recent bond sale date of March 2017, the interest rate was 1.8%. The financing term is up to 30 years, or the useful life of the project, with no maximum funding limit. Repayment begins one year after completion of construction. These favorable loan terms can help lower total project costs
and minimize the financial impacts of projects on rate-payers.
The
City is applying to the SRF program to receive low interest rate loan(s) for the construction projects identified in years three through five of the Capital Improvement Program of the Public Works Department’s Wastewater Division Rehabilitation Project (the Project). The City is requesting a loan amount of $66,700,000 for project capital costs to rehabilitate and repair high risk facilities that have been identified as health and safety concerns or that require urgent efforts to maintain wastewater treatment plant functionality. The Project includes rehabilitation activities necessary to maintain the required minimum redundancy at the treatment facility. The Project involves collection system rehabilitation, preliminary treatment rehabilitation, solids’ treatment rehabilitation and replacement, pump station rehabilitation and replacement and seismic upgrading, electrical system installation, rehabilitation, and SCADA system replacement, cogeneration system rehabilitation, emergency generator replacement, and associated site work.
To finalize the application, several
resolutions are required, as described here:
1) Attachment A authorizes the City’s application for these projects. The resolution also authorizes the City Manager or designee to execute SRF financial assistance agreements and any amendments with the SWRCB, provide the assurances, certifications and commitments therefor, and to carry out the City’s responsibilities under the resulting financing agreement.
2) Attachment B states that though the SRF program requires the City to pay in advance for certain tasks such as planning and design (eligible allowances), the City expects to reimburse the SRF up to a maximum principal amount of $66,700,000.
3) Section 603 of the federal Clean Water Act requires each financing recipient to establish one or more pledged sources of revenue to be eligible for SRF assistance. Attachment C states that the City dedicates and will pledge the net revenues of its Wastewater Treatment Enterprise Fund for the SRF loan.
Several steps in the loan process will require Council action, including approval of the final loan amounts, and staff will return to Council accordingly.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to establish, preserve and improve our infrastructure and natural resources through effective planning, prioritization, and efficient use of available funding. This item supports the following goals and objectives:
Goal 2. Develop an asset management program that includes fleet, facilities, parks, streets, alleys, water, wastewater and storm water.
Objective 3a. Maximize funding sources.
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Clean Water State Revolving Fund Financial Assistance Application May 22, 2018
Goal 4. Ensure proper construction and maintenance of infrastructure to provide maximum benefit with lowest life cycle cost following CIP plans.
Objective 4a. Implement CIP plans.
Objective 4b. Catch up on deferred maintenance for City facilities.
Objective 5b. Protect ocean and waterways.
FINANCIAL IMPACT
This action only involves authorizing the application and submitting resolutions that are required with the application process. Applying for SRF funds does not obligate the City to proceed with the Project. The financial impact of proceeding with the Project will be evaluated at the time Council approval for the Project. Funding for the Project would be included in the Wastewater Treatment Fund CIP years
three through five projects.
If approved, repayment of the Wastewater Treatment Facilities Rehabilitation 30-year SRF loan is expected to begin in 2019
, a year after construction completion.
ATTACHMENTS:
Attachment A: Authorizing Resolution
Attachment B: Reimbursement Resolution
Attachment C: Pledged Revenues Resolution
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE
FOR A STATE REVOLVING FUND FINANCIAL ASSISTANCE
APPLICATION, TO PROVIDE THE ASSURANCES, CERTIFICATIONS
AND COMMITMENTS THEREFOR, AND TO CARRY OUT THE CITY’S
RESPONSIBILITIES UNDER THE FINANCING AGREEMENT
WHEREAS, the City of Oxnard (“City”) desires to finance the costs of planning, design, and/or construction of certain public facilities and improvements to its wastewater system, including the repair and rehabilitation work necessary for the health, safety, and minimum redundancy requirements of the Oxnard Wastewater Treatment Plant rehabilitation projects,
years three through five, of the Capital Improvement Program of the Wastewater Division of the P
ublic Works Department (“Project”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oxnard that:
1. The City Manager or her or his designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board (“SWRCB”) for the planning, design, and construction of the Project.
2. The City Manager or her or his designee is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the SWRCB and any
amendments or changes thereto.
3. The City Manager or her or his designee is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
PASSED AND ADOPTED this ____ day of __________________, 2018, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Tim Flynn, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Michelle Ascencion, City Clerk Stephen M. Fischer, City Attorney K.9.a
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
DESIGNATING THE AMOUNT OF PROJECT EXPENDITURES TO BE
REIMBURSED BY PROCEEDS FROM THE STATE REVOLVING FUND
WHEREAS, the City of Oxnard (“City”) desires to finance the costs of planning, design, and/or construction of certain public facilities and improvements to its wastewater system, including the repair and rehabilitation work necessary for the health, safety, and minimum redundancy requirements
of the Oxnard Wastewater Treatment Plant rehabilitation projects, years three through five, of the Capital Improvement Program of the Wastewater Division of the Public Works Department (“Project”);
WHEREAS, the City
intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (“SWRCB”);
WHEREAS, the
SWRCB may fund the Project Funds with proceeds from the sale of obligations, the interest upon which is excluded from gross income for federal income tax purposes (“Obligations”);
WHEREAS, prior to either the issuance of the Obligations or the approval by the SWRCB
of the Project Funds, the City desires to incur certain capital expenditures (“Expenditures”) with respect to the Project from available moneys of the City; and
WHEREAS, the City
has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City
for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1. The City
hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the SWRCB of the P
roject Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $66,700,000.
S
ECTION 3. This Resolution is being adopted no later than sixty (60) days after the date on which the City will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
SECTION 4. Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
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SECTION 5. To the best of its knowledge, the City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
SECTION 6. This Resolution is adopted as official intent of the City in order to comply with
Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and the City so finds,
determines and represents.
PASSED AND ADOPTED this ____ day of __________________, 2018, by the following vote:
AYES:
NOES:
ABSENT:
_
____________________________
Tim Flynn, Mayor
ATTEST:
_____________________________
Michelle Ascencion, City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer, City Attorney
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OXNARD DEDICATING AND PLEDGING WASTEWATER
TREATMENT ENTERPRISE FUND NET REVENUES FOR
THE REPAYMENT OF A STATE REVOLVING FUND LOAN
WHEREAS, the City of Oxnard (“City”) desires to finance the costs of planning, design, and/or construction of certain public facilities and improvements to its wastewater system, including the repair and rehabilitation work necessary for the health, safety, and minimum redundancy requirements
of the Oxnard Wastewater Treatment Plant rehabilitation projects, years three through five, of the Capital Improvement Program of the Wastewater Division of the Public Works Department (“Project”).
THEREFORE BE IT RESOLVED, the City hereby dedicates
and pledges net revenues of
its Wastewater Treatment Enterprise Fund to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for the City Wastewater Treatment Plant rehabilitation projects, Project_____________. The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City
has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board (“SWRCB”). So long as the financing agreement(s) are outstanding, the City’s pledge hereunder shall constitute a lien in favor of the SWRCB on the foregoing fund(s) and revenue(s) without any further action necessary. So long as the financing agreement(s) are outstanding, the City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet the City’s
obligations under the financing agreement(s).
PASSED AND ADOPTED this ____ day of __________________, 2018, by the following vote:
AYES:
NOES:
ABSENT:
_
_____________________________
Tim Flynn, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Michelle Ascencion, City Clerk Stephen M. Fischer, City Attorney K.9.c
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City Council
June 4, 2024
Tim Beaman, PE
Interim Assistant Director of Public Works
Resolution for Clean Water
State Revolving Fund Increase
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RECOMMENDATION 2
That the City Council approve and authorize the Mayor to execute a Resolution adjusting the amount of project
expenditures to be reimbursed by proceeds from the Clean Water State Revolving Fund for the Wastewater Division
Reliability Improvements Program from $66,700,000 to
$88,601,724.
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• The State Water Resources Control Board (SWRCB) administers the State Revolving Fund (SRF) program.
• The SRF program has a fixed amount of funds available each fiscal year and provides below-market rate financing
• Intended for water quality projects
• Includes construction of Wastewater Treatment Facilities • On May 22, 2018 City council approved:
• Resolution 15,122 - Authorizing SRF loan application
• Resolution 15,123 - Designating project expenditures $66,700,000 • Resolution 15,124 - Pledging repayment of loan
BACKGROUND 3
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• In 2021, the City of Oxnard Wastewater Division received approval from the SWRCB for $66,700,000 in project funding
• Interest rate of 0.9%
• Financing term up to 30 years
• Repayment begins one year after completion of construction • Reliability Program includes the following projects:
• C1813/C1814 - Primary Clarifiers and Activated Sludge Tanks Improvements
• C2201 - Oxnard Wastewater Treatment Plant Reliability Improvements Project
• C2309 - Wastewater Collection: Gravity Main Improvements • C2232 - Wastewater Collection: Lift Station Improvements • C2234 - Wastewater Collection: Sewer Manhole Rehabilitation and Replacement
BACKGROUND 4
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BACKGROUND 5
New Electrical Building - Reliability
Improvements Project (May 2024)
Primary Clarifiers Improvement
Project (May 2024)
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DISCUSSION 6
• As of April 2024, the Wastewater Division Reliability Program is 25% complete
• Final completion is expected in September 2028
• Due to increased project costs resulting from industry-wide inflation and construction costs, and the availability of additional low-interest SRF money, the Wastewater Division was given the opportunity to increase the total loan amount from $66,700,000 to $88,601,724 • These favorable loan terms help minimize the financial impacts of projects on rate-payers by bundling project payments over the course of 30 years at a low-interest rate which allows for existing wastewater reserves to be utilized for additional capital improvements 878
FINANCIAL IMPACT 7
• This action only involves the approval, authorization, and submittal of a reimbursement resolution that is required by the SWRCB loan increase process.
• If approved by the SWRCB, the project loan amount will increase from $66,700,000 to $88,601,724
• 30-year loan repayment
• 0.9%interest rate
• Repayment expected to begin in 2029
• Expenses and shall be budgeted and paid through Wastewater Bond Fund 617 service accounts and corresponding Wastewater Capital Fund 612
• Repayment is based upon actual program expenditures and not the total not to exceed amount of $88,601,724.
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QUESTIONS
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.4
DATE: June 4, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Extension of Golf Management Agreement A-8157. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize the First Amendment to the Golf Course Management Agreement with American Golf Corporation for a time extension only for an additional term of eight months ending on February 28, 2025.
(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on February 6, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/I_criJSnPP4
BACKGROUND
The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses that are currently operated under contract by American Golf Corporation (“AGC”). AGC was awarded the management agreement (“Agreement”) that began on July 1, 2019 and will expire on June 30, 2024.
On February 6, 2024, the City Council authorized staff to enter into negotiations with AGC for a new agreement to manage the River Ridge Golf Club operations. Please see the staff report from the February 6, 2024 City Council meeting for reference (Attached).
DISCUSSION
Since the City Council’s approval on February 6, 2024 to negotiate a new agreement with AGC, staff from Public Works has been developing updated language for the new agreement. During this same period, staff has been in communication with AGC representatives about the key elements of the proposed new agreement. Some of the major elements in the proposed agreement are:
1. Financial compensation to the golf course operator; to include the base fees and incentive fees
2. Customer satisfaction tracking and scoring
3. Condition of the golf course and improvements to the facilities (e.g. event space)
4. Required maintenance as it relates to the closed landfill (Post-Closure Maintenance Plan)
Staff is including language in the new agreement to address and clarify these four major elements to provide specific objectives and criteria for measuring success. In addition to providing financial thresholds and triggers for the operator to meet, thresholds and requirements that are associated with a satisfactory golf course experience for the customers will be highlighted. This shift in perspective will require additional time to negotiate with AGC. As such, staff is requesting to 881
extend the existing contract for eight months ending on February 28, 2025, should the current negotiations extend past the contract expiration date of June 30, 2024. If after two months into the extension, August 31, 2024, there is not an accord on the new agreement, staff will initiate a request for proposal (RFP) process to allow other operators and AGC (should they elect to do so) to submit proposals for the golf operations with the a new agreement date to begin on March 1, 2025.
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
The Golf Management Agreement amendment, to extend time only, will constitute the Manager (AGC) to continue to manage and operate the golf course in accordance with the standards set forth in the current Agreement and the most recent approved Annual Plan and any approved amendments thereto. Golf operations are funded from the Golf Enterprise Fund (Fund #651); the proposed FY 2024-25 budget includes sufficient appropriations, subject to the City Council’s approval, to continue to support these operations.
COMMITTEE OUTCOME
This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on February 6, 2024.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. First Amendment A-8157
2. Agreement A-8157 AGC Management LLC (Executed)
3. February 6, 2024 Staff Report
4. Presentation
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FIRST AMENDMENT TO MANAGEMENT AGREEMENT (V-01-17-19))
Agreement No. A-8157
FIRST AMENDMENT TO MANAGEMENT AGREEMENT
This First Amendment (“First Amendment”) to the Management 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 (“Owner”), and AGC Management, LLC (“Manager”). This First Amendment amends the Agreement entered into on July 1, 2019, by City and Manager.
RECITALS:
WHEREAS, Owner and Manager are in the process of negotiating a new management agreement.
The current management agreement expires on June 30, 2024, and the parties desire to amend the current agreement to extend the term to allow sufficient time for the parties to complete the new management agreement or provide sufficient time for the City to issue a new solicitation for management services, which both must be approved by City Council.
Owner and Manager hereby agree as follows:
1. Section 2.1.1 is hereby added to the Agreement as follows:
2.1.1 After the expiration of the Term as stated in section 2.1, this Agreement will be automatically extended for an additional eight (8) months ending February 28, 2025. The parties may mutually agree to terminate this automatic extension period upon completion and execution of a new management agreement.
2. As so amended, the Agreement remains in full force and effect.
[Signatures on next page]
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Agreement No. A-8157
FIRST AMENDMENT TO MANAGEMENT AGREEMENT (V-01-17-19)
I
N WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CI
TY OF OXNARD AGC MANAGEMENT, LLC
☐John C. Zaragoza, Mayor1 Date Nick Foley, Vice President D ate ☐J
ennifer Yates, Purchasing Agent 2
Elyse Cook, Assistant Secretary 3 Date
A
TTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
AP
PROVED 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
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.4
DATE: February 6, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Golf Management Agreement. (10 minutes)
RECOMMENDATION
That the City Council authorize staff to enter into negotiations with American Golf Corporation for a new Agreement to manage the River Ridge Golf Club operations.
(The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/69uH3oiNOTs
BACKGROUND
The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses that are currently operated under contract by American Golf Corporation (“AGC”). AGC was awarded the management agreement (“Agreement”) that began on July 1, 2019 and will expire on June 30, 2024.
DISCUSSION
With the pending expiration of the AGC Agreement, which will occur on July 1, 2024 for the management of the golf operations, staff has been identifying options for a new agreement with a vendor to operate the golf course enterprise.
Generally, two options are available for a third-party vendor to manage the golf operations: (1) send out a new Request For Proposals (RFP) for all vendors to submit individual proposals or (2) directly negotiate with the existing vendor based upon certain criteria. The Public Works Department has confirmed with the City’s Purchasing Agent, per Article 4-52 of the City Code for Trade and Professional Services, that the City may enter into new negotiations with AGC based upon their performance of managing the golf operations during the current Agreement. Staff has identified three key elements to make this recommendation to the City Council. These include: financial stability/viability, customer satisfaction, and the condition of the golf course.
KEY ELEMENTS:
Financial -
The golf operations have been profitable during each operating year of AGC’s management. This includes the COVID years when the golf operations posted net profits of $2.2 million in FY 2020-21 and $1.8 million in FY 2021-22. For FY 2022-23, the total revenues were $6.2 million with expenditures of $4.7 million. Therefore, the net revenue for the golf operation in FY 2022-23 was $1.5 million. The declining net revenues for each fiscal year are directly associated with the increases for living wage, prevailing wage, and the increasing costs of utilities and goods and services. To generate more 937
revenue, the golf course green fees were increased by an average of $5 per round beginning on July 1, 2023. The FY 2023-24 Golf Annual Plan had projected revenues of $6.1 million. However, after the first half of this fiscal year, the revenues are now projected to exceed $7 million.
The net revenues for each fiscal year remain with the Golf Enterprise Fund as the Fund Balance. The Fund Balance is the accumulation of operating surpluses that includes the annual net revenues. At the completion of each fiscal year, these surpluses are transferred into this fund and can only be used for the operations and improvements of the golf operations.
For best management practice, per Council policy, the Fund Balance reserves $1.4 million to cover six months of golf operating expenses. Therefore, the Golf Enterprise available fund balance, in excess of the Council policy, as of June 30, 2023 is $3.3 million.
The annual net revenue amounts posted by AGC for the golf course operations were not seen under the previous golf course operator and agreement.
Customer Satisfaction -
Between October 10, 2023 and December 10, 2023, a customer survey was conducted to measure the satisfaction of golf course users based on the management by AGC. This survey was targeted to actual golf course users who are on the email list for the River Ridge Golf Club. Additionally, a computer was provided in the pro shop for customers to take the survey in person. The survey results (Attachment 1) were calculated from 1,094 customers. It is interesting to note that 62% of the golf course customers are not residents of the City of Oxnard, and 64% of the customers do not consider River Ridge to be their primary course. Therefore, the majority of the revenues that are generated by the golf operations are from non-residents. In terms of value, 55% of the users surveyed consider the golf course to be a good or excellent value, while 29% consider it a fair value, and only 2% consider it a poor value. In response to the friendliness of staff, 95% of the customers surveyed consider the staff to be “Friendly” to “Very Friendly”.
Course Conditions and Improvements -
In terms of the golf course conditions, 35% consider the golf course conditions to be in “Average Quality”, 40 % “Good Quality”, and 5% “Excellent Quality”. Finally, 58% of the users consider the golf course to be in better condition than it was three years ago.
In FY 2022-23, the golf operations generated over $400,000 for receptions and events. Currently, there are $328,000 in deposits and contracts for scheduled receptions and events with another six months remaining in this fiscal year. To accommodate more services that will generate more revenue, the City has a Capital Improvement Project (CIP) to construct a new Event Pavilion at the River Ridge Golf Club to accommodate more events such as golf receptions, weddings, end-of-life celebrations, and other private parties. The current CIP budget for the Event Pavilion is $600,000.
However, after an initial feasibility review, this project will require additional funding. In response, AGC is proposing, subject to a new agreement for up to 10 years, to assist with the new Event Pavilion by contributing up to $525,000 total, in installments from their annual incentive fee, towards the costs of this project. If staff is directed to work directly with AGC on a new agreement, this is one of the topics and amounts that will be negotiated in the best interest of the golf course operations and keeping within the allowable procedures and process for procurement.
Summary -
As a result of AGC’s performance since July 1, 2019 as measured by the continual annual postings of positive revenues, the positive feedback from the recent customer survey, and the proposal by AGC to assist with funding the facility (e.g. event space improvements), staff recommends receiving approval from the City Council to enter into negotiations to continue the management of the golf operations by American Golf Corporation through a new negotiated Agreement. The new negotiated terms, Agreement, and cost will be brought back to the City Council for review, comments, edits, and final approval.
Alternative -
As an alternative to negotiating directly with AGC, staff would produce a RFP and solicit for proposals to be evaluated. Staff does not recommend this option because AGC has proven their qualifications and performance and there 938
is no guarantee that the RFP process would result in an operator that could equal or better the success of AGC. Therefore, staff recommends approval to enter into negotiations for a new agreement and save the time and resources that will be required for the RFP process.
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
There is no direct financial impact with approving this recommendation. River Ridge Golf Course operates as an Enterprise Fund. Therefore, operational expenses are paid through golf course revenues with no impact on the General Fund. The cost for the new golf management agreement by AGC, or another operator, will be presented to the City Council for approval at a future Council meeting and will remain an operations cost of the Golf Enterprise Fund.
COMMITTEE OUTCOME
The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. River Ridge Golf Course User Survey _ SurveyMonkey
2. Presentation
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Extension of Golf Management
Agreement A-8157
City Council
June 4, 2024
Steve Howlett, Assistant Director
Public Works Department
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That the City Council approve and authorize the First
Amendment to the Golf Course Management Agreement with
American Golf Corporation for a time extension only with an initial term of eight months ending on February 28, 2025.
RECOMMENDATION
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BACKGROUND
3 • The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses that are currently operated under contract by American Golf Corporation (“AGC”).
• AGC was awarded the management agreement (“Agreement”) that began on July 1, 2019 and will expire on June 30, 2024. • On February 6, 2024, the City Council authorized staff to enter into negotiations with AGC for a new agreement to manage the River Ridge Golf Club operations.
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DISCUSSION
4 Since the City Council’s approval on February 6, 2024, to negotiate a new agreement with AGC, staff from Public Works has been developing updated language for the new agreement. During this same period, staff has been in communication with AGC
representatives about the key elements of the proposed new agreement. Some of the major elements in the proposed agreement are:
• Financial compensation to the golf course operator; to include the base fees and incentive fees
• Customer satisfaction tracking and scoring
• Condition of the golf course and improvements to the facilities (e.g. event space)
• Required maintenance as it relates to the closed landfill (Post-Closure Maintenance Plan)
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DISCUSSION
5 • Staff is including language in the new agreement to address and clarify these four major elements that did not have specific objectives and criteria for measuring success in the previous agreement.
• In addition to providing financial thresholds and triggers for the operator to meet, thresholds and requirements that are associated with a satisfactory golf course experience for the customers will be highlighted.
• This shift in perspective will require additional time to negotiate with AGC. As such, staff is requesting to extend the existing contract for eight months ending on February 28, 2025, should the current negotiations extend past the contract expiration date of June 30, 2024.
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DISCUSSION
6 • If after two months into the extension, August 31, 2024, there is not an accord on the new agreement, staff will initiate a request for proposal (RFP) process to allow other operators to submit proposals for the golf operations with the new golf operator to begin on March 1, 2025.
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• The Amendment to extend the Golf Management Agreement will constitute the Manager (AGC) to continue to manage and operate the golf course in accordance with the standards set forth in the current Agreement and the most recent approved Annual Plan and any approved amendments thereto.
• Therefore, the Golf Enterprise Fund will continue to support the golf operations per the February 6, 2024, City Council-approved fund that was presented in the Budget Mid-Year Review by the Finance Department.
• There is no impact to the General Fund.
FINANCIAL IMPACT
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8This is the footer.
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.5
DATE: June 4, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]
SUBJECT: Ratify Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)
RECOMMENDATION
That the City Council review and ratify the following:
1. The City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050; and
2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating the replacement of the City’s Data Center Cooling System; and
3. Authorize the City Manager to enter into any contracts over his spending authority of $200,000.00 that may be required to abate the emergency.
(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/jehytTJB5nM
BACKGROUND
Oxnard City Code Section 4-20(B), authorizes the City Manager to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of City facilities when immediate action is required due to an emergency to preserve public facilities and procure the necessary equipment, services, and supplies without giving notice requesting bids for public contracts.
On May 23, 2024, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director, the City Manager found there was substantial evidence that the failure of a cooling system in the City’s Data Center created an emergency posing a significant risk to City Property and essential city services. As such, the City Manager took immediate action and ordered the implementation of emergency procurement procedures to purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures.
DISCUSSION
The City of Oxnard Data Center (located at 300 W. 3rd Street) houses the majority the City’s internal Information Technology (IT) networking infrastructure, including the networking and storage servers responsible for the City’s Billing and Permitting Interactive Voice Response systems, all locally hosted database servers, the Geographic Information System (GIS) mapping system, environmental resources, Document Management System (AKA AppExtender), system backup servers, HTE, fleet systems, and more. Additionally, the City Data Center handles the Internet and external network access for the main city buildings, such as Public Works, Service Center, Water, 948
Wastewater, Environmental Resources, and City Hall. For reference, Internet and external network access are required for all Google products used by all City Staff including email, documents, shared city drives, the Tyler Munis Enterprise Resource Planning (ERP) system, NeoGov, and other cloud-based systems relied upon by the various City Divisions and Departments.
On or about February 6, 2024, the City Data Center’s cooling system (approximately 13 years old) experienced a mechanical failure. The cause of the failure at that time was unknown. The IT Department initiated the standard repair procedure. IT contacted the City’s Facilities Division ("Facilities") to assess the cooling system. Facilities implemented a short-term mitigation plan while the mechanical failure of the system was assessed, and the manufacturer and the City’s on-call repair service provider was contacted to further assess and repair the system. The short-term mitigation plan implemented by Facilities is to run the main building air conditioner and use portable AC units inside the City’s data center to keep it cool, and open the computer room doors from time to time to allow additional airflow.
On March 6, 2024, the on-call service provider informed Facilities and IT Dept. that the cooling system experienced a mechanical failure that could not be fixed or repaired. Additionally, the service provider stated that certain parts could not be replaced to revive the system, due in part to an obsolete design, worn-out components and numerous required replacement components. It is not feasible to repair the system. The service provider recommended a full replacement.
The short-term facilities mitigation plan will not be able to provide the necessary cooling required to safeguard the City’s Data Center, networking, and server equipment on a long-term basis. This mitigation plan is very stopgap in nature, inefficient, and not recommended to maintain the network and server equipment at the appropriate temperature. It is meant as a short-term protocol for when repairs or maintenance are needed.
The City's Data Center services are at a risk of loss if there is a failure within the short-term mitigation plan, such as main building AC or portable units failing or being unable to adequately keep the Data Center cool. At a minimum, the impact of the failure to keep the Data Center cool would result in loss of access to all City systems (other than Public Safety) from within any City facility. Furthermore, the networking equipment may overheat causing physical damage and requiring additional costly replacements and extended network outages. These risks demand immediate action to reduce any further possibility of loss or failure.
The City’s standard two-step procurement process requires a Request for Proposal (RFP) for a design consultant to configure and design the specifications and plans, followed by a Request for Bid (RFB) for the removal and replacement of the Data Center cooling system. This procurement process would take approximately 6 months at a minimum, in which the Data Center could be without an adequate and reliable cooling system. The risk to the City’s Data Center will be exacerbated by the procurement process.
IT and Public Works have been working on the details for the purchase and installation of a new cooling system. Public Works has received a preliminary cost proposal to remove the four existing APC in-row chilled water Computer Room Air Conditioner (CRAC) units and the associated rooftop chiller units and replace them with new CRAC units and associated rooftop condenser units. This initial estimate included a long lead time to obtain the necessary equipment to replace the system. As such, staff is evaluating other options and vendors to obtain the necessary equipment and complete the project in an expeditious manner and at the lowest cost possible with the understanding that speed is imperative. Staff will provide recurring updates to Council on this matter, and will return to Council to ratify any necessary contracts for this emergency project.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
The current cost estimate to purchase and install a new cooling system is approximately $250,000.00. Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate. This will be funded from available appropriations in the Information Technology Fund operating budget in Fiscal Year 2023-24 and/or from the Fiscal Year 2024-25 budget proposed for Council consideration. A final project total will be provided to the City Council.
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For Finance Use Only: Information Technology Fund (Org. 7311804/ 1801 Obj. 53200 and 56040)
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney
ATTACHMENTS
1. Presentation
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Ratify Emergency Order for Replacement of the
City’s Data Center Cooling System
City CouncilJune 4, 2024
Michael L. Wolfe, Director of Public Works
Rob Ruben, Chief Information Officer
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That the City Council review and ratify the following:
1. The City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050; and
2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating the replacement of the City’s Data Center Cooling System; and
3. Authorize the City Manager to enter into any contracts over his spending authority of $200,000.00 that may be required to abate the emergency.
Recommendation 2
952
Oxnard City Code Section 4-20(B), authorizes the City Manager to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of City facilities when immediate action is required due to an emergency to preserve public facilities and procure the necessary equipment, services, and supplies without giving notice requesting bids for public contracts
BACKGROUND 3
953
On May 23, 2024, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director, the City Manager found there was substantial evidence that the failure of a cooling system in the City’s Data Center created an emergency posing a significant risk to City Property and essential city services
As such, the City Manager took immediate action and ordered the implementation of emergency procurement procedures to
purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures
BACKGROUND 4
954
The City of Oxnard Data Center houses the majority the City’s internal Information T echnology (IT) networking infrastructure, including the networking and storage servers, system backup servers, and more
Additionally, the City Data Center handles the Internet and external network access for the main city buildings, such as Public Works, Service Center, Water, Wastewater, and Environmental Resources, and City Hall
DISCUSSION 5
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On or about February 6, 2024, the City Data Center’s cooling system, approximately 13 years old, experienced a mechanical failure.
Facilities implemented a short-term mitigation plan while the mechanical failure of the System was assessed, and the
manufacturer and the City’s on-call repair service provider were contacted to further assess and repair the system.
DISCUSSION 6
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On March 6, 2024, the on-call service reported that the cooling system experienced a mechanical failure that could not be fixed or repaired.
Additionally, the service provider stated that certain parts could not be replaced to revive the system, due in part to an obsolete design, worn-out components and numerous required replacement components.
It is not feasible to repair the system and the service provider recommended a full replacement.
DISCUSSION 7
957
The City is at a risk for loss of its Data Center services At a minimum, the impact of the failure to keep the Data Center cool would result in loss of access to all City systems (other than Public Safety) from within any City facility.
Furthermore, the networking equipment may overheat causing physical damage and requiring additional costly replacements and extended network outages. These risks demand immediate action to reduce any further possibility of loss or failure
DISCUSSION 8
958
Public Works has received a preliminary cost proposal to remove and replace the existing in-row chilled water Computer Room Air Conditioner (CRAC) units and the associated rooftop chiller units This initial estimate included a long lead time to obtain the necessary equipment to replace the system. As such, staff is evaluating other options and vendors to obtain the necessary equipment and complete the project in an expeditious manner and at the lowest cost possible with the understanding that speed is imperative.
DISCUSSION 9
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Current cost estimate to purchase and install a new Cooling System is estimated to be approximately $250,000
Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate This will be funded from the operating budget from available appropriations in the Information T echnology Fund
Staff will return to Council to ratify any necessary contracts for this emergency project. A final project total will be provided to the City Council
FINANCIAL IMPACT 10
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QUESTIONS?
11 961
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.6
DATE: June 4, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: City of Oxnard Bank Administration Signatories and Users of the On-line Web Banking Accounts, and Local Agency Investment Fund (LAIF) Authorization. (10 minutes)
RECOMMENDATION
That the City Council:
1. Adopt a resolution designating signatories for the City bank accounts, banking administrator, and users of the on-line web banking accounts.
2. Adopt a resolution authorizing investment of monies in the Local Agency Investment Fund.
BACKGROUND
Banking administration
California Government Code Section 53635.2 requires all money belonging to or in the custody of a local agency to be deposited for safekeeping in state or national banks, public banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the treasurer or other official having legal custody of the money. Additionally, California Government Code Section 53679 provides that money belonging to the local agency under the control of any of its officers or employees other than the treasurer shall be deposited as active or inactive deposits.
Currently, all funds collected by the City are ultimately in the custody and under the control of the Billing and Licensing Department. The Assistant City Treasurer / Department Director 1 has traditionally in his/her capacity acted as the City's banking administrator.
The proposed resolution would officially designate the Assistant City Treasurer as the City's Banking Administrator.
Authorized Signers
Resolution 15,324, which was adopted on May 5, 2020, authorizes the Assistant City Treasurer acting together with the Chief Financial Officer or the Assistant Chief Financial Officer:
1. to sign all financial instruments drawn on any eligible depository and […] may endorse all financial instruments for deposit to the credit of the City of Oxnard, assessment districts or the Oxnard Community development Commission Successor Agency,
2. to initiate and approve electronic bank transactions for the City of Oxnard, assessment districts or the Oxnard Community Development Commission Successor Agency.
Resolution 12,520, adopted on November 25, 2003, currently authorizes the City Treasurer, the Assistant City Treasurer 962
and an Accountant Clerk II to deposit and withdrawal funds from Local Agency Investment Fund (LAIF).
Also, it is necessary to clarify that a change in staff (City Manager, Assistant City Manager, Assistant City Treasurer, Assistant Chief Financial Officer, Chief Financial Officer) would not require formal adoption of a new resolution by the City Council. Such changes in persons, not titles, would be handled administratively.
Payment Approvals/Processing
Checks issued by the City shall require two signatures (facsimile is allowed) from authorized officers. In their immediate absence, both the Chief Financial Officer and Assistant City Treasurer / Assistant Chief Financial Officer can appoint a temporary designee.
Recommended banking authorizations
The proposed resolution designating signatories for the City bank accounts, banking administrator, and users of the on- line web banking accounts would designate the Assistant City Treasurer as a City’s Banking Administrator, and assigns different levels of responsibility to different positions within the Finance Department following segregation of duties in support of internal controls.
Deposits must be recorded in the City’s accounting software to ensure the full accounting of the funds received on behalf of the City, following the corresponding cash management steps.
All disbursements activities must have been previously processed in the City’s accounting software, following the corresponding approval steps prior to initiate the bank disbursements.
Summary table with banking authorizations by City position
Electronic Banking Access
Position View Edit Approve Admin
Check
signature
Banking
Administration
Assistant City Treasurer
Chief Financial Officer
Assistant Chief
Financial Officer
Billing & Licensing
Supervisor
B&L Management
Analyst II
B&L Cashiers
Finance Accountant
City Treasurer
The proposed resolution authorizing investment of monies in LAIF is in the form provided by the California State Treasurer and updates the City officers authorized to order the deposit or withdrawal of monies in LAIF and to execute and deliver documents necessary in order to effectuate LAIF transactions. If adopted, the proposed resolution will be filed with LAIF.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
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There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Stephen Fischer, City Attorney, Jason Zaragoza, Deputy City Attorney, Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Resolution – City authorized banking signatories, banking administrator, and users of on-line web banking services.
2. Resolution – City authorized investment signatures in the Local Agency Investment Fund
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OXNARD APPROVING THE BANKING SIGNATORIES,
BANKING ADMINISTRATOR, AND USERS OF THE ON-LINE
WEB BANKING ACCOUNTS
WHEREAS, in the course of business for the City of Oxnard ("City"), the City establishes relationships with various financial institutions (“banks”) for purposes including, but not limited to depository of City funds, investment of funds, borrowing money, and making payments on bonds and other debt issued by the City; and
WHEREAS, banks with whom the City does business normally require a City resolution designating which City officials are authorized to open bank accounts and to execute checks and other orders for payment of City funds; and
WHEREAS, the City has found it necessary to set-up online web banking for the bank accounts of the City; and
WHEREAS, the City Council has the authority to appoint signatories on accounts and desires to designate certain City Officials as designated signatories and certain City Officials and employees as users for the on-line web banking for the City.
NOW THEREFORE, the City Council of the City of Oxnard resolves as follows:
1. As used in this Resolution, the term "Bank" shall mean any financial institution with whom the City establishes a banking relationship, including but not limited to local investment pools.
2. The Assistant City Treasurer is designated as the City’s Banking Administrator and is authorized, on behalf of the City to conduct contracting requirements relating to the deposit, safeguarding and withdrawal of City monies, which include:
• Specifying in writing to the bank the name of individuals who are authorized, subject to the authorization provided by this Resolution, in the name of and on behalf of the City to:
o Withdraw funds from any of the City’s banking accounts on the City’s checks or orders.
o Endorse and deliver to the bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, owned by, or held by, or payable to the City. o Send, review and/or authorize wire and electronic transfers of funds from the City accounts.
o Otherwise access the City’s deposit accounts.
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• Administer all day-to-day banking activities, including banking services that support routine City financial operations and analysis of City banking service needs.
3. That Assistant City Treasurer or Chief Financial Officer will certify to a Bank the names and signatures (either actual or in any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time-to- time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act.
4. In connection with funds, accounts payable, and payroll accounts of the City of Oxnard, assessments districts and the Oxnard Community Development Commission Successor Agency, the holders of the following positions with the City, two of them acting together are hereby authorized to sign (“Authorized Signers”) all financial instruments drawn on any eligible depository and that each of the below persons, individually, may endorse all financial instruments for deposit to the credit of the City of Oxnard, assessment districts or the Oxnard Community Development Commission Successor Agency:
Assistant City Treasurer
Chief Financial Officer
Assistant Chief Financial Officer
5. In connection with funds, accounts payable, and payroll accounts of the City of Oxnard and assessment districts and the Oxnard Community Development Commission Successor Agency, the positions below, are hereby authorized to approve phone, email and electronic bank transactions for the City of Oxnard, assessment districts or the Oxnard Community Development Commission Successor Agency, and are designated bank electronic bank administrators:
Assistant City Treasurer
Chief Financial Officer
Assistant Chief Financial Officer
6. In connection with funds, accounts payable, and payroll accounts of the City of Oxnard and assessment districts and the Oxnard Community Development Commission Successor Agency, the positions below, are hereby authorized to initiate phone, email and electronic bank transactions for the City of Oxnard, assessment districts or the Oxnard Community Development Commission Successor Agency, that can only be approved by a different user, review activities online, and download reports from banking websites:
Assistant City Treasurer
Chief Financial Officer
Assistant Chief Financial Officer
Billing & Licensing Supervisor
Billing & Licensing Management Analyst II
Billing & Licensing Cashiers
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7. That the holders of the following positions with the City are authorized users for the on-line web banking services to review activities online, and download reports from banking websites:
Assistant City Treasurer
Chief Financial Officer
Assistant Chief Financial Officer
Billing & Licensing Supervisor
Billing & Licensing Management Analyst II
Billing & Licensing Cashiers
Finance Accountant
City Treasurer
8. To the extent required by Government Code section 53649, t he City Treasurer shall enter into any contract with a depository relating to any deposit which in his or her judgment is to the public advantage .
9. Sections 1 through 4 of Resolution 15,3 24, adopted on May 5 , 20 20 , are hereby rescinded.
PASS AND ADOPTED this 4th day of June 2024
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________
John C. Zaragoza, Mayor
ATTEST
____________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM
_____________________________________
Stephen M. Fischer, City Attorney
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Oxnard;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Oxnard hereby authorizes the deposit and withdrawal of City of Oxnard monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 1642 9.1 et. seq. for the purpose of investment as provided therein.
BE IT FURTHER RESOLVED, as follows:
Section 1. The following City officers holding the titles specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
Phillip Molina, City Treasurer Signature: _______________________
Mark Sewell, Assistant City Treasurer Signature: _______________________
Javier Chagoyen-Lazaro, Chief Financial Officer Signature: _______________________
Martha Guerra, Billing and Licensing Supervisor Signature: _______________________
Section 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
Section 3. Resolution 12,520, adopted on November 25, 2003 is hereby rescinded.
PASS AND ADOPTED this 4th day of June 2024
AYES:
NOES:
ABSTAIN:
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ABSENT:
_______________________________________
John C. Zaragoza, Mayor
ATTEST
____________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM
_____________________________________
Stephen M. Fischer, City Attorney
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