made available for public distribution. Alleyway sweeping routes must be mutually agreed upon, before commencing alleyway street sweeping. Subsequent alleyway route changes and modifications must be approved and mutually agreed upon. Previously, alleyways were swept the fifth week of the month and not all alleys were swept monthly.

Downtown
The City's downtown area consists of approximately 8 curb miles. The downtown area is to be swept weekly during the weekend and Mondays and Fridays during hours between 2:00 a.m. and 6:00 a.m.

Medians
Street sweeping of median curbs is scheduled weekly on Tuesdays, except for City observed holidays. Street medians that are inaccessible due to high vehicle traffic shall be swept before 6:00 a.m. Median mileage is calculated in the total curb mileage.

Water and Dust Control
SCA shall ensure adequate water is utilized at all times to maximize dust control and maintain dustless conditions while sweeping. Best management practices shall be used at all times. SCA shall make arrangements with the City’s Department of Billing & Licensing and complete a Fire Hydrant Meter Application. SCA shall utilize this account to access the City’s fire hydrants and hydrant meter(s) to obtain water necessary for the execution of the contract. SCA shall be responsible for all invoices incurred during the term of this agreement.

A. SCA shall obtain water services from the City, for the water necessary for said street sweeping operations. The cost of the metered water shall be borne by the SCA and is included in the agreement costs; B. SCA shall not discharge liquid waste from the sweeper units onto City streets or into the storm drain system; Parking Enforcement Program
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The Parking Enforcement Program, in designated areas with proper signage, is a collaboration with Oxnard Police Department, City staff, and SCA to discourage parking on the street on sweeping days. The program intends to clean streets more efficiently and access the curb while keeping the City compliant with provisions of the NPDES requirements. Debris must be removed for community aesthetics and to aid the City’s compliance. These requirements regulate water pollution, especially pollution that enters the ocean through storm drains.

Parking enforcement officers can cite vehicles for parking during posted street sweeping hours. There is no parking enforcement on the weeks of a City holiday. SCA shall supervise the restricted parking enforcement program, and coordinate with the Police Department for enforcement times for sweeping the restricted areas. SCA shall have adequate personnel and equipment available to meet the posted times in all restricted parking areas within the City.

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

FINANCIAL IMPACT
The total cost for this Agreement with SCA shall not exceed $10,250,000 over a possible term of five years, if extended through June 30, 2029. This Agreement will be funded from various funds and year one will be included in the FY 2024- 25 Proposed Budget for City Council’s consideration. Subsequent year allocations will be requested during the annual budget process.

SCA Street Sweeping Estimated Spending Plan
Program Account FY 25 FY 26 FY 27 FY 28 FY 29 Totals
Facilities 7353740-
53200
$68,500 $72,000 $73,500 $75,000 $77,500 $366,500
Water 6013600-
53200
$1,200 $1,350 $1,400 $1,400 $1,350 $6,700
Waste
Water
6113614-
53200
$1,200 $1,350 $1,400 $1,400 $1,350 $6,700
OTC 90403201-
53200
$1,200 $1,350 $1,400 $1,400 $1,350 $6,700
ER 6313630-
53200
$117,000 $121,000 $124,500 $128,000 $132,500 $623,000
General
Fund
1013451-
53200
$1,257,000 $1,303,000 $1,351,000 $1,450,000 $1,400,000 $6,761,000 State Gas
Tax
1813401-
53200
$300,000 $300,000 $300,000 $300,000 $300,000 $1,500,000 As
Needed
Various $185,000 $190,500 $196,000 $206,400 $201,500 $979,400 TOTAL $1,931,100 $1,990,550 $2,049,200 $2,163,600 $2,115,550 $10,250,000

COMMITTEE OUTCOME
876
The Public Works and Transportation Committee approved 3-0 on April 23, 2024 to approve the staff recommendation and to forward the item for Council approval.

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

ATTACHMENTS

1. Agreement #32500001

2. Presentation
877

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND SCA OF CA, LLC
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of SCA OF CA, LLC, (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. Citywide street sweeping services for various locations (streets, alleyways, parking lots, and City facilities).

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 SCA OF CA, LLC (“SERVICE PROVIDER”), a corporation/LLC/LLP of the State of California, located at 4141 Rockside Rd., Suite 100, Cleveland, Ohio 44131.

3. TERM OF AGREEMENT: From: July 1, 2024 To: June 30, 2025

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for (4) four consecutive (1) one-year! extensions, in accordance with the scope of work and general terms and conditions! of the Trade Services Agreement. Any price increases or decreases shall be! negotiated at time of contract extension.

3.3 Any Optional Extension (initial term, plus any option to extend) shall not! exceed a total of five (5) years. The CITY in its sole discretion may exercise the! optional extension upon 60 days written notice to the SERVICE PROVIDER in! accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue! its written consent to the CITY’s exercise of the option extension within 10 days of! receipt of notice from the CITY. All Notices shall comply with Section 20 of this! Agreement.

3.4 All services required of SERVICE PROVIDER under this Agreement shall! be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $10,250,000.

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5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-D Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
Exhibit G: Parking Lot Location Maps
Exhibit H: Street Sweeping Location Maps

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Eric Zetz Name: Mike Justice
Title: Maintenance Operations Manager Title: Branch Manager Phone: 805-385-7957 Phone: 805-201-0040
Email: [email protected] Email: [email protected] Mailing Address: 111 S. Del Norte Blvd Mailing Address: 2400 Eastman Ave., Oxnard, CA 93030 Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

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7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively.

The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of Agreement No. 32500001 3 of 99
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those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

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13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees, subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.

SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of Agreement No. 32500001 5 of 99
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this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement No. 32500001 6 of 99
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Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE Agreement No. 32500001 7 of 99
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PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, Agreement No. 32500001 8 of 99
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employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and Agreement No. 32500001 9 of 99
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representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employeremployee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html Agreement No. 32500001 10 of 99
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26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

27. CONFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall Agreement No. 32500001 11 of 99
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be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.

CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreedupon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed Agreement No. 32500001 12 of 99
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and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so Agreement No. 32500001 13 of 99
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modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

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43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance. [Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD
□John C. Zaragoza, Mayor1
□Jennifer Yates, 2
Purchasing Manager
ATTEST:

Date
Rose Chaparro, CITY Clerk Date
(Only if Mayor signs)
APPROVED AS TO FORM:
fe.£� ?1�402.r �lephen M.�r, CIT'r �
✓// Attorney (always required)

SCA OF CA, LLC
� Dooll$l;n1�,i,y::
�5i,AJ).!lf07 • .· kusdri�__
Gerry Kesselring,
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Brad Becker,
Regional Vice President3
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
3/11/2024
Date
3/11/2024
Date
• For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 16 of 99
Agreement No. 32500001
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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

SCOPE OF SERVICES

PROJECT MANAGER: Eric Zetz / 805.385.7957 / [email protected] Description of Work
The work covered by this contract consists of furnishing all labor, equipment, materials and supervision to perform all work necessary to clean streets at designated locations within the CITY of Oxnard, as shown on the provided street sweeping maps. In addition to sweeping all curbs, the service provider shall sweep all bicycle lanes, curb-protected bike paths (less than normal 12' lane width), raised medians and raised "pork chop" pedestrian refuge islands/right turn slip lanes, interior left turn lanes, lanes adjacent to median lanes and traffic calming islands, intersections, and corners including curb returns and drainage structure inlets from any cross street intersecting the subject street.

Manual Sweep/land Work Requirements Obstructions in the sweeping path that can be removed by hand shall be placed in the hopper of the sweeper by the sweeper operator before sweeping.

The service provider shall immediately call and report to the CITY's Division Manager or his/her designee, the nature and location of immovable objects that are in the sweeping path. Small diameter cul-de-sacs and/or bulb-outs within the sweeping routes where the gutter broom cannot reach the flowline must be swept by hand. Additionally, all grooved cross-gutters where the gutter broom cannot reach the debris within the grooves shall be swept by hand.

The service provider will manually remove debris located inside all drainage structures within six (6) inches from face of opening.

The service provider will manually sweep or blow debris from and clean the tops of all of the CITY's raised concrete medians (non-landscaped) medians and raised "pork chop" pedestrian refuge islands/right tum slip lanes, now existing or added during the term, once per month. In addition, the service provider shall manually sweep or blow debris from all pedestrian walkways and truncated domes located within pork-chop and pedestrian refuge islands/right turn slip lanes and bulb-outs.

Definitions
“CITY" means the CITY of Oxnard, a municipal corporation and General Law CITY, and all the territory lying within the municipal boundaries of CITY as presently existing or as such or as such boundaries may be modified during the term of this Agreement.
"Curb Mile" means one mile of CITY Street from the face of the curb, extending out onto the street with the width of the sweeper. In the case of streets or other roadways that do not have curbs, one curb mile would be one mile down the center of the roadway, the width of the sweeper. "Drainage Structure Inlets" means all faces of low-flow boxes, catch basins, and storm drain drop inlets.
“Other" means raised medians, painted medians and gores, traffic islands, and directional raised Islands.

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“Parking Enforcement Program" refers to CITY Police Department personnel who are assigned to parking enforcement and follow parking enforcement program procedures that may result in the issuance of parking citations, given by the CITY Police Department.
“Pork-Chop Pedestrian Island” refers to islands that are triangular raised islands placed between a rightturn slip lane and through-travel lanes. They channelize vehicular traffic and provide a refuge for pedestrians crossing a roadway, where they can wait for a suitable gap in traffic or for the WALK phase of a pedestrian signal.

Scope of Work
The service provider shall be responsible for providing all labor, equipment, and disposal necessary to perform street sweeping services for residential, industrial, commercial, and arterial on a Weekly, Monthly, or On-Call basis, including but not limited to:
 Sweeping all arterial, collector, industrial, residential, and commercial streets; including but not limited to: alleys, cul-de-sacs, parking lots and Median island curbs;  Removals of large debris (cardboard, palm fronds, rocks, etc.);  Disposal of collected sweeping debris;
 Providing additional sweeping services for special events and emergencies.

Per the Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit the Streets and Road Pollutant Management section defines streets to be maintained in the following way:

The City shall designate streets and/or street segments within its jurisdiction as one of the following:

Priority
A
Streets and/or street segments that are designated as consistently generating the highest volumes of trash and/or debris.

Priority
B
Streets and/or street segments that are designated as consistently generating moderate volumes of trash and/or debris.

Priority
C
Streets and/or street segments that are designated as consistently generating low volumes of trash and/or debris.

The City shall perform street sweeping of curbed streets according to the following schedule:

Priority
A
Streets and/or street segments that are designated as Priority A shall be swept at least two times per month.

Priority
B
Streets and/or street segments that are designated as Priority B shall be swept at least two times per month.

Priority
C
Streets and/or street segments that are designated as Priority C shall be swept as necessary but in no case less than once per year.

Street sweeping activities shall comply with the State of California- California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105. As such, additional curb miles may be added to the scope of work to include an additional day of street sweeping Agreement No. 32500001 18 of 99
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at areas within the City limits of Oxnard, see map. There will also be specific locations To Be Determined (TBD) that may be added as needed. Frequency of street sweeping (including parking lot sweeping frequencies) may be adjusted as needed to comply with City business needs and compliance with the MS4 NPDES Permit. These changes shall be approved by the Environmental Resources Division Manager, or his/her designee
For regulatory information see the State of California- California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/public_docs/2022/ 1_Order(ACC-RPSignature).pdf
Curb Mileage
Where curb mileage is listed in these specifications, the numbers are estimates. The service provider shall satisfy itself as to the quantities and scope of work. The contract curb mileage shall be calculated based on CITY's Geographical Information System data. CITY currently has approximately 21,256 curb miles swept annually. The chart below identifies the current curb mile types and frequencies swept. See Attachment No. 1 for a general map of the street categories listed below.

CITY of Oxnard
Street Sweeping Agreement
Annual
Number of
Sweeps
Total Curb
Miles Per
Sweep
Total Curb
Miles Per
Month
Total Annual
Curb Miles
Residential/Restricted
Bi-Weekly 24 590 1,180 ~ 14,160
Less: No Residential/Restricted
Sweeping (Holiday Weeks) 10 Holiday Weeks (295) (2,950) Alleyways: Monthly 15 146 146 ~ 2190
Arterial - Bi-Weekly 24 310 620 7,440
Downtown - Weekly 52 8 32 416
Total Annual Curb Miles ~ 21,256
Residential/Restricted Streets
For street sweeping purposes, the residential streets in the CITY have been converted to four street sweeping routes that follow the weekly municipal solid waste collection routes, and alternating sides of the street with no residential street sweeping on a week with a CITY observed holiday (see Holidays for observed holidays).

Street sweeping will take place within the areas designated by the established four routes. The service provider is required to meet all posted times for sweeping.

Under the Division Manager, or his/her designee’s direction, the service provider shall supervise the restricted parking enforcement program, coordinate the Police Department cadets for CITY's enforcement times for sweeping the restricted areas, and communicate directly with the public regarding all aspects of the program. The service provider’s personnel shall be fully versed in all aspects of coordinating a street sweeping restricted parking program. All aspects of the program must be supervised in the field. Under the Agreement No. 32500001 19 of 99
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direction of the Division Manager, or his/her designee, the service provider shall coordinate street sweeping and enforcement with the Police Department, Public Works Department, and service provider’s staff. The service provider shall have adequate personnel and equipment available to meet the posted times in all restricted parking areas within the CITY.

In the event the service provider's supervisor determines a posted restricted time window will not be met, additional equipment shall be dispatched immediately to adhere to the posted times.

Arterial Streets
Arterial streets within the CITY consist of approximately 618 curb miles. The service provider shall be responsible for adhering to the time restrictions stipulated in the Sweeping Schedule. Arterial streets are to be swept twice per month on a bi-weekly schedule. The service provider shall provide a professional digitally rendered map displaying the proposed arterial street sweeping routes and schedule to the Division Manager, or his/her designee. Arterial sweeping routes must be mutually agreed upon by the service provider and the Division Manager, or his/her designee, prior to commencing arterial street sweeping. Subsequent alleyway route changes and modifications must be approved and mutually agreed upon by the service provider and the Division Manager, or his/her designee.

Alleyways
Alleyways within the CITY consist of approximately 134 curb miles. Alleyways are to be swept once per month (during the 5th week of every month and on holiday weeks when Residential sweeping is suspended - delete). Prior to the start of a new calendar year, the service provider and Division Manager, or his/her designee, shall create a mutually agreed upon alleyway sweeping schedule which will be made available for public distribution. Alleyway sweeping routes must be mutually agreed upon by the service provider and the Division Manager, or his/her designee, prior to commencing alleyway street sweeping. Subsequent alleyway route changes and modifications must be approved and mutually agreed upon by the service provider and Division Manager, or his/her designee.

Downtown
The CITY Downtown area consists of approximately 7.7 curb miles. The downtown area is to be swept weekly during the weekend (Mondays and Fridays between the hours of 2:00 a.m. and 6:00 a.m.) according to the posted time restrictions.

Medians
The service provider shall be responsible for street sweeping median curbs weekly on Tuesdays, except for City observed holidays. Street medians that are inaccessible due to high vehicle traffic shall be swept before 6:00 a.m. Median mileage is calculated in the total curb mileage listed in the Curb Mileage table.

Routing
A map delineating the established four residential/restricted sweeping routes, which follow the current residential waste collection routes, will be provided to the service provider, upon award of the contract. When requested, The Service provider shall provide complete and comprehensive street-sweeping routing services as a part of the Agreement. This service shall include comprehensive planning for and routing of all existing and future street sweeping routes and all added curb miles resulting from new development. The service provider shall provide comprehensive professional digitally-rendered color-coded maps of new routes indicating the posted streets, the restricted time window for each side of the street, and the route starting Agreement No. 32500001 20 of 99
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point. The Division Manager, or his/her designee, shall approve all street sweeping rerouting prior to a change in routing.

Sweeping routes will in all cases follow the day after the solid waste collection schedule. CITY reserves the right to limit the number of curb miles projected per route in residential restricted and non-restricted parking.

Sweeping Method
Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. This is intended to be a “Clean Sweep” program and not a “Single Pass” program.

When necessary for proper cleaning, the service provider shall make more than one pass on a street without extra charge. Such extra passes may include, but shall not be limited to, the cleaning of dirt, sand, and other debris from street centerlines and pavement markings. The service provider shall immediately respond when notified by the City to re-sweep unsatisfactory areas at no additional charge. Sweeping will generally require one pass over an area with the left and/or right gutter brooms and pickup broom or pickup head in contact with the surface being swept at all times. A minimum width of eight feet shall be cleaned with each sweeper pass as measured from the curb face to the centerline of the street. Where debris or other conditions warrant, the service provider will make sufficient passes to clean the entire street and shall immediately respond when notified by the CITY to re-sweep unsatisfactory areas at no additional charge.

Cross gutters, turn pockets, painted medians, median "bull noses," and intersections are considered part of the curb mileage and are to be swept along with the curb line on each sweeping route. The downtown sweeping route has parking areas inaccessible to the street sweeper due to landscape planters. These corners are to be cleaned by hand during the weekly sweeping operation. Street sweeping equipment manufacturer speeds shall be followed when brooms are lowered so as to maximize debris removal from CITY streets, and to maintain and clean the CITY streets, as conditions warrant thoroughly. (At no time shall the sweeping speed exceed six miles per hour. - delete and replace)
The service provider shall operate the street sweepers at a speed of not more than five (5) miles-per-hour in residential areas, and not more than eight (8) miles-per-hour in commercial areas, when sweeping or when the sweeper brooms are down; the service provider shall not exceed eighty-percent (80%) of the manufacturer’s recommendation. CITY will use industry standards, and Environmental Protection Agency information to ensure proper protocols are followed.

Non-Sweepable items that impede sweeping operations, which include, but are not limited to: palm fronds, rocks, trash and debris shall be removed from the sweeping path and properly disposed of by the operator rather than driving around them. Items that impede sweeping and are immovable such as construction debris and impaired vertical or horizontal clearance by tree limbs shall be reported to CITY immediately for correction. The service provider is not responsible for areas missed due to parked cars or other personal property. Sweeper operators shall immediately report to the service provider and to the CITY all illicit discharges observed during routes. The service provider shall train all operators to recognize illicit discharges and storm water pollution sources prior to work as street operators and annually thereafter, using CITYapproved training materials. Such training shall be documented for review by the CITY.

In areas where drainage is a problem, The service provider shall make as many passes as necessary to remove debris from standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street during the sweeping operation. If standing water is over the top of the curb, then service provider shall not be required to sweep that specific area. Sweeper operators shall report drainage problems to the service provider and City on a monthly basis, or as deemed appropriate by the service provider.

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Where obstructions impede the sweeping operation (such as rocks, palm fronds, and other objects that can be handled by the sweeper operator and/or field supervisor), The service provider shall remove these items by hand rather than driving around these items. Items that are too large to be manually put into the sweeper's hopper, such as discarded furniture or other large bulky items or items that obstruct the sweeping route, such as tree branches or basketball hoops, must be reported immediately to the Division Manager, or his/her designee, and documented on the daily obstruction report for removal by CITY. The service provider is not required to sweep "unsweepable" debris. The Division Manager, or his/her designee, shall determine if an "unsweepable" condition exists.

In areas where drainage is a problem, the service provider shall make as many passes as necessary to remove debris from standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street as a result of the sweeping operation. Such extra passes may include, but shall not be limited to, cleaning of debris from street centerlines and pavement markings.

The service provider shall clean up any leaks or spills from its vehicles per the National Pollutant Discharge Elimination System (NPDES) permit in effect at the time. The service provider shall notify the CITY of any leaks or spills reported to the service provider or observed by any employee of the service provider. The service provider shall ensure that leaks or spills are remediated within two (2) hours of notification or observation. The service provider shall notify the CITY immediately upon remediation of leaks or spills. No pollutant that leaks, spills, or otherwise escapes from any service provider vehicle may be washed into a storm drain or otherwise allowed to enter a storm drain at any time. The service provider must take all measures necessary to prevent the discharge of any such pollutant into a storm drain. All NPDES drycleaning measures shall be complied with. All sweepers must be equipped with absorbent for such cleanup efforts. The service provider shall provide photographic evidence to the CITY for each cleanup. Payment of liquidated damages for failure to clean up leaks or spills within the required timeframe and/or for failure to follow the cleanup procedures does not excuse the service provider from the cleanup requirements listed above.

Parking Enforcement Program
The CITY has a Parking Enforcement Program to discourage parking on the street on sweeping days. The street sweeper operator shall be in constant communication with the parking enforcement officer and will need to stop when directed to do so. The street sweeper shall sweep the route per the CITY’s direction. The CITY may use a Parking Control Officer to cite vehicles for parking during street sweeping hours. The service provider shall coordinate his sweeping activities with the Parking Control Officer. All costs for coordination are the responsibility of the service provider, and no additional compensation will be allowed.

Under the Division Manager, or his/her designee’s direction, the service provider shall supervise the restricted parking enforcement program, coordinate the Police Department cadets for CITY's enforcement times for sweeping the restricted areas, and communicate directly with the public regarding all aspects of the program. The service provider's personnel shall be fully versed in all aspects of coordinating a street sweeping restricted parking program. All aspects of the program must be supervised in the field. Under the direction of the Division Manager, or his/her designee, the service provider shall coordinate street sweeping and enforcement with the Police Department, Public Works Department, and service provider's staff. The service provider shall have adequate personnel and equipment available to meet the posted times in all restricted parking areas within the CITY.

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Parking Facilities Maintenance
Permittee-owned parking lots exposed to stormwater shall be inspected at least twice per month. If debris and/or oil is observed during the inspection, the parking lot shall be cleaned. At a minimum, parking lots must be cleaned once per month.

Water and Dust Control
The service provider shall ensure adequate water is used at all times to maximize dust control and maintain dustless conditions while sweeping. Best management practices shall be used at all times. The service provider shall make arrangements with the CITY’s Department of Billing & Licensing and complete a Fire Hydrant Meter Application. The service provider shall utilize this account to access the CITY’s fire hydrants and hydrant meter(s) to obtain water necessary for the execution of the contract. The service provider shall be responsible for all invoices incurred during the term of this agreement.

A. The service provider shall obtain water services from the CITY, for the water necessary for said street sweeping operations. The cost of the metered water shall be borne by the service provider; B. The service provider shall not discharge liquid waste from the sweeper units onto CITY streets or into the storms drain system;
C. Washing of sweepers on any property located within the CITY is strictly prohibited. All washing of sweeper units shall comply with all local, State and Federal regulations. The service provider shall implement best management practices when loading water into the street sweepers to prevent any overflow/potable water discharges into the storm drain system. Best Management Practice means the collection of written activities, practices, policies and procedures prepared and proposed by a responsible party, and then approved by the Public Works Director or designee, to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the storm drain system which might be generated from any site in CITY.

Deficiencies of Corrections
CITY may also make regular unannounced inspections of Street Sweeping locations and if a swept area is deemed to be below acceptable performance standards, the substandard section shall be re-swept within one (1) Work Day of notification. The service provider shall re-sweep at their own expense. CITY shall be notified of the completed re-sweep.

Weather and Hazardous Conditions
When inclement weather or hazardous conditions such as traffic accidents, flooding, demolition, construction, hazardous spills, natural catastrophes, or related incidents interrupt the regular street sweeping schedule, sweeping services are subject to change. Depending on weather conditions sweeping services shall be canceled at the CITY’s Division Manager or his/her designee’s discretion, according to the following schedule:

Type Notification (no later than):

Morning Route 6:00 a.m.

Afternoon Route 11:30 a.m.

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The service provider will not be paid for the curb miles not swept. Street sweeping operations shall resume as scheduled as soon as weather or conditions permit.

Sweeping Schedule
Residential/Restricted Streets:

All Residential/Restricted streets are swept following one of eight (8) established bi-weekly sweeping schedules as listed below. Schedules are subject to change at any time at the CITY’s Division Manager, or his/her designee’s discretion and will be updated as needed throughout the Agreement term.

DAY OF THE WEEK WEEK OF THE MONTH
Tuesday Weeks 1 and 3
Tuesday Weeks 2 and 4
Wednesday Weeks 1 and 3
Wednesday Weeks 2 and 4
Thursday Weeks 1 and 3
Thursday Weeks 2 and 4
Friday Weeks 1 and 3
Friday Weeks 2 and 4
Streets and alleys posted and not posted shall be swept as follows:
 Residential 8:00 a.m. to 4:30 p.m.
 Arterials/Downtown 11:00 p.m. to 6:00 a.m.

The service provider shall have sufficient staff and equipment to meet all sweeping schedules. In the event of an emergency, the service provider shall have additional personnel and equipment to dispatch to the scene of the incident. The service provider shall not remove a sweeper from an established route to meet an emergency need. Requests for emergency services must be responded to within thirty-minutes (30-min) during Monday through Friday, 7:00 a.m. to 5:00 p.m., and within one-hour (1-hr) any other time, including weekends and holidays. Rates charged for emergency/after-hours sweeping will be at the rates quoted as shown in the Rates and Costs Exhibit. In a week with a CITY observed holiday, the service provider shall not sweep residential streets on any day in that week that occurs on and after the holiday, and respective curb miles shall not be billed to CITY. Arterial, downtown, and parking lot routes will adjust the schedule to accommodate the holiday.

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Holidays
The CITY observes the following holidays:
 New Year’s Day (January 1st)
 Martin Luther King Day (Third Monday in January) and
 Presidents Day (Third Monday in February)
 Cesar Chavez Day (March 31st),
 Memorial Day (Last Monday in May),
 Independence Day (July 4th)
 Labor Day (First Monday in September)
 Veterans Day (November 11th)
 Thanksgiving Day (the fourth Thursday in November)
 Day After Thanksgiving Day (the fourth Friday in November)  Christmas Day (December 25th)
Inspection
All work performed pursuant to this contract will be inspected by the Division Manager, or his/her designee, which includes GPS monitoring. Streets not cleaned and left with sweepable debris such as sand, dirt, vegetation, sludge, and refuse shall be re-swept at no additional cost to the CITY. Incomplete sweeping of established routes three times in any thirty-day period shall be grounds for termination of this Agreement.

Equipment
The service provider shall provide a list of equipment to be used, including make, model, year, and quantity.

Sweeping equipment used to perform the work on this contract shall be properly maintained and in properly working condition. The service provider is responsible for ensuring the fleet is operational, properly maintained, and is compliant with all local, state, and federal requirements. CITY shall not provide storage facilities for service provider's equipment or operations gear. The service provider shall provide all necessary facilities for the storage of equipment, parts, supplies, and equipment maintenance as required to perform the services under this Agreement.

Debris Disposal
Debris disposal is the responsibility of the service provider and must comply with all applicable discharge requirements according to local, state, and federal limits. The CITY's Storm Water Group shall pay the direct tonnage fees for debris collected by the service provider from residential, alleyways, downtown, arterials, industrial, and commercial areas, medians, and parking lots swept by the service provider. Weigh tickets shall be mailed from the Del Norte Regional Recycling and Transfer Station (Del Norte Facility), located at 111 South Del Norte Boulevard in Oxnard, to the CITY of Oxnard – Storm Water Division, 6001 Perkins Road, Oxnard, CA 93033.

For special on-call sweeping services that require roll-off containers for disposing and containing sweeping debris, the service provider shall use roll-off containers provided by the CITY’s Environmental Resources Division. The service provider shall contact the CITY’s Environmental Resources Division for the order of placement, removal, and emptying of the roll-off container. The management of and the costs associated with the roll-off containers is the responsibility of the service provider. Rates for the use of roll-off containers are listed in the CITY Ordinance that establishes solid waste system user fees and charges. The service provider can call the CITY Environmental Resources Division for further details of rates for roll-off containers. Arrangements for the daily roll-off container placement and pickup shall be made twenty-four hours in advance, and roll-off containers shall not be permitted to remain overnight. Debris that accumulates around the roll-off container during the dumping operation shall be swept within two hours of the container Agreement No. 32500001 25 of 99
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being removed by CITY's Environmental Resources Division. No debris shall be placed into the roll-off container except that generated by the sweeping operations pursuant to this Agreement.

Environmental Resources Division will mail weigh tickets associated with the street sweeping Agreement to CITY's Wastewater Division for reimbursement of street sweeping debris received by the Environmental Resources Division.

Watershed Management Program
Street sweeping activities shall comply with the State of California - California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105. As such, additional curb miles will be added to the scope of work to include an additional day of street sweeping at areas within the City limits of Oxnard, see map. There will also be specific locations To Be Determined (TBD) that will be added as needed. These limits shall be approved by the Environmental Resources Division Manager, or his/her designee
For regulatory information see the State of California- California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/public_docs/2022/ 1_Order(ACC-RPSignature).pdf
Parking Lots
Parking lots swept will be thoroughly cleaned. Areas inaccessible to the sweeper shall be cleaned using a vacuum or blower device. All debris shall be picked up by the sweeper unit and disposed of at the CITY's expense. Street sweeping shall include the removal of all sand, gravel, dirt, litter, vegetation and any and all other debris that accumulates between scheduled sweeping days. Street sweeping shall take place at times when the parking lots are vacant or least occupied. Frequency of street sweeping (including park lot sweeping frequencies) may be adjusted as needed to comply with City business needs and compliance with the MS4 NPDES Permit. These changes shall be approved by the Environmental Resources Division Manager, or his/her designee
Reference page 74 of the State of California- California Regional Water Quality Control Board Los Angeles Region Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/public_docs/2022/ 1_Order(ACC-RPSignature).pdf
Del Norte Regional Recycling and Transfer Station (Del Norte Facility) and Surrounding Streets The site at the Del Norte Facility located at 111 South Del Norte Boulevard in Oxnard and the streets of Del Norte Boulevard and Sturgis Road that bound the Del Norte Facility shall be swept and thoroughly cleaned.

Sweeping at the Del Norte Facility shall occur daily, Monday through Saturday, during closing hours from 5:00 p.m. to 5:30 a.m. Areas to be swept include parking lots, loading docks, truck and trailer staging areas, scale areas, ingress areas, and all other vehicle traffic asphalt pavement surface areas at the facility site.

Service frequency may be adjusted occasionally, and special on-call spot sweeps shall be ordered by the Division Manager or his/her designee, as needed.

Daily sweeping shall occur Monday through Saturday on Del Norte Boulevard from Sturgis Road to Fifth Street and on Sturgis Road from Del Norte Boulevard to Elevar Street.

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Frequency of street sweeping may be adjusted as needed to comply with City business needs and compliance with the MS4 NPDES Permit. These changes shall be approved by the Environmental Resources Division Manager, or his/her designee
Heavy Sweeping Conditions
CITY has several areas that are adjacent to the beach. Sand accumulates in these areas that exceed the capability of standard street sweeping equipment. When this condition occurs, the service provider shall make arrangements to remove the heavy accumulation of sand at a cost to the CITY. CITY will pay only for the cost of the heavy equipment used for sand removal. Division Manager, or his/her designee, must review and approve the proposed cost and schedule of work prior to the start of sand cleanup. The charge to the CITY must be backed up by supporting documentation in the form of an itemized quote or price schedule. As an alternative, CITY may elect to remove the heavy accumulations of sand utilizing CITY personnel and equipment at no penalty to the service provider. In any event, it is the service provider's responsibility to sweep all sand from the beach area streets within the established sweeping schedule.

The service provider shall have sufficient personnel and equipment available at all times to meet the demands of the beach area sweeping requirements.

The service provider, at no additional cost to CITY, shall supply personnel to place CITY-supplied temporary "No Parking" signs on all beach area streets forty-eight hours prior to any heavy equipment sand removal operations. The Division Manager, or his/her designee, shall be the sole judge as to whether the conditions warrant additional heavy equipment for sand removal.

The service provider is responsible for sweeping these beach areas from curb line to curb line, including intersections and cross gutters, each scheduled sweeping day. The service provider is responsible for investigating the conditions in these beach areas and throughout the CITY for street-sweeping requirements that are not typical of normal residential and arterial street-sweeping operations.

The service provider is responsible for following the City’s Sand Management Plan for removal and placement of sand in and around the beach areas.

Daily and Weekly Reports
The service provider shall submit reports and billing pertaining to contractual obligations according to the schedule and format shown in the Reporting Exhibit. From time to time, CITY may revise the schedule and format and will promptly notify the service provider of revisions. All reports must include picture attachments of obstructions along with any pertinent information.

CITY shall deduct the amount of penalties incurred from the service provider’s monthly service invoice.

Upon CITY’s request, the service provider shall submit to CITY daily or weekly reports in the format provided in the Daily and Weekly Reports. The service provider may submit their daily and weekly reports to the Division Manager or his/her designee, via email.

The service provider shall provide the CITY with recommendations for additional street signage for nonaccessible areas.

Daily Reports Submitted to the CITY's Division Manager, or his/her designee, shall contain the following:

1. Citizen complaints and their resolutions, and follow up with resident/business

2. Hazardous Conditions Report

3. Street Sweeping Obstruction Report
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4. Street Sweeping route schedule compliance
Weekly Reports Submitted to the CITY's Division Manager, or his/her designee, shall contain the following:

1. Routes Completed

2. Total Curbs Miles Completed

3. Total percentage of curb miles completed to total curb miles available

4. Identify and make recommendations to the City regarding streets that require “No Parking” signs for sweeping day(s) due to no access to the curb for street sweeping.

5. Debris collected in tons and cubic yards for all sweeping services provided Monthly Reports:

1. Missing Curb Miles

2. Identify route, location, date, and type of sweeping service

3. Cause of missed curb miles:
a. Holiday Week - Specify Holiday
b. Hazardous weather and/or conditions - Date & Location c. Street sweeping obstruction
d. Down equipment - Specify equipment
e. Lack of “No Parking” street signs on sweeping day(s) f. Low hanging trees
g. Broken asphalt
h. Other

4. Total monthly debris tonnage delivered by the service provider to the Del Norte Regional Recycling and Transfer Station

5. Certified payroll reports for all personnel assigned to Agreement, (upon CITY’s request)

6. Summary of Daily and Weekly Report Figures for the month:
a. Resident and business complaints and resolutions
b. Street Sweeping obstructions
c. Street Sweeping route schedule compliance
d. Routes and curb miles completed
Staffing
The service provider shall provide personnel specifically trained and experienced in the work to be performed. Street sweeper operators shall have a minimum of three-years (3 yrs.) of experience in municipal street sweeping. All sweeping equipment operators shall possess the type and variety of license required under California law applicable to the gross vehicle weight rating of the equipment. The Service provider Agreement No. 32500001 28 of 99
905
shall submit a list of sweeper operators to be assigned to the contract and include their qualifications and experience. All personnel assigned to this Agreement’s performance shall be the service provider’s employees.

Supervision
The service provider shall have a front-line supervisor on duty at all times that services are being performed under the Agreement. The supervisor shall have the authority to act on behalf of the service provider while making the day-to-day decisions required to effectively and efficiently carry out the Agreement’s obligations and the work’s performance. The supervisor must have at least five years of experience in managing municipal street sweeping contracts of comparable size and scope. The supervisor must be experienced in all phases of street sweeping operations and related services, including scheduling, routing, personnel supervision, quality control, direct interface with CITY staff and residents for customer service request resolution, report writing, enforcement of restricted parking programs, daily communication with the Division Manager, or his/her designee,, Water Resources, Streets & Waterways, Environmental Resources, Code Enforcement, and Police Department, ensuring all daily contractual requirements are being satisfied.

The supervisor is responsible for inspecting, reporting, and recommending to the Division Manager, or his/her designee, areas that need sweeping that are not included in regular sweeping service, such as alleyways, emergency sites, and other locations. At the request of the Division Manager, or his/her designee, the service provider shall provide a qualified representative to attend Neighborhood Council meetings, Homeowner Association meetings, and any and all other meetings as required to facilitate communication about the street sweeping and related services program.

Communication
The service provider and Division Manager, or his/her designee, shall directly communicate with all sweeping equipment in the field utilizing radios or cell phones. Pagers are not acceptable. The supervisor(s) shall have a cellular telephone for direct communication with Division Manager, or his/her designee, Police Department Parking Enforcement personnel, and residents. In addition, the service provider shall have a tollfree phone line for telephone and fax communication. The service provider shall install Networkfleet 5500 model Global Position System tracking devices on each sweeper assigned to the contract so the service provider sweepers can be integrated into CITY's Geographic Information System; alternatively, the service provider may provide CITY Division Manager, or his/her designee, with unfettered access to existing GPS monitoring software/service used by the service provider by providing a user license and credentials at no cost to the CITY. The service provider shall meet no fewer than monthly with the CITY Streets’ Division & the CITY Police Department to discuss service issues.

Complaints
The intent of this contract is to provide the highest level of street sweeping and related services available within the CITY. Complaints and inquiries from residential and business property owners in the CITY are paramount. The Division Manager, or his/her designee, will communicate all customer service requests to the service provider. The service provider shall respond to all inquiries and complaints on the same day they are received. It is the service provider's responsibility to communicate directly with the Division Manager, or his/her designee. The service provider shall follow up with customers and Division Manager, or his/her designee, with the resolution of any and all inquiries and complaints. Upon Division Manager, or his/her designee’s request, the service provider shall provide a written report for each customer service request/complaint. This Agreement is intended to mitigate complaints from CITY residents and businesses for the service provider's failure to perform under the terms of this Agreement.

Agreement No. 32500001 29 of 99
906
Damages
All damages incurred by the service provider on their own equipment or damage caused by the service provider to private property, CITY property, or public right-of-way shall be reported in writing to the Division Manager, or his/her designee, within 24 hours of the incident. The service provider’s sole responsibility is to repair any damage it causes. The CITY shall refer complaints regarding damage to private property caused by the service provider, to the service provider for resolution. Failure to notify the CITY within 24 hours of any incident is subject to cancellation of this Contract.

Invoicing
Monthly invoicing for parking lot and area sweeping services shall be billed upon the completion of each calendar month. Invoices shall be accompanied by reports as described in the Rates and Costs Exhibit. The service provider shall not bill any areas not swept.

Invoices shall be uniquely identified and billed separately by type of service: Residential, Commercial, Industrial, and all others.

Invoices for Parking Lot No. 64 shall be sent to:
 CITY of Oxnard – Facilities Maintenance Division
o Attention: Division Manager
o [email protected]
All other invoicing for sweeping work shall be sent to:
 CITY of Oxnard – Environmental Resources Division
o Attention: Division Manager
o [email protected]
Agreement No. 32500001 30 of 99
907

EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

SCHEDULE OF COMPENSATION

Contractor shall receive compensation for regular scheduled sweeping services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished installed, or constructed.

Street Sweeping Service
CITY of Oxnard Street Sweeping
Service
Rate per Curb
Mile
Total estimated Monthly
Curb Miles
Estimated Monthly
Fee
Residential/Restricted - (Bi- Weekly) $61.00 1,194 curb miles $72,834.00 Alleyway - (Monthly) $61.00 134 curb miles $8,174.00
Arterial - (Bi-Weekly) $61.00 618 curb miles $37,698.00 Downtown - (Weekly) $61.00 30.8 curb miles $2,067.20
Parking Lot - (Weekly) 33 parking lots $5,200.00
Parking Lot - (Monthly) 29 parking lots $4,000.00
Monthly Estimated Standard Service Fee $129,973.20
Parking Lot Sweeping Rates by Category:

Parking Lot
Frequency
Description Monthly
Fee
Weekly Sweep
Service
31 parking lots on a weekly sweeping schedule, (unit prices reflected in the table below) $5,200.00
Monthly Sweep
Service
41 parking lots on monthly sweeping schedule
(unit prices are reflected in the table below) $4,000.00 Agreement No. 32500001 31 of 99
908
Lot
No.

Location Site Description Address Frequency Cost per
sweep
LOT
#01
NE Corner of
Pacific Ave and E
Wooley Rd.

CITY Equipment Yard 1060 PACIFIC AVE Monthly $97.56
LOT
#02
Pacific Ave and E
Wooley Road,
through North
Gate
CITY Equipment Yard 1060 PACIFIC AVE Monthly $97.56
LOT
#04
Between 630 and
650 S A Street
Public Parking Lot
Between Church and
Billiards
Weekly $39.00
LOT
#05
Between 613 and
637 S Oxnard Blvd
Public Parking Lot
Between Dance Studio
and Restaurant
615 S OXNARD BL
and 629 S OXNARD BL
Weekly $39.00
LOT
#06
NE Corner of N C
Street and Palm
Drive
Wilson Senior Center 255 PALM DR,350 N C
ST
Monthly $97.56
LOT
#07
SE Corner of N C
Street and
alleyway
Wilson Senior Center 255 PALM DR,350 N C
ST
Monthly $97.56
LOT
#08
Del Sol
Park/Oxnard
Housing Authority
Multi-Service Center Monthly $97.56
LOT
#09
S G Street
Between W 7th
Street and W 9th
Street
Community Center
Park Street Side
Parking
Monthly $97.56
LOT
#10
W 9th Street
Between Hobson
Way & S G Street
Oxnard Performing
Arts Center South
Parking Lot
800 HOBSON WAY Monthly $97.56
LOT
#11
SE Comer of
Hobson Way and
W 7th Street
Oxnard Performing
Arts Center North
Parking Lot
800 HOBSON WAY Monthly $97.56
Agreement No. 32500001 32 of 99
909
LOT
#13
SW Corner of
Hobson Way and
W 7th Street
Baseball Field Parking
Lot
801 HOBSON WAY Monthly $97.56
LOT
#14
NW Corner of
Hobson Way and
W 9th Street
Tennis Courts Parking
Lot
801 HOBSON WAY Monthly $97.56
LOT
#15
Hill Street and
alleyway Between
Baseball Field and
Basketball Court
Durley Park West
Parking Lot
800,832,850,910,950

HILL ST
Monthly $97.56
LOT
#16
SW Comer of S G
Street and Hill
Street
Durley Park NE
Parking Lot
800,832,850,910,950

HILL ST
Monthly $97.56
LOT
#17
Comer of Sunset
Lane and
Mandalay Beach
Road
Oxnard State Beach
Parking Lot
Monthly $97.56
LOT
#18
Falkirk Avenue
Parallel to Harbor
Blvd
Oxnard Beach Park
North and South
Parking Lots
1601,1801 S

HARBOR BL
Monthly $97.56
LOT
#19
S Oxnard Blvd
Between 3rd
Street and W 4th
Street
South of Firestone
Mechanic Shop
Weekly $39.00
LOT
#20
S Oxnard Blvd
Between 3rd
Street and W 4th
Street
South of Lot No. 18 Weekly $39.00
LOT
#21
NW Corner of S
Oxnard Blvd and
E 4th Street
Next to Restaurant 357 S OXNARD BL Weekly $39.00
LOT
#22
Between 512 and
532 S Oxnard Blvd
Public Parking Lot
Between
Restaurant and
Pawn Shop
524 S OXNARD BL Weekly $39.00
LOT
#23
Between 626 and
660 S Oxnard Blvd
Public Parking Lots
Between Theatre and
Market
634, 638, 640, 644,
650, 654, 656 S

OXNARD BL
Weekly $39.00
Agreement No. 32500001 33 of 99
910
LOT
#24
NW Comer of S
Oxnard Blvd and
E 6th Street
Public Parking Lot
Next to Insurance
Business
559,563 S OXNARD BL Weekly $39.00
LOT
#25
541 Pacific Coast
Highway
Public Parking Lot
North of Beauty Salon
531 S OXNARD BL Weekly $39.00
LOT
#26
W 5th Street and
S Oxnard Blvd
Behind Insurance &
Clothing Businesses,
North of Lot #25
Weekly $39.00
LOT
#27
W 5t11 Street and
S Oxnard Blvd
Drug Store Parking
Lot (side and back)
Weekly $39.00
LOT
#28
479 Pacific Coast
Highway, SW
Corner of S Oxnard
Blvd and E 4th
Street
Public Parking Lot
North of Lot #27
403,421 S OXNARD BL Weekly $39.00
LOT
#29
NE Comer of S B
Street and W 6th
Street
Public Parking Lot
Next to Beauty Salon
Weekly $39.00
LOT
#30
NE Comer of S B
Street and W 6th
Street
Adjoined to Lot # 29 538 S B ST Weekly $39.00
LOT
#31
S B Street, W 5t
11 Street, S A
Street
Centennial Plaza
Street Side Parking
Weekly $39.00
LOT
#32
Between 305 and
321 W 6th Street
Public Parking Lot
Next to
Restaurant/Beauty
Salon Building
Weekly $39.00
LOT
#33
Between 338 and
320 W 5th Street
Public Parking Lot
Adjoined to Lot #32
on North Side
Weekly $39.00
LOT
#34
405 S B Street Public Parking Lots
North & South of
Carnegie Art Museum,
Between S B Street
and S C Street
302 W FOURTH ST Weekly $39.00
Agreement No. 32500001 34 of 99
911
LOT
#35
Between 426 W
5th Street and 509
SC Street
Public Parking Lot
Behind Restaurant
Weekly $39.00
LOT
#36
Between 310 and
326 SC Street
Public Parking Lot
Between Bakery and
Market
320 S C ST Weekly $39.00
LOT
#37
North of343 SB
Street
Public Parking Lot
North of Insurance
Business
Weekly $39.00
LOT
#38
South of 300 W
3ra Street Building
Public Parking Lot
Adjoined to Lot# 37
302 W THIRD ST Weekly $39.00
LOT
#39
W 4m Street
Between S B Street
and alleyway
Public Parking
Structure Bus Stop
Zone Along 4th Street
Weekly $39.00
LOT
#40
S B Street
Between W 3rd
Street and W 4th
Street
Public Parking
Structure Street Side
Parking Along B
Street
Weekly $39.00
LOT
#41
NW Corner of S C
Street and W
3rd Street
Police Department
Public Parking Lot
Weekly $39.00
LOT
#42
S D Street
Between W 2nd
Street and W 3rd
Street
Police
Department
Gated Parking Lot
200,208,210,260 S D
ST
Weekly $39.00
LOT
#43
SW Comer of S C
Street and W 2nd
Street
Police Department
Gated Parking Lot, NE
Quadrant Adjoined to
Lot# 42
201,211,221 S C ST Weekly $39.00
LOT
#44
W 2nd Street
Between S C
Street and SA
Street
Service Center/Fire
Administration
Parking Lot
Weekly $39.00
LOT
#44A
W 2nd Street
Between S C
Street and S A
Street
Downtown Main
Library Parking Lot
Adjoined to Lot #44
Weekly $39.00
Agreement No. 32500001 35 of 99
912
LOT
#63
Comer of Harbor
Boulevard and
Ocean Drive
Channel View Park
Public Parking Lot
Monthly $97.56
LOT
#64
SE Comer of West
3rd Street and SB
Street
Public Parking
Structure Across
Oxnard CITY Hall
324,326,328 S B ST
LOT
#65
201 E 4th Street Oxnard Transportation
Center
201 E FOURTH ST Monthly $97.56
LOT
#66
251 S Hayes A venue CITY of Oxnard Water
Division -North and
South Yard
251 S Hayes Ave Monthly $97.56
LOT
#67
SE Comer of S D
Street and W 3rd
Street
East of Santa Clara
Elementary School
310 S D ST Monthly $97.56
LOT
#68
SW Corner of Del
Norte Boulevard
and Sturgis Road
DelNorte Regional
Recycling and
Transfer Station
111 S DEL NORTE BL
LOT
#69
6001 Perkins
Road
Wastewater
Treatment Plant
6001 PERKINS RD Monthly $97.56
LOT
#70
East Garden City 5302 Cypress Rd Monthly $97.56
LOT
#71
Southside of
Johnson Creek
501 Johnson Rd 501 JOHNSON RD Monthly $97.56
LOT
#72
West Side of Beck 600 W Kamala St 600 W KAMALA ST Monthly $97.56 LOT
#73
Westside of Colonia 170 Juanita Ave 170 N JUANITA AVE Monthly $97.56 LOT
#74
Eastside of
Colonia
North Marquita St 170 N JUANITA
AVE,195 N
MARQUITA ST,224 N
JUANITA AVE,301 N

MARQUITA ST
Monthly $97.56
LOT
#75
Across from Library
on A St
A St Between W 2nd
and 3rd St
254 S A ST Monthly $97.56
LOT
#76
5th St and Oxnard
Blvd
5th St and Eastside of
Oxnard Blvd
Monthly $97.56
Agreement No. 32500001 36 of 99
913
LOT
#45
NW Comer of S B
Street and W
2nd Street
Public Parking Lot
Next to Tax Business
301 W SECOND ST Weekly $39.00
LOT
#47
S C Street
Between W 2nd
Street and W 3rd
Street
Service Center Street
Side Parking
Weekly $39.00
LOT
#48
Arnold Road
South of
Perimeter Road
Ormond Beach
Parking Lot
Monthly $97.56
LOT
#49
South End of
Perkins Road
Ormond Beach
Parking Lot
Monthly $97.56
LOT
#50
200 E Bard Road South Oxnard Center
Parking Lot (Senior
Center/Branch
Library)
4400 SAVIERS RD Monthly $97.56
LOT
#51
S Victoria Avenue
Between
Kiddie Beach Park
Public Parking Lot
4401 S VICTORIA AVE Monthly $97.56
LOT
#56
3333 Peninsula
Road
Peninsula Park Public
Parking Lot
3301 PENINSULA
RD
Monthly $97.56
LOT
#58
Cabezone Circle
Off Harbor
Boulevard
Marine Emporium
Landing Public
Parking Lot
Monthly $97.56
LOT
#59
Between
Cabezone Circle
and Barracuda
Way
Channel Islands
Marina Public Parking
Lot
Monthly $97.56
LOT
#60
Between
Barracuda Way
and Bluefin Circle
Channel Islands
Boating Center Public
Parking Lot
Monthly $97.56
LOT
#61
Bluefin Circle Off
Harbor
Boulevard
Channel Islands
Maritime Museum
Public Parking Lot
Monthly $97.56
LOT
#62
Between Bluefin
Circle and
Albacore Way
Channel Islands Yacht
Club Public Parking Lot
Monthly $97.56
Agreement No. 32500001 37 of 99
914
LOT
#77
Campus Dog Park Northwest Corner of
5th St and H St
937 W FIFTH ST Monthly $97.56
LOT
#78
Campus Basketball
Courts
Old High School
Parking Lot 350 S. K St
350 S K ST Monthly $97.56
LOT
#79
College Park
North West
Parking Lot
3250 S Rose Ave Monthly $97.56
LOT
#80
College Park
North East
Parking Lot
3250 S Rose Ave Monthly $97.56
LOT
#81
College Park South
Parking Lot
3250 S Rose Ave Monthly $97.56
Other Additional:

Description Frequency Monthly
Fee
Unit Cost
Downtown Parking Structure - Parking Lot Three times a week $440.00 Per Sweep Del Norte Facility - Parking Lot Once Daily (Monday
through Saturday
between 5:00 p.m. to
5:30 a.m.)
$4,875.00
Del Norte Boulevard from Sturgis Road
to Fifth Street and on Sturgis Road from
Del Norte Boulevard to Elevar Street Once Daily $4,875.00 Removal of 13.4 cubic yard roll-off
container (from arterials or other sites
exclusively by the VENDOR for
containment - strictly sweeping debris)
Fee per Pick-Up
$0 Per Pick Up
Hourly Rates for On-Call Service such as:
extra Sweeps, alleyway sweeping, special
sweeps, and emergency sweeps.

Regular Hourly Rate
(Monday to Friday -
7:00 a.m. to 5:00 p.m.) $220.00 Per Hour
Agreement No. 32500001 38 of 99
915
Hourly Rates for On
-Call Service such as:
extra Sweeps, alleyway sweeping, special
sweeps, and emergency sweeps.

After Hour/ Holiday /
Weekends $250.00 Per Hour
Agreement No. 32500001 39 of 99
916
Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER'S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23

EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

INSURANCE REQUIREMENTS
Agreement No. 32500001 40 of 99
917

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-D.doc
Agreement No. 32500001 41 of 99
918
SAMPLE

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000 PRODUCTS COMP/OP AGG. $1,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS GARAGE LIABILITY
COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITYSTATUTORY LIMITS EACH ACCIDENT $1,000,000 DISEASE-POLICY LIMIT $1,000,000 DISEASE-EACH EMPLOYEE $1,000,000

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER
CITY OF OXNARD c/o Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
Agreement No. 32500001 42 of 99
919
GENERAL LIABILITY SPECIAL ENDORSEMENT ENDORSEMENT NO.

SUBMIT IN DUPLICATE

ISSUE DATE (MM/DD/YY)
FOR THE CITY OF OXNARD (the "CITY")ty”)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARD c/o Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I____________________________(print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-D.doc
Agreement No. 32500001 43 of 99
920
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ENDORSEMENT NO.

SUBMIT IN DUPLICATE
ISSUE DATE (MM/DD/YY) FOR THE CITY OF OXNARD (the "City"ity”) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED'S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARD c/o Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-D.doc
Agreement No. 32500001 44 of 99
921

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500001 45 of 99
922

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500001 46 of 99
923

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the Agreement No. 32500001 47 of 99
924
information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.

SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of Agreement No. 32500001 48 of 99
925
the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

Agreement No. 32500001 49 of 99
926

EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): By
(Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Executed in the County of
Federal ID Number (or n/a):

Date Executed
in the State of
Agreement No. 32500001
50 of 99




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927

EXHIBIT G

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA OF CA, LLC)
______________________________________________________________________

PARKING LOT LOCATION MAPS

ON THE FOLLOWING PAGES
Agreement No. 32500001 51 of 99
928
W Wooley Rd
S Oxnard Blvd
W Fifth St
Pleasant Valley Rd
Patterson Rd
E Pleasant Valley Rd W Bard Rd
W Pleasant Valley Rd
S Ventura Rd
Teal Club Rd
S J St
W Hueneme Rd
W Hemlock St
S Rice Ave
S Patterson Rd
E Channel Islands Blvd
EvergreenLn
Saviers Rd
Santa Clara Ave W Vineyard Ave
Bard Rd
W Gonzales Rd
N Vineyard Ave
Doris Ave
E Wooley Rd
S Rose Ave
Ocean Dr
Island View Ave
N Ventura Rd
S Harbor Blvd
N Rice Ave
N H St
E Gonzales Rd N Rose Ave
S Victoria Ave
N Oxnard Blvd
RiverparkBlvd
E Fifth St
N
Patterson Rd
N Victoria Av
W Channel Islands Blvd
E BardRd
E Hueneme Rd
Leland St
N Rose Av
S H St
ForestPark Blvd
Olivas Park Central Av
Dr
Santa Clara Av
5Th St
N
VictoriaAve Victoria
Av
Hueneme Rd
Rose Av
Street Sweeping Parking Lots
Agreement No. 32500001
52 of 99
929
LOT #02
LOT #01

E WOOLEY RD

PACIFIC AVE
Lots 1 & 2
Agreement No. 32500001
53 of 99
930
LOT #04
LOT #22
LOT #23
LOT #24
LOT #25
LOT
#26
LOT #05

S OXNARD BLVD W SIXTH ST E SIXTH ST

E SEVENTH ST
S A ST

W SEVENTH ST
Lots 4, 5, 22-26
Agreement No. 32500001
54 of 99
931
LOT #06
LOT #07
N C ST

PALM DR

BEVERLY DR
Lot 6 & Lot 7
Agreement No. 32500001
55 of 99
932
LOT #08

COLONIA RD

PANAL CT

TERESA ST

FLORENTINA DR

CARMELITA CT

CAMINO DEL SOL

GLORIA CT
Lot 8
Agreement No. 32500001
56 of 99
933
LOT #11
LOT #12
LOT #10
LOT
#13
LOT #09

HOBSON WAY

W SEVENTH ST

NINTH ST
Lots 9-12
Agreement No. 32500001
57 of 99
934
LOT #13
S I ST

HOBSON WAY

W SEVENTH ST
Lot 13
Agreement No. 32500001
58 of 99
935
LOT #11
LOT #14

HOBSON WAY S J ST

NINTH ST
Lot 14
Agreement No. 32500001
59 of 99
936
LOT #15
LOT #16

HILL ST
S I ST
S H ST
S G ST

CEDAR CT
Lots 15 & 16
Agreement No. 32500001
60 of 99
937
LOT #17

CANNES SQ

ABALONE DR

BASS CT

MANDALAY BEACH RD

STARFISH DR
CANNES
SQ

SUNSET LN

VINA DEL MAR

OCEAN DR
Lot 17
Agreement No. 32500001
61 of 99
938
LOT #18N
LOT #18S

SAN TROPEZ CIR MAJORCA DR

FALKIRK AVE

S HARBOR BLVD

S HARBOR SERVICE BLVD
Lots 18N & 18S
Agreement No. 32500001
62 of 99
939
LOT #21
LOT #19
LOT #20

S OXNARD BLVD

W FOURTH ST E FOURTH ST
Lots 19-21
Agreement No. 32500001
63 of 99
940
LOT #21
LOT #26
LOT #27
LOT #28
LOT #76
LOT #76

W FIFTH ST

W FOURTH ST E FOURTH ST S OXNARD BLVD OXNARD TRANSPORTATION CENTER OXNARD TRANSPORTATION CENTER

E FIFTH ST
Lots 27-28 & 76
Agreement No. 32500001
64 of 99
941
LOT #32
LOT #33
LOT #29
LOT #30

W SIXTH ST
S B ST

W FIFTH ST
Lots 29-30, 32-33
Agreement No. 32500001
65 of 99
942
LOT #31
S A ST

W FIFTH ST
S B ST
Lot 31
Agreement No. 32500001
66 of 99
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LOT #34
LOT #34A LOT #31

W FOURTH ST
S C ST
S B ST
Lots 34 & 34A
Agreement No. 32500001
67 of 99
944
LOT #35

W FIFTH ST
S C ST
Lot 35
Agreement No. 32500001
68 of 99
945
LOT #37
LOT #38
LOT #36
S B ST

W THIRD ST
S C ST

W FOURTH ST
Lots 36-38
Agreement No. 32500001
69 of 99
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LOT #37
LOT #38
LOT #39
LOT
#40
LOT #64
S B ST

W FOURTH ST
Lot 37-40 & 64
Agreement No. 32500001
70 of 99
947
LOT #43
LOT #41
LOT #42
LOT
#47
S C ST

W THIRD ST

W SECOND ST
Lots 41-43 & 47
Agreement No. 32500001
71 of 99
948
LOT #44
LOT #44A
LOT #45

W THIRD ST

W SECOND ST S B ST
Lots 44, 44A, 45
X
Agreement No. 32500001
72 of 99
949
LOT #48

ARNOLD RD

PERIMETER (PVT) RD
Lot 48
Agreement No. 32500001
73 of 99
950
LOT #49

PERKINS RD

MCWANE BLVD
Lot 49
Agreement No. 32500001
74 of 99
951
LOT #50

SAVIERS RD

W BARD RD

E BARD RD
Lot 50
Agreement No. 32500001
75 of 99
952
LOT #51

ROOSEVELT BLVD

MELROSE DR

S VICTORIA AVE

LAKE SHORE CT

SUNSET DR

HOLLYWOOD BLVD

SANTA MONICA DR

SAN NICOLAS AVE
Lot 51
Agreement No. 32500001
76 of 99
953
LOT #56

PENINSULA RD
Lot 56
Agreement No. 32500001
77 of 99
954
LOT #59
LOT #58

SUNSET LN

S HARBOR BLVD

OCEAN DR

BARRACUDA WAY

CABEZONE WAY

LOS FELIZ ST
Lots 58-59
Agreement No. 32500001
78 of 99
955
LOT #62
LOT #60

LAS PALMAS ST S HARBOR BLVD
LOT #61

LOS ROBLES ST

BLUEFIN CIR

ALBACORE WAY

OCEAN DR

SUNSET LN
Lots 60-62
Agreement No. 32500001
79 of 99
956
LOT #63

OCEAN DR

SANTA CRUZ AVE

S HARBOR BLVD
Lot 63
Agreement No. 32500001
80 of 99
957
Agreement No. 32500001
81 of 99
958
LOT #65
LOT #66

E THIRD ST
OXNARD

TRANSPORTATION
CENTER

S HAYES AVE
Lot 66
Agreement No. 32500001
82 of 99
959
LOT #67
S D ST

W THIRD ST
Lot 67
Agreement No. 32500001
83 of 99
960
LOT #68
N DEL
NORTE
BLVD

STURGIS RD

S DEL NORTE BLVD
Lot 68
Agreement No. 32500001
84 of 99
961
LOT #69

PERKINS RDLIGHTHOUSE
WY

SEAWIND
WY

MAGELLAN AVE

LIGHTHOUSE
WY
Lot 69
Agreement No. 32500001
85 of 99
962
LOT #70

SQUIRES DR

EUGENE WALK
Lot 70
Agreement No. 32500001
86 of 99
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Agreement No. 32500001
87 of 99
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LOT #72

W KAMALA ST
S E ST Lot 72
Agreement No. 32500001
88 of 99
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LOT #73
LOT
#74

E FIRST ST

E FIRST ST

COOPER RD

SAN GORGONIO AVE

FELICIA CT

FELICIA CT

S JUANITA AVE

N MARQUITA ST

N JUANITA AVE

MARISCO PL
Lots 73-74
Agreement No. 32500001
89 of 99
966
LOT #75

W THIRD ST
S A ST

W THIRD SERVICE ST

S OXNARD BLVD
Lot 75
Agreement No. 32500001
90 of 99
967
LOT #77

W FIFTH ST

HOBSON WAY S H ST
Lot 77
Agreement No. 32500001
91 of 99
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LOT #78

W THIRD STS K ST
Lot 78
Agreement No. 32500001
92 of 99
969
LOT #79
S ROSE
AVE
Lot 79
Agreement No. 32500001
93 of 99
970
LOT #80
OFF
RAMP

S OXNARD BLVD

S OXNARD BLVD
Lot 80
Agreement No. 32500001
94 of 99
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LOT #81
GARY

DR S ROSE AVE
Lot 81
Agreement No. 32500001
95 of 99
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LOT #81
GARY

DR S ROSE AVE
Lot 81
96 of 99
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96 of 99
973

EXHIBIT H

TRADE SERVICES AGREEMENT
(CITY of Oxnard and SCA of CA, LLC)

STREET SWEEPING LOCATION MAPS

ON THE FOLLOWING PAGES
__________________________________________________________________________ Agreement No. 32500001 97 of 99
974
City of Oxnard
Geographic Information Systems
January 2020
The mapped data is created and designed by the City of Oxnard GIS Program, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map, and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 1,200 2,400 Feet
0 1 2 Miles
.

Data Sources: City of Oxnard GIS Department
County of Ventura GIS Department

STREET SWEEPING STREET SWEEPING
Sweep Category
Alleys (~ 140 miles)
Arterial / Industrial (~ 211 miles)
Downtown (~ 6.4 miles)
Highways, Ramps, Non-Oxnard Jurisdiction (~ 41 miles)
Median (TBD)
Private (~ 119 miles)
Residential (~ 557 miles)
98 of 99

CURBMILES CALCULATIONS
Agreement No. 32500001
98 of 99
975
City of Oxnard
Geographic Information Systems
January 2020
The mapped data is created and designed by the City of Oxnard GIS Program, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map, and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 1,200 2,400 Feet
0 1 2 Miles
.

Data Sources: City of Oxnard GIS Department
County of Ventura GIS Department

STREET SWEEPING STREET SWEEPING
Sweep Category - Median Streets Sections Only
Arterial / Industrial (~ 98 miles)
Downtown (~ 1.3 miles)
Highways, Ramps, Non-Oxnard Jurisdiction (~ 2.5 miles)
Private (~ 6.5 miles)
Residential (~ 30.3 miles)

CURBMILES CALCULATIONS (MEDIANS ONLY)
Agreement No. 32500001
99 of 99
976
Trade Services Agreement 32500001 with
SCA of CA, LLC for Citywide Street
Sweeping Services
Public Works and Transportation Committee
April 23, 2024
City Council
May 21, 2024
Brian Yanez
Assistant Public Works Director
977

RECOMMENDATION
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with SCA of CA, LLC for a one-year term ending June 30, 2025, with an option to extend for four additional one-year terms for a final expiration of June 30, 2029, for up to a five-year agreement with a not to exceed amount of $10,250,000 for citywide street sweeping services, alleyways, parking lots, parking structures and city facilities. 2 978

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with SCA of CA, LLC for a one-year term ending June 30, 2025, with an option to extend for four additional one-year terms for a final expiration of June 30, 2029, for up to a five-year agreement with a not to exceed amount of $10,250,000 for citywide street sweeping services, alleyways, parking lots, parking structures and city facilities.
3 979

BACKGROUND
• The City of Oxnard outsources all sweeping services:
• Citywide streets
• Alleyways
• Parking lots
• City facilities
• Regular sweeping required under City’s National Pollutant Discharge Elimination System (NPDES) permit issued by State Water Resources Board
• Sweeping days are generally the next business day after the refuse collection schedule
4 980

BACKGROUND
• August 2022, Assembly Bill 1886 (AB 1886) expanded the definition of "public works" to include street sweeping, as defined, maintenance performed for the routine cleaning of any publicly owned or publicly operated street
• The State’s Department of Industrial Relations (DIR) published the current rate of $91.25 per hour on July 1, 2023, set to increase by $4.00 per hour to $95.25 on July 1, 2024
• Prior to AB 1886, the average wage for a street sweeper operator ranged between $25.00-$35.00
5 981

BACKGROUND
Table below provides a history of vendor names, dates of service, and curb mile costs over the past 10 years:
*SCA acquired ownership of Venco in June 2022
6 982

DISCUSSION
• On December 28, 2023, the City’s Purchasing Division conducted formal solicitation for citywide sweeping services (Bid Number PW24-72), with proposal due by January 31, 2024.
• Bid information posted on City’s website and
www.publicpurchase.com
• City received two (2) bid responses prior to the deadline and SCA of CA, LLC, was determined to be the lowest most
responsive bidder.
• The contract will comply with all prevailing wage provisions made by the Department of Industrial Relations (DIR)
7 983

DISCUSSION
Approximately 21,256 curb miles are swept annually
Sweeping prevents trash, plant debris and sediment from entering the City’s storm drain system
8 CITY of Oxnard
Street Sweeping
Agreement
Annual
Number
of
Sweeps
Total
Curb
Miles
Per
Sweep
Total
Curb
Miles
Per
Month
Total
Annual
Curb
Miles
Residential/Restricted
Bi-Weekly 24 590 1,180 ~ 14,160
Less: No
Residential/Restricted
Sweeping (Holiday
Weeks)
10 Holiday Weeks (295) (2,950)
Alleyways: Monthly 15 146 146 ~ 2190
Arterial - Bi-Weekly 24 310 620 7,440
Downtown - Weekly 52 8 32 416
Total Annual Curb
Miles ~ 21,256
984

DISCUSSION
9 • Residential/Restricted Streets: Swept twice a month; will take place within areas designated by established routes;
• Arterial Streets: Approximately 620 curb miles; swept twice a month; must adhere to sweeping schedule;
• Alleyways: Approximately 146 crub miles; swept once a month; 985

DISCUSSION
10 • Downtown: Consists of downtown area and approximately 8 curb miles;
• Medians: Scheduled weekly on Tuesdays, except for City observed holidays;
• Parking Enforcement: In designated areas with proper signage, collaborates with Oxnard PD and staff.
986

DISCUSSION
11 • SCA of CA, LLC, will provide the following:
• Regular citywide sweeping
• Response to on-call emergency sweeping needs
• Sweeping re-mapping and re-routing
• City does not pay SCA for days sweeping is interrupted (rain, natural disasters, health emergencies, etc.)
• SCA meets all City-required contractual provisions
987

FINANCIAL IMPACT
• Cost for this Contract is not to exceed $10,250,000 through June 30, 2029
• Significant increase in cost to this contract is due in large part from prevailing wage requirements as approved through AB1886 12 988
QUESTIONS?
989

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5
DATE: May 21, 2024
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Declaration of three parcels in Downtown Heritage Square as Surplus Land. (10 minutes)

RECOMMENDATION
That the City Council adopt a resolution:

1. Declaring the following as surplus property and no longer necessary for the City’s use:
a. 731 South A Street (Heritage Square Hall, “Chapel”); b. 715 South A Street (Perkins Pump House, “Visitor’s Center”); and c. 720 South B Street (Maulhardt Storehouse, “Winery”).

2. Finding that the adoption of the resolution does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060 (c), (2) (3);15061 (b) (3);15064 (d) (3); 15378 (a)). (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/fflcRcAvJwE

BACKGROUND
Executive Summary
The City owns three structures within Heritage Square in downtown Oxnard. The structures suffer from deferred maintenance and lack of active management, leaving them ripe for private investment and activation that would benefit the overall downtown. In order to sell any City owned property, or even enter into a long term lease for a city owned property, the first step is the City Council declaring the sites “surplus”, meaning they are not necessary for agency use. The Surplus Land Act defines a surplus land and a formal process for the notice of available surplus lands, negotiation steps, and eventual disposition of land.

BACKGROUND
The concept for Heritage Square began in 1985. The mission was to recognize and memorialize the contributions of founding farm families by relocating their historic homes built between 1876 and 1912, which were then scattered throughout Oxnard, to one block in the downtown and restore them to their original grandeur. This concept grew to include a total of twelve period structures plus three accessory buildings. The concept was to use most of the structures for retail, office, and restaurant uses while Heritage Square Hall (“Chapel”) was envisioned as the central community space and a key facility to host weddings and events.

The Heritage Square project, completed in 1991, is made up of fifteen buildings (Attachment 1). For the initial development, the Community Development Commission (CDC) of the City of Oxnard invested over $1,300,000 to create 990
a three-acre plaza with two intimate courtyards, turn-of-the-century landscaping, fountains, and other amenities to create this unique attraction in Oxnard’s downtown.

The initial concept involved having the CDC cover the costs of bringing in three historic homes and the private parties covering the costs to bring in additional structures. Due to a recession the CDC incurred the expense to relocate and set twelve structures. (Attachment 1).

Current Use of City-Owned Buildings
The City currently owns three buildings at Heritage Square. Upon the dissolution of the CDC, the City acquired the Chapel and the Perkins Pump House (“Visitor’s Center”) in September 2012 via governmental transfer, while the Maulhardt Storehouse (“Winery”) was purchased by the City from the former CDC in May 2018 for $75,000. The City continues to own these three properties at Heritage Square.

The Heritage Square Property Owners Association (HSPOA), of which the City is a member and holds a seat on the board, owns, manages, and maintains the common areas of Heritage Square. The HSPOA elects a board of directors annually.

Each property owner is required to contribute to the HSPOA on a pro-rata basis according to the square footage of each property. The assessments for the City’s three buildings total $11,677.56 annually. In addition, the City must contribute to the Downtown Oxnard Improvement Associate (DOIA), which is approximately $2,075 annually, as well as pay for the utilities. Lastly, the City must fund the maintenance of the buildings (discussed later in the report).

In April of 2023, the City entered into an agreement with HSPOA for the use of the City’s three buildings. There are no fees paid from the HSPOA to the City for the use of the City’s three buildings. This agreement requires the HSPOA incur the HOA costs ($11,677.56 annually). During the 2023 calendar year, 117 events were held in addition to fifty-two public tours, serving 17,268 people resulting in $40,521 of rental income for the HSPOA in 2023. In addition, according to Elisa Glickman, a local arts and economics consultant under contract with HSPOA estimates an economic impact of $276,288.

1. Heritage Square Hall (“Chapel”) is located at 731 South A Street. The Chapel serves as the central community space, a key facility to host public and private events, and the only public restroom to support events within Heritage Square. It is also designated as Ventura County Historical Landmark No.70. The site produces rental revenue associated with churches renting the space for weekly services and programs, meeting spaces, wedding ceremonies, and using the two public restrooms serving events in the larger community square. Often, this building is used in conjunction with the common space directly outside of the Chapel.

2. Perkins Pump House (“Visitor’s Center”) is located at 715 South A Street. Beginning in 1991, the space was utilized by City staff to facilitate public programming of the Square, primarily being used as the location to meet with prospective clients. Currently, the building primarily serves the needs of the Friends of Heritage Square (Friends), a volunteer organization that was established in 1993. The Friends provide regular tours of the Square and host educational and tourism-related programs serving the larger community. Currently, it provides the Friends with office space, a place to meet tour groups, and serves as their gift shop. This property is covered by the City’s Agreement with the HSPOA, and per the Agreement no direct rent is required for the use of this building.

3. Maulhardt Storehouse (“Winery”) is located at 720 South B Street. This building was envisioned as a potential flower shop, coffee shop, or small retail establishment. The six hundred-square-foot building is currently utilized as storage and event staging under the City’s Agreement with HSPOA, and per the Agreement no direct rent is required for its use.

Needed Maintenance and Repairs of City Buildings
The City deferred maintenance of the properties after the 2012 State-wide dissolution of redevelopment agencies.

Unfortunately, funding was not set aside to cover the cost of upkeep, maintenance, and repair for the buildings. With no specific funding set aside for the repairs and maintenance, over the years, the buildings owned by the City have aged, and maintenance and repair projects have accumulated.

The City’s buildings were in such disrepair that in 2022, the HSPOA board of directors began levying fines on the City for the condition of its buildings. Per a Hearing Notice dated June 21, 2022, the board of directors stated, “The degree of 991
disrepair is now very dangerous. Flooding, stairs, and railings are falling apart and pose a grave danger to anyone that might attempt to use them.” The board of directors voted to levy fines of up to $100 per month per building against the City until the buildings are brought up to the standards set forth in the HSPOA bylaws.

Beginning in April 2022 and concluding in May 2023, Public Works staff completed critical safety repairs, including installing a new pump to address flooding near the Winery, repairing railings on stairs, installing a new HVAC system in the Chapel and repairing a fire line leak near the Chapel.

In addition to the repairs already completed, in preparation for making a Council request for American Rescue Plan Act (ARPA) funding in 2021 year, City staff did a thorough review of the City-owned buildings and identified over $800,000 in repairs and upgrades needed, including:

1. Replacing the roof at the Chapeland Visitor’s Center

2. Replacing and glazing windows in the Chapel

3. Interior and exterior painting of all buildings

4. Upgrading the ramp at the Winery to make it ADA accessible

5. Upgrading sinks in the Chapel restrooms to current ADA standards

6. Building repairs to the Chapel exterior due to dry rot and water damage In March 2022, the Council approved $1,000,000 in ARPA funding for the repairs to the buildings. However, as of today, those repairs have not moved forward. This is due to competing city facility needs and the contemplation of the subject action to declare these properties surplus and return them to the private market.

DECLARATION OF SURPLUS LAND
The Surplus Land Act (“The Law”) defines surplus land as land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use.

The Law requires that any land "not necessary for the agency's use" be declared surplus prior to disposition of the land, inclusive of long term leases. "Agency's use" is defined in the Law as land that is used or planned to be used for the agency's work or operations. As defined in The Law, "agency use" expressly excludes commercial or industrial uses, such as non-government retail, entertainment, or office development. If an agency disposes of land to finance such a project or activity, that disposition must go through the surplus land process under The Law. Attachment 3 includes an overview of the steps involved in the Surplus Land Process.

Staff proposes to declare surplus three City-owned properties at Heritage Square, which include the Chapel located at 731 South A Street; the Visitor’s Center located at 715 South A Street; and the Winery located at 720 South B Street (Attachment 1).

Upon the City Council’s determination that the subject property is surplus land, staff would follow the procedures set forth in Government Code § 54220 et seq. Those procedures require the City to offer the surplus land to certain public entities and prospective Housing Sponsors and enter into good faith negotiations with any interested parties that respond to the notice within the established time frame(s). If negotiations are successful, Staff will return to the City Council to request authorization to execute a negotiated disposition agreement with an interested party and submit required documentation to HCD.

The needed repairs can greatly affect the value of the structures. There was discussion about investing the ARPA funding in the buildings and then declaring the sites surplus, intending to get higher sales prices, or simply utilizing the ARPA funds for other city needs and selling the buildings “As Is.” Ultimately, the staff recommendation is to sell the sites “As Is” after going through the Surplus Land Act process.

DOWNTOWN ZONING ORDINANCE
The properties are located within the downtown area of the City of Oxnard and are zoned Downtown General. Downtown General is “characterized by a mix of non-residential ground floor frontages with shopfronts and residential ground floors set back behind pedestrian-oriented frontages and resident/visitor access via dooryards, stoops, and spacious lobbies.” Some of the eligible uses within the Downtown General area are:
992

1. Residential including:
a. Assisted Living
b. Multi Family Dwellings
c. Live Work

2. Commercial Gardens and Greenhouses

3. Farmers Market

4. Recreation, Resources Preservation, Open Space, and Public Assembly, including:
a. Community Assembly
b. Daycare (family, child, adult)
c. Institution (includes school)
d. Public Open Space
e. Recreation or Commercial

5. Retail, Service, and Office

6. Public Parking Lot

ENVIRONMENTAL ANALYSIS
The proposed action will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§15060(c), (2)(3); 15061(b)(3); 15064(d)(3); 15378(a).)

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

FINANCIAL IMPACT
Currently, the City incurs Heritage Square association costs ($2,073.64 annually), as well as property-based improvement district assessment costs totaling $11,677.56 annually. The association fees are currently covered by the HSPOA per the Agreement. In addition, the deferred repair costs associated with the three buildings are estimated between $800,000 - $1,000,000.

There are no immediate financial impacts relative to the recommended Surplus action. Some minimal direct costs will be incurred due to notices that must be mailed to the State, other agencies, and registered developers notifying them of the City Council’s surplus property list. The City of Oxnard will be responsible for paying these and any related costs. The following account: IO 1-4101-804-8209, will be used to pay for these expenditures. Staff may return to the City Council to seek authorization for additional expenditures associated with any future negotiations and disposition agreements with interested parties that may follow after the initial sixty-day notice period.

If Council approves the Surplus action and the properties are sold, then the net proceeds from the sale of the Chapel and Visitor’s Center will be transferred to the Ventura County Auditor-Controller for distribution to the relevant taxing entities in the County due to the properties’ connection to the CDC and redevelopment and because these two properties were transferred from the Successor Agency to the City for continued governmental use. As a taxing entity, the City’s General Fund will receive a portion of the sale proceeds. The General Fund would be the sole beneficiary of the sale of the Winery.

COMMITTEE OUTCOME
This item did not originate in Committee.
993
Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Resolution

2. Heritage Square Properties

3. Surplus Land Process Summary

4. Presentation
994

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD DECLARING

CERTAIN CITY-OWNED REAL PROPERTIES TO BE SURPLUS PURSUANT TO THE

SURPLUS LAND ACT
WHEREAS, the Surplus Property Land Act, Government Code Section 54220, et seq., defines surplus property as land owned by any local agency that is not necessary for the agency’s use; and WHEREAS, staff has completed a review of City-owned property and has identified certain sites that may not be necessary for the City’s use as defined in state law; and WHEREAS, the passage of this resolution will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment; this action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c), (2) (3);15061(b) (3);15064(d) (3); 15378(a)).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:

SECTION 1. Those three certain City-owned properties, and any rights, title, and interest therein, listed below are declared surplus pursuant to Government Code Section 54220 et seq. a) Heritage Square Hall (“The Chapel”) is located at 731 South A Street; b) Perkins Pump House (“The Visitor’s Center”) is located at 715 South A Street; and c) Maulhardt Storehouse (“The Winery”) is located at 720 South B Street SECTION 2. The City Manager or designee is authorized to prepare and send all notices required by state law related to the declaration of the above-identified surplus property including, without limitation, notices of availability of the surplus property as provided for by state law.

SECTION 3. The City Manager or designee is authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution. Such actions include, but are not limited to, negotiating in good faith in accordance with the requirements of the Surplus Land Act.

SECTION 4. The passage of this resolution will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment; this action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c), (2)(3); 15061(b)(3); 15064(d)(3); 15378(a)).

PASSED, APPROVED AND ADOPTED this ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John C. Zaragoza, Mayor
ATTEST:
995
Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen Fischer, City Attorney
996

HERITAGE SQUARE PROPERTIES

1. Snively / Ruggles House
o 230 West Seventh Street
o Private Owner

2. Pfeiler House
o 220 West Seventh Street
o Private owner

3. Petre House
o 210 West Seventh Street
o Private owner

4. Connely House
o 200 West Seventh Street

5. Patterson / Hartveld House
o 710 South B Street
o Brought in by the CDC
o Sold in 1989 to a private party

6. Pfeiler Water Tower
o Constructed by the CDC
o HSPOA is current Owner

7. Perkins Pump House (“Visitor’s Center)
o 715 South A Street
o Transferred from the CDC to the City
in September 2012

8. Gordon House
o 711 South A Street
o Brought in by the CDC. Sold in 1999
to a private party

9. Perkins Home
o 721 South A Street
o County Historical Landmark No. 145

10. Petit House
o 730 South B Street
o Reverted to the CDC in 2001
o CDC sold to a private party in August
2003
o County Historical Landmark No 100

11. Maulhardt Storehouse (“Winery”. This is
a replica of a building)
o 720 South B Street
o Built on site
o Due to the dissolution of
redevelopment, this was built by the
City from the Successor Agency to
the CDC (Successor Agency) for
$75,000

12. McGrath House
o 740 South B Street
o Reverted to the CDC in 2001 and sold
by the Successor Agency to a private
party in 2018 for $475,000

13. Heritage Square Hall (“Chapel”)
o 731 South A Street
o Brought in by the CDC
o Transferred from the CDC to the City
in September 2012
o County Historical Landmark No. 70

14. Scarlett House
o 741 South A Street
o Brought in by the CDC. Sold in 1995
to a private party

15. Fry House
o 750 South B Street
o Brought in by the CDC. Sold in 1993
to a private party
997
730 S B ST
721 S A ST
710 S B ST
740 S B ST 731 S A ST
711 S A ST
750 S B ST 741 S A ST
220 W

SEVENTH
ST
210 W

SEVENTH
ST
230 W

SEVENTH
ST
200 W

SEVENTH
ST
810 S A ST
720 S
B ST
715 S A ST
S
A
S
T
S
B
S
T

EIGHTH ST

W SEVENTH ST
2,372
Sq. Ft. 3,907
Sq. Ft.
3,150
Sq. Ft.
2,295
Sq. Ft.
2,263
Sq. Ft.
2,775
Sq. Ft.
5,560
Sq. Ft.
6,600
Sq. Ft.
5,600
Sq. Ft.
2,435
Sq. Ft.
1,627
Sq. Ft.
1,933
Sq. Ft.
0 12.525 50 75 100
Feet
Heritage Square
Ruggles House
Hartveld House
Petit House
Water Tower
Pump House
Perkins House
Gordon
House
Winery
Mcgrath
House
Fry House Scarlett House
Heritage Square
Hall
Pfeiler House Petre House Connely House
Heritage Square
February 9,2010
Oxnard Community
Development
998

SURPLUS LAND PROCESS SUMMARY
Notice of Availability
The Local Agencies must undergo the following two-part process for all properties that have been declared surplus. First, the Local Agencies will contact the California Department of Housing and Community Development (HCD) to obtain a list of all Housing Sponsors who have expressed an interest to HCD in developing affordable housing. Housing sponsors, as defined by Health and Safety Code section 50074, are those developers that have completed the California Housing and Finance Agency's (CALHFA) Self Certification as a Housing Sponsor form. The Local Agencies would then need to prepare and send a notice of availability for the relevant "surplus land" to the Housing Sponsors on HCD's list, other public agencies (as defined in Health and Safety Code 50079), and HCD prior to any solicitation or negotiation with other developers or interested parties.

As part of the proposed action, staff seeks authorization for the City Manager or designee to send written notices of availability to appropriate public agencies and prospective Housing Sponsors and enter into good faith negotiations with any interested parties that respond to the notice within the established time frame. Recipients of the notice will have sixty days to indicate their interest in the purchase of the surplus land. If a recipient timely expresses interest in the purchase, the subject Local Agency must enter into good faith negotiations for a period of not less than ninety days. Although the City is prohibited from negotiating certain terms (such as preventing residential use, reducing density, or imposing design requirements making affordable housing not viable), the City would not be required to approve any discretionary entitlements. The Local Agencies are also not required to sell the land to the interested party. If more than one of the entities expresses an interest, then priority must go to the project with the most affordability. If terms are not agreed upon between the interested party and the Local Agency within this ninety-day period of good faith negotiations, the Local Agency may negotiate with any other developers or interested parties for the disposition of the surplus land. Staff will return to the City Council to request authorization to execute a negotiated disposition agreement with an interested party and submit required documentation to HCD, as described later in this report, prior to the disposition of a surplus site.

The Law expresses a preference for residential uses and particularly affordable housing. With certain exceptions, the Local Agencies cannot disallow a residential site as a condition of disposal of property. Additionally, if the surplus property is sold to an entity intending to develop ten or more residential units, at least fifteen percent of the property must be restricted as affordable units.

No consideration is made in the Law regarding the existing general plan or zoning limits, nor does the Law supersede local land use control.

Notice to HCD
Prior to any disposition of property, the Local Agencies are required to submit to HCD a form describing the actions taken, including sending notices of availability and any negotiations conducted. If the private project includes ten or more housing units, then affordable housing restrictions must also be submitted for review. HCD should respond to the Local Agencies within thirty days of receiving the notice. During this period, HCD will inform the Local Agencies of any perceived failure to comply with the surplus land process. If HCD does not respond within thirty days, then the Local Agencies would be deemed to comply.

Remedial Action
999
If HCD informs the Local Agencies of any perceived failure to comply with the surplus land process, then the Local Agencies must resolve the issue. If the Local Agencies dispose of property in violation of the Law, then it will be required to pay as a penalty thirty percent of the sales price into an affordable housing fund and rising to fifty percent for every subsequent violation.

Disposal of Property
Finally, the Local Agencies may dispose of the property to the entity per the negotiated agreement.

Annual Report
The Law requires the City to report on the list of surplus lands annually, which is due April 1 of each year.
1000
Declaration of three parcels in
Downtown Heritage Square as Surplus
Land
Emilio Ramirez
Housing Director
City Council
1001
HERITAGE SQUARE 2
1002
CITY OWNED PROPERTIES 3
Pump House Chapel
Winery
1003
SUMMARY 4

1. The City owns three structures at Heritage Square

2. The structures suffer from deferred maintenance and lack of active management, leaving them ripe for private investment and activation that would benefit the overall downtown

3. In order to sell or lease any City owned property the first step is the City Council declaring the sites “surplus”, meaning they are not necessary for agency use

4. The Surplus Land Act defines a surplus land and a formal process for the notice of available surplus lands, negotiation steps, and eventual disposition of land
1004
SUBJECT PROPERTIES 5

1. Heritage Square Hall (“Chapel”) is located at 731 South A Street

2. Perkins Pump House (“Visitor’s Center”) is located at 715 South A Street

3. Maulhardt Storehouse (“Winery”) is located at 720 South B Street

4. All three properties are in need of improvements

5. Annual association fees are $11,677,56 and DOIA PBID fees are $2,073.64

6. City agreed with HSPOA to use City’s three buildings in April 2023

7. Agreement requires the HSPOA to pay utility expenses and incur the HOA costs

8. During the 2023 calendar year, 117 events were held in addition to 52 public tours, serving 17,268 people resulting in $40,521 of rental income for the HSPOA in 2023

9. Created an estimated $276,288 economic impact.
1005
NEEDED REPAIRS 6

1. City deferred maintenance of properties after dissolution of redevelopment

2. Funding was not set aside to cover the cost of continuing maintenance

3. City buildings have aged, and maintenance and repair costs have grown

4. HSPOA board of directors began to fine the City due to property conditions

5. The board of directors stated, “The degree of disrepair is now very dangerous. Flooding, stairs, and railings are falling apart and pose a grave danger to anyone that might attempt to use them.”

6. In 2023 Public Works staff completed critical safety repairs, including installing a new pump to address flooding near the Winery, repairing railings on stairs, installing a new HVAC system in the Chapel and repairing a fire line leak near the Chapel
1006
NEEDED REPAIRS 7
In addition to the repairs already completed, in preparation for making a Council request for American Rescue Plan Act (ARPA) funding in 2021 year, City staff did a thorough review of the City-owned buildings and identified over $800,000 in repairs and upgrades needed, including:

1. Replacing the roof at the Chapel and Visitor’s Center

2. Replacing and glazing windows in the Chapel

3. Interior and exterior painting of all buildings

4. Upgrading the ramp at the Winery to make it ADA accessible

5. Upgrading sinks in the Chapel restrooms to current ADA standards

6. Building repairs to the Chapel exterior due to dry rot and water damage

7. In March 2022, the Council approved $1,000,000 in ARPA funding for the repairs to the buildings but the repairs have not moved forward 1007
DECLARATION OF SURPLUS LAND 8

1. The Surplus Land Act defines surplus land as land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use

2. The Law requires that any land "not necessary for the agency's use" be declared surplus prior to disposition of the land

3. "Agency's use" is defined As land that is used or planned to be used for the agency's work or operations

4. “Agency use" expressly excludes commercial or industrial uses, such as nongovernment retail, entertainment, or office development

5. If an agency disposes of land to finance such a project or activity, that disposition must go through the surplus land process defined by the Surplus Land Act
1008
DECLARATION OF SURPLUS LAND 9

1. Staff proposes to declare surplus three City-owned properties at Heritage Square

2. Upon the City Council’s determination that the properties are surplus lands, staff would follow the procedures set forth in Government Code § 54220

3. City must offer the surplus land to public entities and prospective Housing Sponsors and enter into good faith negotiations with any interested parties that respond to the notice within the established time frame

4. If negotiations are successful, Staff will return to the City Council to request authorization to execute a negotiated disposition agreement with an interested party and submit required documentation to the State

5. The needed repairs can greatly affect the value of the structures

6. Staff recommends selling the sites “As Is” after the Surplus Land Act process 1009
DOWNTOWN ZONING 10

1. The properties are located within the downtown area of the City of Oxnard and are zoned Downtown General

2. Downtown General is characterized by a mix of non-residential ground floor frontages with shopfronts and residential ground floors set back behind pedestrian-oriented frontages and access via dooryards, stoops, and spacious lobbies

3. Eligible uses include
a) Residential
b) Commercial Gardens and Greenhouses
c) Farmers Market
d) Recreation, Resources Preservation, Open Space, and Public Assembly e) Retail, Service, and Office
f) Public Parking Lot
1010
FINANCIAL IMPACT 11

1. City incurs annual association fees of $11,677.56, paid by the HSPOA

2. City incurs annual DOIA assessment costs totaling $2,073.64 annually

3. Aggregate deferred repair costs could be as much as $800,000 - $1,000,000

4. No immediate financial impacts relative to the recommended Surplus action

5. Minimal direct costs will be incurred by notifying potential buyers

6. If Council approves the Surplus action and the properties are sold, then the net proceeds from the sale of the Chapel and Visitor’s Center will be transferred to the Ventura County Auditor-Controller for distribution to the relevant taxing entities in the County

7. As a taxing entity, the City’s General Fund will receive a portion of the sale proceeds

8. The General Fund would be the sole beneficiary of the sale of the Winery 1011
RECOMMENDATIONS 12
That the City Council adopt a resolution:

1. Declaring the following as surplus property and no longer necessary for the City’s use:
a) 731 South A Street (Heritage Square Hall, “Chapel”); b) 715 South A Street (Perkins Pump House, “Visitor’s Center”); and c) 720 South B Street (Maulhardt Storehouse, “Winery”).

2. Finding that the adoption of the resolution does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060 (c), (2) (3);15061 (b) (3);15064 (d) (3); 15378 (a)).
1012

END OF PRESENTATION
1013

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.6
DATE: May 21, 2024
TO: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Certificates of Sufficiency of Signatures for Three Initiative Petitions.

RECOMMENDATION
That the City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark), receive and file the certificates of sufficiency for the following three initiatives:

1. “Repeal of Community Facilities No. 5 (RiverPark) Special Taxes”;

2. “Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)”; and

3. “Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)".

BACKGROUND
The City Clerk has received Notices of Intent to Circulate Petition for three initiative petitions from the proponents, who provided proof that the ballot titles and summaries provided by the City Attorney’s Office were published on April 11, 2024 as required by Elections Code Sections 9205.

The proponents delivered the completed petitions to the City Clerk’s office on April 24, 2024, which were then forwarded to the Ventura County Elections Division for signature verification. The Ventura County Elections Division performed a review of the signatures submitted by the proponents.

On May 9, 2024, the Elections Division finalized its count of the signatures and provided signature verification certificates for the three initiatives. The three initiatives outlined above met the requirements for sufficient signatures, and the City Clerk prepared the attached Certificates of Sufficiency that indicate that the required number of valid signatures has been submitted in favor of the proposed initiatives. On another agenda item on tonight’s agenda, the City Council will consider whether to adopt the ordinances proposed by the three initiative measures, submit the ordinances proposed by the initiative measures to the voters, or order a report regarding the impacts of the proposed initiative measures. (Election Code Section 9215.)

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The financial impact of this item is unknown at this time.

COMMITTEE OUTCOME
1014
This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. City Clerk Certificates of Sufficiency Initiative Petition Signatures_CFD 5 Measures

2. County Certificates of Sufficiency_ CFD5 Measures
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1016
1017
1018
1019
1020
1021

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.7
DATE: May 21, 2024
TO: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Consideration of Action on Certified Initiative Measures Titled:

1. "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;"

2. "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and

3. "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)."

RECOMMENDATION
That the City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) of the City of Oxnard:

1. For each initiative certified to date as sufficient by the City Clerk, either:
a) adopt the ordinance
b) call an election, or
c) order a report pursuant to Elections Code Section 9212; and

2. If calling the election, adopt resolution(s) ordering consolidation with the November 5, 2024 statewide election and requesting the County Clerk conduct the election and authorize the Board of Supervisors to canvass the returns.

BACKGROUND
The City Clerk has certified as sufficient the petitions for the three initiatives listed in the subject of this report. Pursuant to Elections Code Section 9215, if an initiative petition is signed by a sufficient percentage of voters within Community Facilities District No. 5, then the governing body shall take one of the following actions:

1. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented;

2. Submit the ordinance, without alteration, to the voters pursuant to Section 1405; or

3. Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented.

When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to Section 1405.

The report the Council may order pursuant to Section 9212 ("9212 Report") is to address impacts or effects of the initiative, including fiscal impacts and "any other matters the requests to be in the report." Section 9212(a)( 8). The 9212 Report must be prepared within the time set by the Council, "but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition." Section 9212(b).

If Council opts to place any ordinances on the ballot, the corresponding resolution(s) must be adopted to call the election and request the measures' consolidation with the statewide general election to be held November 5, 2024. 1022
As additional background, this agenda report includes the ballot titles and summaries that were provided to the individuals asked to sign these petitions.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The financial impact of this item is unknown at this time

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Resolution Calling Election (CFD5) _ Repeal measure_

2. Exhibit A_ Request for Specified Election Services Ballot Measures

3. Exhibit B_ Ordinance Repeal of CDF 5 Special Taxes

4. Resolution Calling Election (CFD5) _ Reduction of max tax measure_

5. Exhibit A_ Request for Specified Election Services Ballot Measures

6. Exhibit B_ Ordinance Reduction of Maximum Special Taxes for CFD 5

7. Resolution Calling Election (CFD5) _ Limitations on Uses measure_

8. Exhibit A_ Request for Specified Election Services Ballot Measures

9. Exhibit B_ Ordinance Limitations on Uses of Special Taxes for CFD 5

10. Ballot Title_Summary Repeal of CFD 5 Special Taxes

11. Ballot Title_ Summary Reduction of the Maximum Special Taxes Within CFD 5

12. Ballot Title_Summary Limitations on Uses of Special Taxes for CFD 5 1023
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK) OF THE CITY OF OXNARD ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE ENTITLED “REPEAL OF COMMUNITY
FACILITIES DISTRICT NO. 5 (RIVERPARK) SPECIAL TAXES”,

REQUESTING THE COUNTY CLERK TO CONDUCT THE ELECTION,

AND AUTHORIZING THE BOARD OF SUPERVISORS TO CANVASS THE

RETURNS
WHEREAS, the proponents of an initiative measure submitted to the City Clerk of the City of Oxnard (acting as the Clerk of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”) a Notice of Intention to Circulate Initiative Petition that proposes to adopt an ordinance that would eliminate funding generated by CFD No. 5, and a Proof of Publication of the Notice; and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the number of valid signatures on the initiative petition is 104, which is sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council (acting as the legislative body of CFD No. 5) must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 at the regular meeting at which the certification of the petition is presented; and WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election; and
NOW, THEREFORE, the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) hereby resolves as follows:

SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.

SECTION 3. This Resolution is adopted pursuant to Elections Code Section 10403 requesting that the Board of Supervisors of Ventura County, pursuant to Elections Code Section 1024
10401, order that this election of CFD No. 5 be consolidated with the statewide general election to be held on November 5, 2024, which consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of the CFD on November 5, 2024.

SECTION 5. Pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render the services and supplies shown on Exhibit A, which is attached hereto and a made a part hereof, and any and all other services and supplies necessary to complete the election on November 5, 2024.

SECTION 6. The City Manager is authorized to execute all documents and to perform all necessary acts to enter into one or more agreements for the provisions of election services consistent with this Resolution.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit B.

The text of the proposed ordinance shall be printed in the ballot materials; a copy of the measure shall be available for public inspection in the City Clerk’s office located at 300 West Third Street, 4th Floor in the City of Oxnard. If not provided in the voter guide, upon request, copies will be sent at the expense of CFD No. 5.

SECTION 8. The ballot question shall be substantially as follows:
“Repeal of Community Facilities No. 5 (RiverPark) Special Taxes Shall an ordinance repealing all of the taxes generated by Community Facilities District No. 5 (RiverPark) – which currently fund extra police protection services within RiverPark, maintain all of the parks and open space areas within RiverPark at enhanced service levels, maintain sports fields used for youth baseball and soccer, and fund flood and storm protection services -- be adopted?
Yes (_______)
No (_______)”
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 10. The City Council directs the City Clerk to transmit a copy of the initiative measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 in the manner required by law.

SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.
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SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 13. The City Council (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) shall meet to declare the results of the election called for by this Resolution at its first regular meeting following the certification of election results.

SECTION 14. CFD No. 5 shall pay the reasonable cost of services and supplies rendered by the County Clerk.

SECTION 15. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 16. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED THIS 21st Day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
1026
Exhibit A
1027
Exhibit B
1028
1029
1030
1031
1032
1033
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK) OF THE CITY OF OXNARD ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE ENTITLED “REDUCTION OF THE

MAXIMUM SPECIAL TAXES THAT CAN BE IMPOSED WITHIN
COMMUNITIES FACILITIES DISTRICT NO. 5 (RIVERPARK)”,

REQUESTING THE COUNTY CLERK TO CONDUCT THE ELECTION,

AND AUTHORIZING THE BOARD OF SUPERVISORS TO CANVASS THE

RETURNS
WHEREAS, the proponents of an initiative measure submitted to the City Clerk of the City of Oxnard (acting as the Clerk of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”) a Notice of Intention to Circulate Initiative Petition that proposes to adopt an ordinance that would result in a 50 percent reduction in the potential amount of CFD funding available to provide services within the RiverPark community, and a Proof of Publication of the Notice; and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the number of valid signatures on the initiative petition is 104, which is sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council (acting as the legislative body of CFD No. 5) must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 at the regular meeting at which the certification of the petition is presented; and WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election; and
NOW, THEREFORE, the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) hereby resolves as follows:

SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.
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SECTION 3. This Resolution is adopted pursuant to Elections Code Section 10403 requesting that the Board of Supervisors of Ventura County, pursuant to Elections Code Section 10401, order that this election of CFD No. 5 be consolidated with the statewide general election to be held on November 5, 2024, which consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of the CFD on November 5, 2024.

SECTION 5. Pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render the services and supplies shown on Exhibit A, which is attached hereto and a made a part hereof, and any and all other services and supplies necessary to complete the election on November 5, 2024.

SECTION 6. The City Manager is authorized to execute all documents and to perform all necessary acts to enter into one or more agreements for the provisions of election services consistent with this Resolution.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit B.

The text of the proposed ordinance shall be printed in the ballot materials; a copy of the measure shall be available for public inspection in the City Clerk’s office located at 300 West Third Street, 4th Floor in the City of Oxnard. If not provided in the voter guide, upon request, copies will be sent at the expense of CFD No. 5.

SECTION 8. The ballot question shall be substantially as follows:
“Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)
Shall an ordinance reducing by 50 percent the maximum tax that can be imposed by Community Facilities District No. 5 (RiverPark) -- with the funds currently generated used to fund extra police protection services within RiverPark, maintain all of the parks and open space areas within RiverPark at enhanced service levels, maintain sports fields used for youth baseball and soccer, and fund flood and storm protection services -- be adopted? Yes (_______)
No (_______)”
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 10. The City Council directs the City Clerk to transmit a copy of the initiative measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 in the manner required by law. 1035
SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 13. The City Council (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) shall meet to declare the results of the election called for by this Resolution at its first regular meeting following the certification of election results.

SECTION 14. CFD No. 5 shall pay the reasonable cost of services and supplies rendered by the County Clerk.

SECTION 15. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 16. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED THIS 21st Day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
1036
Exhibit A
1037
Exhibit B
1038
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1040
1041
1042
1043
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK) OF THE CITY OF OXNARD ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE ENTITLED “LIMITATIONS ON USES OF
SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 5
(RIVERPARK)”, REQUESTING THE COUNTY CLERK TO CONDUCT THE

ELECTION, AND AUTHORIZING THE BOARD OF SUPERVISORS TO

CANVASS THE RETURNS
WHEREAS, the proponents of an initiative measure submitted to the City Clerk of the City of Oxnard (acting as the Clerk of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”) a Notice of Intention to Circulate Initiative Petition that proposes to adopt an ordinance that would impose limits on the way in which CFD No. 5 funding is used, and a Proof of Publication of the Notice; and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the number of valid signatures on the initiative petition is 104, which is sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council (acting as the legislative body of CFD No. 5) must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 at the regular meeting at which the certification of the petition is presented; and WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election; and
NOW, THEREFORE, the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) hereby resolves as follows:

SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.

SECTION 3. This Resolution is adopted pursuant to Elections Code Section 10403 requesting that the Board of Supervisors of Ventura County, pursuant to Elections Code Section 1044
10401, order that this election of CFD No. 5 be consolidated with the statewide general election to be held on November 5, 2024, which consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of the CFD on November 5, 2024.

SECTION 5. Pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render the services and supplies shown on Exhibit A, which is attached hereto and a made a part hereof, and any and all other services and supplies necessary to complete the election on November 5, 2024.

SECTION 6. The City Manager is authorized to execute all documents and to perform all necessary acts to enter into one or more agreements for the provisions of election services consistent with this Resolution.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit B.

The text of the proposed ordinance shall be printed in the ballot materials; a copy of the measure shall be available for public inspection in the City Clerk’s office located at 300 West Third Street, 4th Floor in the City of Oxnard. If not provided in the voter guide, upon request, copies will be sent at the expense of CFD No. 5.

SECTION 8. The ballot question shall be substantially as follows:
“Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark) Shall an ordinance imposing limits on how Community Facilities District No. 5 (RiverPark) funding is used – including limit additional police protection services to one supplemental officer or one full-time equivalent (excluding overtime costs), restrict funding for flood and storm protection services to beyond “standard municipal services”, prohibit using CFD funding to maintain sports fields for youth baseball and soccer, and limit CFD funding for maintenance of parks, parkways and open space to beyond that of “standard municipal services” – be adopted?
Yes (_______)
No (_______)”
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 10. The City Council directs the City Clerk to transmit a copy of the initiative measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 in the manner required by law. 1045
SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 13. The City Council (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) shall meet to declare the results of the election called for by this Resolution at its first regular meeting following the certification of election results.

SECTION 14. CFD No. 5 shall pay the reasonable cost of services and supplies rendered by the County Clerk.

SECTION 15. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 16. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED THIS 21st Day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
1046
Exhibit A
1047
Exhibit B
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1053
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