MINUTES
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Regular Meeting
June 4, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Basua joined the meeting at 5:04 p.m. Councilmember Valenzuela joined the meeting at 5:19 p.m.
Housing Commissioner Jose Andrade attended the meeting in person and arrived at 5:30 p.m. Housing Commissioner Francisco Vega was absent.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. CLOSED SESSION (5:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).
Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency
Los Angeles County Superior Court, Case No. 20STCP00929 Legislative Body: City Council
At 5:02 p.m., the City Council recessed into a closed session. At 5:34 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session for item B.1. No public comments were received.
C. OPENING CEREMONIES (5:30 PM)
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Mayor Zaragoza led the pledge of allegiance.
D. CEREMONIAL ITEMS
1. Presentation of Proclamation Designating the Month of June 2024 as "Pride Month in the City of Oxnard."
Mayor Zaragoza read the proclamation and presented it to Dafne Aguilar, Victoria Bradley, and other members of the Oxnard LGBTQ+ Community of Oxnard, who accepted the proclamation and followed with a few words.
2. Presentation of a Proclamation Designating June 19, 2024 as "Juneteenth Day." Mayor Zaragoza read the proclamation and presented it to Angela Mitchell Landers, Juneteenth Oxnard Co-Chair and other members of the Oxnard Juneteenth Celebration Committee, who accepted the proclamation and followed with a few words and announced the event at Plaza Park.
Presentation of a Proclamation Designating the Month of June 2024 as "Elder and Disability Abuse Awareness Month."
Mayor Zaragoza read the proclamation and presented it to Police Sergeant Dale McAlpine and other team members with the Oxnard Police Department, who accepted the proclamation and followed with a few words.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Jasmine Duran (Elder & Disability Abuse Awareness), and Diedre Frank (Illegal "Brilliance" event being held at the corner of 5th Street and Mandalay Beach Road), additional public comments by a member of the public (did not disclose his name) regarding elderly and disabled abuse. Written comments were received from Walter Hagedohm, Chair of the Oxnard Shores Neighborhood Council regarding an event being held at the beach.
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provided community updates. A reminder that all fireworks are illegal in Oxnard. Report fireworks to the Oxnard Police Department at (805) 307-6308 or email [email protected]. Please do not dial 911 to report fireworks. Durley Park Improvement Project, Community Meeting on Friday, June 14, 2024 at 6:00 p.m. Recap of the 4'h Annual Insect Festival.
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G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING
AUTHORITY BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.
Councilmember Perello asked that a discussion about illegal events be placed for discussion at a future Council meeting.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J.1 through J-7 were reviewed and discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the May 7, 2024 regular meeting as presented.
Cultural & Community Services Department
SUBJECT: Agreement with the Hueneme School District for the Operations of the After-School Education and Safety Grant.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8551) and Memorandum of Understanding (A- 8552) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount not to exceed $2,225,621.70 to operate the After-School Education and Safety (ASES) program at ten (10) schools with a City match of $54,000 of in-kind services.
(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)
3. Cultural & Community Services Department
SUBJECT: Agreement with the Oxnard School District for the Operations of the After-School Education and Safety Grant.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8550) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,590,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services. (The Community Services Public Safety, Housing & Development Committee JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 4
approved 3-0 on May 14, 2024.)
Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25.
RECOMMENDATION: That the City Council adopt Resolution No. 15,778 to:
1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and
2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution. (Public Works and Transportation Committee approved 3-0 on May 14, 2024.)
5. Public Works Department
SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.
(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)
6. Public Works Department
SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City's pavement management systems update professional services.
(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)
7. Public Works Department
SUBJECT: Second Amendment to A-8135 with Conico Toro, Inc. dba Mac Valley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment with Conico Toro, Inc. dba Mac Valley Oil Company JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 5
increasing the contract amount by $50,000 for a total contract amount of $906,100. (This item did not originate in Committee since this is a continuation of a previous item approved by the City Council.)
Consent Items J.1, J.4 - J.7
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela, to approve the recommended action as presented. VOTE: Basua, Mac Donald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Consent Items J.2 and J.3
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 6-0-1. Councilmember Teran recused due to his professional business contracts with the school districts.
K. REPORTS
1. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Landscape Maintenance Districts Initiation of Proceedings to Levy Assessments, Approval of a Consolidated Engineers Report, and Declaration of Intention to Levy Assessments.
RECOMMENDATION: That the City Council acting as the legislative body of the City of Oxnard Landscape Maintenance Districts (LMDs):
1. Adopt "Resolution No. 15,779 of the City Council of the City of Oxnard, California, initiating proceedings to levy assessments against real property for fiscal year 2024-25 in connection with the city's landscape maintenance districts";
2. Adopt "Resolution No. 15,780 of the City Council of the City of Oxnard, California, approving a consolidated engineer's report regarding assessments against real property for fiscal year 2024-25 in connection with the city's landscape maintenance districts"; and
3. Adopt "Resolution No. 15,781 of the City Council of the City of Oxnard, California, declaring its intention to levy assessments against real property for fiscal year 2024-25 in connection with the city's landscape maintenance districts setting the Public Hearing for June 18, 2024. (Finance and Governance Committee approved 2-0 on May 14, 2024.) Michael Wolfe, Public Works Director answered questions. No public comments were received.
It was moved by Councilmember Valenzuela, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Teran, and JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 6
Valenzuela voted in favor; motion passed 5-0-2. Mayor Zaragoza recused due to owning property in LMD 3 and Councilmember Perello recused due to owning property in LMD 13.
2. Finance Department
SUBJECT: Increase Appropriations in the FY2023-24 General Fund Operating Budget to Transfer Funds to the State Gas Tax Fund to Restore State Gas Tax Fund Balance.
RECOMMENDATION: That the City Council approve the transfer of funds from the FY 2023-24 General Fund (101) Operating Budget to the State Gas Tax Fund (181) in the amount of $3,300,000, to restore a fund balance deficit of the State Gas Tax for prior year activity, as well as projected budgetary deficits in FY 2023-24 and FY 2024-25.
Javier Chagoyen-Lazaro, Chief Financial Officer was available to answer questions. No public comments were received.
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
L. PUBLIC HEARINGS
1. Public Works Department
SUBJECT: Five Year Capital Improvement Program (CIP) for Fiscal Years 2025- 2029.
RECOMMENDATION: That the City Council provide input on the draft CIP and recommend that the City Council:
1. Hold a public hearing to receive public testimony regarding the proposed 2025-2029 City of Oxnard Five-Year CIP;
2. Approve the existing carryover CIP projects and the proposed new funding as outlined in the staff report for Category 1 projects;
3. Reaffirm the carryover CIP projects in Category 2;
7. Approve the project prioritization lists in Categories 3 and 4 outlined in the taff report and adopt the 2025-2029 City of Oxnard Five Year CIP; anc
5. Direct staff to finalize the 2025-2029 CIP and General Fund/Measure O amounts for Category 4 projects once the City's FY 2024-25 operating budget has been completed as approved CIP funding allows. (The Public Works and Transportation Committee on April 23, 2024, recommended the item to be forwarded to Council for discussion and review.) The City Clerk announced the affidavit of publication and stated that no written communications were received.
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Councilmembers reported the ex parte communications received on this item.
Michael Wolfe, Public Works Director and Morgan Kessler, City Engineer answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Manuel Herrera.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Council provided direction to staff and made a motion to move the South Oxnard Library lighting project to number 1 priority, to conduct a comprehensive assessment proposal for the Oxnard Police Department Headquarters restroom repairs (category 4), and approve the recommended actions.
It was moved by Councilmember Basua, seconded by Councilmember Valenzuela, to approve the recommended actions as amended. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
2. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Resolution to Levy Assessments in Mandalay Beach Maintenance District.
RECOMMENDATION: That City Council, acting as the legislative body for the Mandalay Beach Maintenance District:
1. Hold a Public Hearing to receive public testimony regarding the proposed Fiscal Year 2024-25 assessments for the Mandalay Beach Maintenance District; and
2. Adopt Resolution No. 15,782 to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District for Fiscal Year 2024-25.
(Finance and Governance Committee approved 2-0 on May 14, 2024.) The City Clerk announced the affidavit of publication and stated that no written communications were received.
Councilmembers reported that no ex parte communications were received on this item.
Michael Wolfe, Public Works Director and Morgan Kessler, City Engineer were available to answer questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.
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Without objection, the Council approved closing the public testimony portion of the public hearing.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended actions as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
3. Finance Department
SUBJECT: Public Hearing on the Fiscal Year 2024-25 Proposed Budget.
RECOMMENDATION: That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for budget adoption on June 18, 2024.
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Ashley Golden, Assistant City Manager and Javier Chagoyen-Lazaro, Chief Financial Officer were available to answer questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Bryan Rodriguez and Jackson Piper.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Council provided direction to staff and made a motion to approve ($600,000 from General Fund), to move the South Oxnard Library lighting project to number 1 priority; and ($300,000 from General Fund), to conduct a comprehensive assessment proposal for the Oxnard Police Department Headquarters restroom repairs (category 4), and approve the recommended actions.
City Council
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended actions as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Oxnard Housing Authority
It was moved by Commissioner MacDonald, seconded by Commissioner Teran, to approve the recommended actions as presented. VOTE: Andrade, Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 8-0. Housing Authority Commissioner Vega was absent.
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M. REPORTS
Public Works Department
SUBJECT: Public Project Agreement 32400521 with Toro Enterprises, Inc., for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L-5129(102).
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $4,309,735 in Project funds for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSBIL- 5129(102);
2. The Mayor to Execute an Agreement with Toro Enterprises, Inc.., in the amount of $3,591,447 with a contingency amount of $359,144 (10%) for a total not to exceed contract amount of $3,950,591 for the Project;
3. A Project allocation amount of $359,144 (10%) for engineering, inspection, survey and project management for the Project;
4. A total amount of new project budget appropriations of $1,762,810 consisting of $613,000 from the Air Pollution Buydown Fee Fund (Fund 360 Subfund 7010) available fund balance, $855,000 from the Mobility Fee Fund (Fund 350 Subfund 8055) available fund balance, and $294,810 from the General Fund (101) available fund balance for the Safe Routes to School Project (C2212) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts; and
5. A total amount of budget appropriation transfers of $1,066,925 from the General Fund (101) consisting of $292,761 in the Ventura Boulevard Sidewalk Project (C1305); $293,509 in the La Colonia Green Alleys Project (C1802); $30,655 in the South Oxnard Center Roof Replacement Project (C2010); $100,000 in the Storm Water Catch Basins Project (C2214); and $350,000 from the available FY 2023-24 Public Works Operating Budget to the Safe Routes to School Project (C2212), as well as the corresponding Capital Outlay Fund (301) appropriation transfers in the same amounts.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.
It was moved by Councilmember Basua, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 10
Valenzuela, and Zaragoza voted in favor; motion passed 6-0-1. Councilmember Teran recused due to his professional business contracts with the school districts.
2. Public Works Department
SUBJECT: Agreements for the Supply and Delivery of Chemicals to Water, Wastewater, and Recycled Water Facilities.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements for the supply and delivery of various types of chemicals to Water, Wastewater, and Recycled Water Facilities, each with the initial agreement term ending June 30, 2025, after which each Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029:
1. Agreement 32500003 with JCI Jones Chemicals Inc., in the amount not to exceed $4,525,000;
2. Agreement 32500004 with Northstar Chemical, in the amount not to exceed $2,925,000;
3. Agreement 32500005 with Pencco, Inc., in the amount not to exceed $7,100,000;
4. Agreement 32500008 with King Lee Chemical Co., in the amount not to exceed $1,900,000;
5. Agreement 32500009 with Aquapulse Chemicals, LL.C, in the amount not to exceed $900,000;
6. Agreement 32500010 with Hill Brothers Chemical Company, in the amount not to exceed $150,000; and
7. Agreement 32500011 with Univar Solutions USA, Inc., in the amount not to exceed $2,300,000.
(Public Works and Transportation Committee approved 3-0 on May 14, 2024.) Michael Wolfe, Public Works Director and Tim Beaman, Interim Assistant Public Works Director were available to answer questions. No public comments were received.
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Public Works Department
SUBJECT: Resolution for Clean Water State Revolving Fund Increase.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Resolution No. 15,783 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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(This item did not originate in Committee as this is an adjustment to the previously approved City Council Resolution 15,123 as listed below.) Tim Beaman, Interim Assistant Public Works Director was available to answer questions.
No public comments were received.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Public Works Department
SUBJECT: Extension of Golf Management Agreement A-8157.
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.) Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.
It was moved by Councilmember Perello, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
5. Public Works Department
SUBJECT: Ratify Emergency Order for Replacement of the City's Data Center Cooling System.
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.)
Michael Wolfe, Public Works Director and Robert Ruben, Chief Information Officer answered questions. No public comments were received.
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It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Finance Department
SUBJECT: City of Oxnard Bank Administration Signatories and Users of the On-line Web Banking Accounts, and Local Agency Investment Fund (LAIF) Authorization.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 15,784 designating signatories for the City bank accounts, banking administrator, and users of the on-line web banking accounts.
2. Adopt Resolution No. 15,785 authorizing investment of monies in the Local Agency Investment Fund.
Javier Chagoyen-Lazaro, Chief Financial Officer was available to answer questions. No public comments were received.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:36 p.m.
City Clerk