Oxnard City Council
July 16, 2024

Final Issue Date: 10/16/2023
Permit Valid from: 07/01/2023 to 06/30/2023
Equipment Owner/Operator: c/o City of Oxnard - Wastewater Division / Oxnard Wastewater Treatment Plant
Equipment Location: 6001 S. PERKINS RD, OXNARD, CA 93033 Equipment Description:

TANK NO. FUEL CAPACITY (gal) LOCATION
1 Gasoline 10,000 Aboveground
T
otal Number of Gasoline Nozzles: 1
P
hase 1 Vapor Recovery Control System: Two Point System
P
hase II Vapor Recovery Control System: ConVault Balance System Permitted Emissions:

PERMITTED EMISSION TONS/YEAR POUNDS/HOUR
Reactive Organics 0.62 3.81
Applicable Conditions: This Permit is issued subject to the following conditions:

1. Authorized Modifications:
a. This Permit to Operate authorizes a modification to the gasoline dispensing facility as described above. Until the modification of the facility is complete, the Permit Renewal 06415 R10 will remain in effect.
b. T
he permittee shall install vapor recovery piping and vent piping that is constructed only of rigid m
aterial. Flexible vapor recovery piping and vent piping may be installed only if it has been a
pproved in writing by the California Air Resources Board. This facility shall comply with the performance standards and specifications applicable to Phase II vapor recovery systems contained i
n CARB Vapor Recovery Certification Procedure CP-201. These requirements apply to new gasoline dispensing facilities and major modifications, constructed on or after April 1, 2003.

T
hese requirements include the following: (1) the Phase II vapor recovery system shall be compatible with vehicles equipped with Onboard Refueling Vapor Recovery (ORVR) systems; and (2) each multiproduct dispenser shall have only one hose and nozzle per side and no more than two nozzle-hose configurations per dispenser.
c. T
he permittee is required by Rule 70.H, CARB Executive Order VR-102 and VR-202 to perform verification testing within 45 days of commercial operation of the modified Phase I and Phase II vapor recovery Systems. The verification tests that are required are, but are not limited to: TP- 201.1 “Phase I efficiency verification”, TP-201.3, “Determination of 2 Inch WC Static Pressure

APPENDIX A
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Performance of Vapor Recovery Systems of Dispensing Facilities”, and TP-201.4, “Dynamic Back Pressure”.
2 . G
asoline Throughput:
a.

Permitted emissions are based on a gasoline throughput of 14,000 gallons per year. A year is defined as any period of 12 consecutive calendar months. Prior to exceeding this limit, the permittee shall apply for, and receive a permit modification. 3 . G
asoline Dispensing Facility Requirements:
a. T
he permittee shall comply with all requirements specified in the Permit to Operate Attachment - Gasoline Dispensing Facility with a ConVault Aboveground Tank and Phase II Vapor Recovery S
ystem, Attachment No. GDF118, which is incorporated by reference as part of this permit. This attachment includes a summary of all applicable requirements of District Rule 70, “Storage and T
ransfer of Gasoline,” and the applicable California Air Resources Board Vapor Recovery Executive Orders. This attachment shall be posted with this permit as required below. 4 . A
boveground Tank Conditions
a.

Because the aboveground gasoline tank has a permitted throughput limit of less than or equal to 18,000 ga
llons per year, this facility is exempt from the requirement to be equipped and operated wi
th a CARB-Certified Phase I EVR Two-Point Vapor Recovery System. If the throughput ever exceeds 18,000 gallons per year, the permittee will be required to comply with these Phase I EVR requirements and Rule 70, as applicable.

5. Rule 76 Conditions
N
ot Applicable
6 . Marine Vessel
N
ot Applicable
W
ithin 30 days after receipt of this permit, the permittee may petition the Hearing Board to review any new or modified condition (Rule 22). This permit, or a copy, shall be posted reasonably close to the subject equipment and shall be accessible to inspection personnel (Rule 19). This permit is not transferable from one location to another (Rule 20).
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The granting of this permit shall not be construed as an endorsement by the District and shall not guarantee compliance with the rules of the District. This permit shall not be construed to allow any emission unit to operate in violation of any state or federal emission standard or any rule of the District.

This permit cannot be considered as permission to violate existing laws, ordinances, regulations or statutes of other government agencies.

A
li R. Ghasemi
Air Pollution Control Officer
A
ttachments:

GDF118
Q:\PRISM\PRISMFileRoom\PermitFiles\06415\Engineering\Permits\ATC-PTO 06415 111 - Final Permit - 10-16-2023.docx 153
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Final Issue Date: 10/16/2023
GDF118
P

ERMIT TO OPERATE ATTACHMENT

GASOLINE DISPENSING FACILITY

CONVAULT ABOVEGROUND TANK

FILLING/DISPENSING VAPOR RECOVERY SYSTEM

1.0 General requirements of Rule 70, "Storage and Transfer of Gasoline", as applied to gasoline dispensing facilities.

1.1 All open vent pipes shall be equipped with a California Air Resources Board (CARB) certified pressure-vacuum relief valve. The valve shall have a rated pressure relief setting of no more than 2.5 inches of water column gauge. Pressure-vacuum relief valve(s) shall be properly installed at a minimum height of 12 feet above grade and shall be maintained in good operating order. (Rule 70.B.6 and CARB Executive Order G-70-116)

1.2 All "pump-outs", or bulk transfers, of gasoline from a storage container shall be performed using a vapor recovery system which returns displaced vapors to the stationary storage container unless the purpose of the bulk transfer is to prepare the tank for removal or to fill it with water for testing. (Rule 70.B.8)

1.3 The permittee shall follow good operating practices including but not limited to:
preventing gasoline spills and leaks, storing gasoline in closed containers, and disposing of gasoline in compliance with all state and local regulations. (Rule 70.E.5)

2.0 Phase I Vapor Recovery
T
he Phase I vapor recovery system is the set of equipment which recovers the vapors displaced during the transfer of gasoline from the delivery vessels into stationary gasoline storage tanks.

The Phase I vapor recovery system is usually either a Two Point or a Coaxial System and includes a submerged fill pipe. A two point system is one in which the product and vapor recovery lines are connected to the storage tank at separate points. In a coaxial system the product and vapor recovery lines are connected to the tank together with a coaxial fitting in which the product line is inside the vapor return line.

2.1 All tanks shall be equipped with a permanently installed submerged fill pipe which extends to within six inches of the tank bottom. The connection shall be free of leaks. (Rule 70.B.1 and CA Health and Safety Code Section 41950)

2.2 The permittee shall use a permanently installed Two Point Phase I vapor recovery system which has been certified by the California Air Resources Board (CARB) to prevent 95 percent of the displaced vapors from being released into the atmosphere. The Phase I vapor recovery system shall be installed as specified in the latest versions of CARB Executive Order G-70-116, Certification of ConVault, Inc. Aboveground Filling/Dispensing Vapor Recovery System, CARB Executive Order G-70-97, Stage I Vapor Recovery Systems for Underground Gasoline Storage Tanks at Service Stations and CARB Executive Order G-70-102, Certification of a Phase I Vapor Recovery System for Aboveground Storage Tanks with less than 40,000 Gallons Capacity for Gasoline or Gasoline/Methanol Blended Fuels. (Rule 70.B.2 and CARB Executive Order G-70-116) 154
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2.3 The Phase I vapor recovery system shall be maintained and operated in the same manner as when certified by CARB. All vapor recovery equipment shall be maintained in good working order and shall not leak. (Rule 70.E.1)

2.4 The permittee shall not install a Phase I vapor recovery system unless the system is equipped with CARB-certified poppetted drybreaks or spring-loaded vapor check valves on the vapor return coupler of the system.
(Rule 70.B.5)

2.5 The storage tank shall contain a minimum of 6 inches of concrete insulating material between the interior holding tank and the exterior containment tank. The general exterior of the tank shall be painted white; or constructed with an exposed aggregate surface on the sides, a brushed concrete top surface, and painted with a clear coat finish. (CARB Executive Order G-70-116)

3.0 Phase II Vapor Recovery
T
he Phase II vapor recovery system is the set of equipment which recovers the vapors generated during the fueling of motor vehicles from stationary gasoline storage tanks. The Phase II vapor recovery system is either a balance system or a vacuum assist system. The balance system operates solely on the principle of vapor displacement by liquids; and the vacuum assist system utilizes a pump, blower, or other vacuum producing device to recover the vapors.

3.1 The permittee shall use a permanently installed Phase II balanced vapor recovery system which has been certified by California Air Resources Board (CARB) to prevent 95 percent of the displaced vapors from being released into the atmosphere. The Phase II vapor recovery system shall be installed as specified in the latest version of CARB Executive Order G-70-116, Certification of ConVault, Inc. Aboveground Filling/Dispensing Vapor Recovery System. The Phase II vapor recovery system shall be equipped with CARB certified components as listed in the latest version of CARB Executive Order G-70-52, Certification of Components for Red Jacket, Hirt, and Balance Phase II Vapor Recovery Systems. (Rule 70.B.9)

3.2 The permittee shall not install any new or rebuilt vapor recovery equipment unless the equipment is clearly identified or marked by the certified manufacturing company and/or the certified rebuilding company as per CARB specifications. (Rule 70.B.16)

3.3 The Phase II vapor recovery system shall be maintained and operated in the same manner as when certified by CARB. All vapor recovery equipment shall be maintained in good working order and shall not leak. (Rule 70.E.1)

3.4 Effective July 1, 1998, the permittee shall not install any balance system vapor recovery nozzle unless a vapor check valve is located in the nozzle. Effective July 1, 1998, a balance vapor recovery system shall not be operated with more than one check valve per nozzle and hose assembly. The vapor check valve is a valve which closes the vapor recovery line when the nozzle is not in use to prevent vapors from escaping. (Rule

70.B.10)
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3.5 Any flexible tubing connecting the vapor recovery riser and the gasoline dispenser shall be listed by the Underwriters’ Laboratory for use with gasoline and shall be capable of maintaining electrical continuity.
(Rule 70.B.11)

3.6 The permittee shall not allow the operation of, or install, a bellows- equipped vapor recovery nozzle unless it is equipped with a certified insertion interlock mechanism. An insertion interlock mechanism is a device which prohibits the dispensing of fuel unless the bellows is compressed. (Rule 70.B.12)

3.7 The permittee shall not operate a vapor recovery nozzle unless it is equipped with a coaxial hose. (Rule 70.B.13)

3.8 In order to prevent spitback or condensate from blocking the vapor path between the vehicle fill pipe and the storage tank headspace, the routing of the coaxial hose shall be consistent with the configurations shown on exhibits 4 through 11a in CARB Executive Order No. G-70-52, with the exception that the highest point in the vapor return path must be above the top of the storage tank and there shall be no liquid trap in the vapor path and the storage tank vapor headspace during fuel dispensing. Furthermore, there shall be no liquid trap in the vapor path between the vehicle fill pipe and the highest point in the vapor return path during fuel dispensing unless the coaxial hose is equipped with a liquid removal system with the liquid pickup located at the liquid trap. The liquid removal devices shall be maintained to achieve a minimum liquid removal rate of five milliliters per gallon transferred.
(Rule 70.B.14 and CARB Executive Order G-70-116)

4.0 Phase II Vapor Recovery Defects

4.1 Phase II vapor recovery systems shall be maintained and operated with none of the defects listed below:

4.1.1 T
orn or cut boots;

4.1.2 T
orn or cut face seals or face cones;

4.1.3 D
efective shutoff mechanisms;

4.1.4 A
ny improper or non-"CARB Certified" equipment or components;

4.1.5 L
oose or broken retractors;

4.1.6 B
oots clamped or otherwise held in an open position;

4.1.7 L
eaking components;

4.1.8 A
ny nozzle components found loose, missing, or disconnected, including but not limited to boots, face seals, face cones, check valve wires, diaphragm covers, and other latching devices;
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4.1.9 Any vapor fuel hoses and associated components found loose, missing, or disconnected, including but not limited to flow restrictors, swivels, and anti- recirculation valves;

4.1.10 C
rimped, cut, severed, or otherwise damaged vapor or fuel hoses. (
Rule 70.E.2)

4.2 Any equipment that is not operating in compliance with Rule 70 shall be tagged "Out of Order." Except during repair activity, that tag shall not be removed and the tagged equipment shall not be used, or provided for use, unless the tagged equipment has been fixed or replaced.
(Rule 70.E.4)

5.0 Required Signs Posted
T
he owner/operator of the gasoline dispensing facility shall conspicuously post the following signs in the immediate gasoline dispensing area:

5.1 "NOZZLE" operating instructions.

5.2 "VCAPCD" toll-free telephone number.

5.3 A warning sign stating "DO NOT TOP OFF TANKS".

5.4 Required signs shall comply with one of the following:

5.4.1 D
ecal signs shall be readable from a distance of 3 feet or more and shall be located adjacent to the dispenser price indicator (per gallon) on each side next to the driveway it serves.

5.4.2 P
ump toppers shall be double-back with one sign per island and shall be readable from a distance of 6 feet or more.

5.4.3 P
ermanent (non-decal) signs shall be two single-sided or one double-sided sign(s) per two (2) dispensers and shall be readable from a distance of 6 feet or more.

5.5 A dispenser that is not permitted to fuel motor vehicles shall have a sign posted on it restricting its use from motor vehicles.
(
Rule 70.B.15)

6.0 Verification Testing
T
he following reverification tests shall be conducted on the balance Phase II vapor recovery system at the time intervals specified below:
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6.1 At least once every 12 months, CA RB Test Procedure TP-201.3b shall be conducted to quantify the static pressure performance of the vapor recovery system. (Rule 70.H.1.c and CARB Executive Order G-70-116)

6.2 At least every four years, CARB Test Procedure TP-201.4 shall be conducted to quantify the dynamic pressure performance in the vapor path leading from the dispensing nozzles to the tank. Dynamic pressure testing shall not be required for any aboveground gasoline storage container that (1) has a dispenser mounted directly to the container and (2) is equipped with a Phase II vapor recovery system that does not have a liquid trap at any location in the vapor path between the gasoline nozzle and the storage container vapor head space during gasoline dispensing. The District may require documents or engineering drawings verifying exemption from this testing requirement. (Rule 70.H.2.b)
T
he initial reverification test(s) shall be performed no later than January 1, 1997.

I
f the vapor recovery system does not meet the requirements of the test(s), corrective repairs shall be made and the test(s) shall be repeated.

T
he permittee shall notify the District Enforcement Section at least five working days prior to the test(s) and shall submit the results to the Enforcement Section within 15 days after the test(s) are conducted. District personnel shall be allowed to witness the test(s).

7.0 Recordkeeping Requirements

7.1 Records of all tests conducted on the vapor recovery systems shall be maintained. These reports shall be dated and shall contain names, addresses, and telephone numbers of the parties responsible for the system installation and/or testing. (Rule 70.G.3)

7.2 A log of all maintenance conducted on any part of the vapor recovery system shall be maintained in chronological order. The log shall include the date, a description and location of any equipment replaced, and a description of the system problem which required repair. The log shall also indicate the time period and duration of each malfunction of the system. (Rule 70.G.4)
T
hese records shall be maintained for a period of two years and be made available to District personnel upon request. (Rule 70.G.5)

8.0 Permit to Operate Application Required for Modifications A
major modification at a gasoline dispensing facility is defined as a replacement or addition of tank(s) or vapor recovery piping or a change in the type of Phase I or Phase II vapor recovery system.

8.1 Prior to performing any major modification to a gasoline dispensing facility, the permittee shall submit an application to modify the facility and receive a revised Permit to Operate. The revised Permit to Operate serves as both an Authority to Construct and Permit to Operate for the modified facility. (Rule 70.B.7) 158
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8.2 Within 45 days a fter modifying a facility, the permittee shall conduct and pass all tests on the vapor recovery system as specified by the revised Permit to Operate. The test results shall be submitted to the District within 15 days after the tests are conducted. (Rule

70.H.1.a, 70.H.2.a, and 70.H.7.a)
GDF
TestDoc
159
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL
PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to (“ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (t
he “Contract”) for the Work described as OXNARD WASTEWATER TREATMENT

PLANT FUEL MANAGEMENT SYSTEM REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 23-13R2.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and ad dress of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors a nd administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum o f D o l l a r s ( $ ) , t h i s
amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be aw arded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 160
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”

By:

Its:

By:

Its:
(Seal)
“Surety”
By:

Its:

By:

Its
(Seal)
Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 161

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as OXNARD WASTEWATER TREATMENT

PLANT FUEL MANAGEMENT SYSTEM REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 23-13R2.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of D o l l a r s ( $ ) , t h i s
amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, 162

extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

D a t e d :

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

163

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Response to Grand Jury Report on Ventura County Regional Radio System.

RECOMMENDATION

That the City Council authorize the Mayor to respond, on behalf of the City Council, to the Grand Jury's "Linking First Responders Ventura County Regional Radio System" report dated May 22. 2024.

BACKGROUND

The ability of first responders to communicate on a common radio system is critical when coordinating a response to a major event. The lives of first responders and the people they serve may be at risk if first responders cannot call for assistance.

The 2023-2024 Grand Jury researched the readiness, compatibility, and use of the radio communication systems first responders employ in emergencies affecting Ventura County. The investigation stemmed from the 2018 Borderline Bar and Grill Mass Shooting in Thousand Oaks, which revealed the inadequacies of the communication systems in place at the time.

Ventura County Information Technology started the Ventura County Regional Radio System project (VCRRS) to increase interoperability within Ventura County agencies. VCRRS will provide improved service to the areas within Ventura County and their respective public safety agencies. The City of Oxnard has agreed to join VCRRS and will participate in its advisory group. The City of Oxnard has purchased radios that are compatible with this system. An MOU is currently being reviewed.

The Grand Jury's report contained two findings for the City of Oxnard:
• F-03. Portions of the current system in the City of Oxnard have both building penetration problems and reception issues in certain areas.
• F-04. A lack of integrated training could cause inaccurate or incomplete information to be transmitted.

The Police and Fire Departments agree with finding F-03: Portions of the current system in the City of Oxnard have both building penetration problems and reception issues in certain areas.

Oxnard’s existing radio communications system does not meet the needs of the Police Department. The current system’s unreliability is evidenced by a growing number of locations where radio communications between field resources and the Police Department’s Emergency Communications Center have become “dead spots.” Radio communications are ineffective in these locations, posing a safety hazard to public safety personnel, who may be attempting to broadcast critical information or request backup/assistance in hazardous situations. The Police Department began a project to update and replace its current radio infrastructure in FY 2022-2023. The Police Department has agreed to join VCRRS to implement a radio infrastructure that allows for interoperability.

164
In July 2022, the City of Oxnard purchased 160 Motorola APX 8000 portable radios and 247 APX 8500 mobile radios to replace aging equipment known to have both building penetration problems and reception issues in certain areas. These radios are compatible with the VCRRS equipment and ready to integrate into VCRRS.

Recommendation R-03 recommends that the transition to VCRRS be completed by July 2025. Absent any delays outside the City of Oxnard's control, this transition will be completed within the recommended time frame.

The Ventura County Fire Department (VFCD) Fire Communications Center (FCC) coordinates the fire department's radio communications and all fire and emergency medical services within Ventura County. All county fire stations and city fire departments are linked by a common communications network that can communicate with VCRRS as needed through a patch into the VCRRS network. The fire agencies are also required to maintain interoperability with CalFire, a state agency, and this requires the FCC to remain on their current VHF system as a primary frequency.

The Police and Fire Departments agree with finding F-04: A lack of integrated training could cause inaccurate or incomplete information to be transmitted.

Recommendation R-04 recommends that the City of Oxnard completes an integrated testing and training plan by July 2025. This recommendation has been implemented.

Both the Police and Fire Departments realized the importance of integrated training for events related to active assailants and natural disasters. Both agencies utilize the Incident Command System (ICS) during critical incidents. ICS is a standardized, on-scene, all-risk incident management concept. This allows its users to adopt an integrated organizational structure to match the complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries. Integrated training between the Police Department, the Fire Department, and other public safety agencies within Ventura County has occurred related to active assailant incidents in 2023 and is scheduled for 2024. This type of training will be ongoing and include the transition to VCRRS.

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 no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Denise Morehouse, Assistant Police Chief

ATTACHMENTS

1. County of Ventura Grand Jury Final Report

2. Response to Grand Jury Report Linking First Responders

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168
169
170
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172
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174
175
176
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180
F-03, F-04
R-03, R-04
1 Mayor, City of Oxnard
181
Responseto2023-2024VenturaCountyGrandJuryReportRecommendationSummary RecommendationR-03
TheOxnardPoliceDepartment(OPD)begana projectto updateandreplaceitscurrentradioinfrastructurein FY2022-2023.OPDhasagreedto joinVCRRStoimplementaradioinfrastructurethatallowsforinteroperability.

InJuly2022,theCityofOxnardpurchased160MotorolaAPX8000portableradiosand 247 APX8500mobileradiosto replaceagingequipmentwithbuildingpenetrationproblemsand receptionissuesin certainareas.TheseradiosarecompatiblewiththeVCRRSequipmentandreadytointegrateintoVCRRS.TheCityofOxnardiscurrentlyreviewinganMOUwithVCRRSandwillbereadytojointhesystembeforeJuly2025,absentanydelaysbeyondtheircontrol.

RecommendationR-04
TheCityofOxnardrealizestheimportanceofintegratedtrainingforeventsrelatedtoactiveassailantsandnaturaldisasters.OxnardPoliceandOxnardFireutilizetheIncidentCommandSystem(ICS)duringcriticalincidents.ICSis a standardized,on-scene,all-riskincidentmanagementconcept.Thisallowsitsusersto adoptanintegratedorganizationalstructuretomatchthecomplexitiesanddemandsofsingleormultipleincidentswithoutbeinghinderedbyjurisdictionalboundaries.IntegratedtrainingbetweenthePoliceDepartment,theFireDepartment,andotherpublicsafetyagencieswithinVenturaCountyhasoccurredrelatedtoactiveassailantincidentsin2023andisscheduledfor2024.ThistypeoftrainingwillbeongoingandincludedthetransitiontoVCRRS 182

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: July 16, 2024
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: MOU with Ventura County for Regional Radio System.

RECOMMENDATION
That the City Council approve and authorize a Memorandum of Understanding between the City of Oxnard and the County of Ventura for Regional Radio System subscription fees for Fiscal Years 2024/2025, 2025/2026, and 2026/2027 at an annual cost of $170,302.00.

BACKGROUND
For many years, the Oxnard Police Department has been challenged with an aging radio infrastructure and outdated portable and mobile radios. In addition to the aging infrastructure, the Department of Justice (DOJ) requires that, as of October 2020, all CLETS (California Law Enforcement Telecommunications System) subscribing agencies use an encrypted radio channel to transmit personally identifiable information. The Oxnard Police Department cannot comply with this requirement because the current radio infrastructure cannot support encryption.

The City of Oxnard has purchased new portable and mobile radios during the last 2 fiscal years. These radios were purchased to be compatible with the County of Ventura’s 700 MHz radio system. The County of Ventura’s radio system provides interoperability between public safety agencies in the County of Ventura, and conforms with the updated confidentiality requirements from the DOJ. This contract allows the City of Oxnard to enter an agreement with the County of Ventura to provide radio services, maintenance of all county radio equipment, programming of radios, and support services for the system.

This contract's recurring cost is "subscriber based" and depends on the amount of radios connected to the system per month. The Police Department has approximately 500 radios that are expected to be registered with the system. Operating costs associated with the Regional Radio System, including infrastructure and support costs, will be shared proportionately by the participating agencies. Subscriber rates will be based on the County’s actual incurred expense increases in salaries and benefits, overhead, services, and supplies. A per-unit subscriber rate will be developed by apportioning all costs (system hardware and support costs) based on the total number of mountaintop sites utilized by the participating agency. Based on this method, the cost per radio connection per month is currently set at $19.96 (Oxnard is listed as regional access).

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 funding in the FY 2024-2025 General Fund Police department’s operating budget to cover the first year’s cost of $170,302. Subsequent fiscal years’ funding will be requested in the annual budget process. 182a
For Finance Use Only: General Fund (Org. 1012112, Obj. 53200).

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Gaye Lynn Ward, Police Communications Manager

ATTACHMENTS

1. Regional System MOU

2. County IT rate calculator

3. Adopted Resolution

4. Board Letter
182b

VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
This Use Agreement (“Agreement”) shall be effective as of ___________ by and between the County of Ventura (“COUNTY”) and ______ (“AGENCY”). The following terms shall apply:

COUNTY operates, manages, and maintains the Ventura County Regional Radio System (“REGIONAL RADIO SYSTEM”) and all equipment used to communicate on the REGIONAL RADIO SYSTEM. Agency’s use of the REGIONAL RADIO SYSTEM must always be in compliance with the terms of this Agreement and must never hinder the functionality or operation of the REGIONAL RADIO SYSTEM.

Supervision over the provision of County services, the standards of performance and other matters incident to the performance of such services, shall remain with the COUNTY.

1. GENERAL

1.1 AUTHORITY

1.1.1The COUNTY retains ultimate legal and financial responsibility over the REGIONAL RADIO SYSTEM.

1.2 PERIOD OF PERFORMANCE

1.2.1The initial term of this Agreement shall be for a period of one hundred eighty (180) months commencing _______ and expiring at 12:01 a.m. on _________,_______.

1.3 TERMINATION BY COUNTY

1.3.1COUNTY shall have the right to immediately terminate this Agreement if AGENCY: files for voluntary or involuntary bankruptcy for the adjudication of Agency as a debtor; makes a general assignment, or AGENCY’s interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors; does not comply with applicable law. In addition, COUNTY may terminate this Agreement in the event of a material breach of the Agreement by AGENCY if such breach is not cured within thirty (30) days after written notice from COUNTY.

1.3.2Continuation of the Agreement is subject to the appropriation of funding by the COUNTY’s Board of Supervisors. If funds are not appropriated, or if the COUNTY no longer desires to use the REGIONAL RADIO SYSTEM, the 183

VENTURA COUNTY REGIONAL RADIO SYSTEM

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2 COUNTY will provide support and assure full operation for a minimum five (5) years or through the end of this Agreement, whichever comes first. If the COUNTY elect’s early termination of this Agreement, all subscriber fees and any ancillary expenses will be frozen at the current Board approved rate existing at the time of the termination notice.

1.3.3Upon termination of operations by the COUNTY, the COUNTY shall make every effort to reassign the appropriate frequencies to the AGENCY in a manner and timeline to be agreed upon by the participating agencies. In addition, AGENCY may terminate this Agreement in the event of a material breach of the Agreement by COUNTY if such breach is not cured within thirty (30) days after written notice from AGENCY.

1.4 TERMINATION BY AGENCY

1.4.1This Agreement may be terminated by AGENCY effective only on June 30 in any calendar year and with not less than one full year (12 months) written notice to COUNTY, prior to the effective date of termination.

1.5 COUNTY’S REPRESENTATIVE

1.5.1COUNTY appoints its Chief Information Officer, or designee, as its authorized representative to administer this Agreement.

Notices:

Notices required to be given by either party under this Agreement shall be in writing to the following addresses:

COUNTY
County of Ventura
Chief Information Officer
800 South Victoria Avenue #1100
Ventura, CA 93009
AGENCY
<Agency Name>
<Agency Contact Person/Title>
<Agency Address>
<Agency City, ST ZIP>
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USE AGREEMENT
3 1.6 GENERAL

1.6.1This Agreement contains all the terms agreed to by COUNTY and AGENCY related to the subject matter of this Agreement. There shall be no oral or other terms agreed to by the parties. No waiver by either party at any time of any of the terms and conditions of this Agreement shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms of the Agreement. This Agreement may be modified only by a written amendment signed by both parties.

1.6.2COUNTY and AGENCY shall cooperate with each other to reasonably assist in performance of the other party’s obligations under this Agreement.

1.7 INDEMNIFICATION

1.7.1Subject to the terms of this Agreement, AGENCY and COUNTY shall indemnify, defend, and hold harmless each other from any and all liability for any claims, losses, damages, or injuries to persons or property caused by the negligence or intentional acts of the indemnifying party, its agents or employees, arising from or related to this Agreement, including without limitation all Consequential damages.

1.8 GOVERNING LAW

1.8.1The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, will be construed pursuant to and in accordance with the internal laws of the State of California.

1.9 FORCE MAJEURE

1.9.1Neither party shall be responsible for delays or failures in performance resulting from acts beyond such party’s control. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact.

1.9.2COUNTY shall make every reasonable effort to assure public-safety grade reliability of the REGIONAL RADIO SYSTEM. Restoration of service shall be made at the highest level of priority as compared to any other COUNTY communication or data system. Restoration of facilities shall not be dependent on reimbursement or compensation by insurance, grant, disaster declaration, or other outside means.
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VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
4 1.10 GOVERNANCE COMMITTEES

1.10.1The Ventura County Information Technology Services Department will operate and maintain the REGIONAL RADIO SYSTEM. As the governing body for the County, the Board of Supervisors shall have ultimate fiscal and operational control over the REGIONAL RADIO SYSTEM and shall be ultimately responsible for the overall administration and direction of the REGIONAL RADIO SYSTEM through interaction with the GOVERNENCE COMMITTEES.

1.10.2To assist in the administration of the REGIONAL RADIO SYSTEM, an oversight governance committee (OVERSIGHT COMMITTEE) shall be established to provide oversight of the REGIONAL RADIO SYSTEM.

1.10.3The OVERSIGHT COMMITTEE will review all matters relating to the design, build, operation, and maintenance of the REGIONAL RADIO SYSTEM. In addition, this committee will review and approve all requests for new agencies to join the REGIONAL RADIO SYSTEM.

1.10.3.1The OVERSIGHT COMMITTEE shall be made up of one named voting member and their alternate per AGENCY, designated by the AGENCY and submitted in writing to the COUNTY, no later than June 30th each calendar year.

1.10.3.2While the COUNTY may have several agencies using the system, the COUNTY will have one participant and subsequent vote on the OVERSIGHT COMMITTEE.

1.10.3.3The County Chief Information Officer will be a non-voting member in their role as contract administrator.

1.10.3.4The Chairperson and Vice Chairperson of the OVERSIGHT COMMITTEE shall be biennially elected by a majority vote of the committee. The Chairperson and Vice Chairperson shall serve at the discretion of the majority of the OVERSIGHT COMMITTEE. 186

VENTURA COUNTY REGIONAL RADIO SYSTEM

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5 1.10.4The OVERSIGHT COMMITTEE may appoint subcommittees as necessary.

These subcommittees will be chartered with responsibilities, meeting frequencies, etc. Subcommittees will not have any voting rights and should include appointees from each voting AGENCY.

1.10.5Responsibilities of the OVERSIGHT COMMITTEE shall include but not be limited to:

1.10.5.1Meeting quarterly or more frequently, if necessary.

1.10.5.2Developing and approving REGIONAL RADIO SYSTEM operating policies and procedures.

1.10.5.3Identifying participating AGENCY needs and requirements.

1.10.5.4Addressing concerns of participating agencies.

1.10.5.5Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups.

1.10.5.6Establishing subcommittees as necessary to ensure the interests and concerns of the REGIONAL RADIO SYSTEM as represented and to ensure technical issues are thoroughly researched and addressed to the satisfaction of the OVERSIGHT COMMITTEE.

1.10.5.7Monitoring the implementation and management of the REGIONAL RADIO SYSTEM.

1.10.5.8Review and approval of annual rate increases if requested by the COUNTY.

1.10.5.9Making recommendations to the COUNTY Chief Information Officer for presentation to the County Board of Supervisors

1.10.5.10Review technical and financial impacts of potential new customer contracts.
187

VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
6 1.11 Severability

1.11.1Should any provision of this Agreement be determined by a court or regulatory agency of competent jurisdiction to be invalid, illegal or unenforceable, it shall be severed, and the remaining provisions shall not be impaired or affected thereby.

1.12 Assignments

1.12.1This Agreement binds and inures to the benefit of the COUNTY and AGENCY.

It may not be assigned by either party without the express written consent of the other.

1.13 Nondiscrimination

1.13.1The parties agree not to engage in any form of unlawful discrimination because of race, color, national origin, religion, sex, sexual orientation, disability, age, military status, creed, marital status, or any other legally protected status with respect to activities undertaken pursuant to this Agreement.

1.14 Independent Status

1.14.1Each party and its employees and agents, and subcontractors, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the other party. Each party shall be solely responsible for the acts and omissions of its officers, agents, and employees.

Nothing herein shall be considered as creating a legal partnership or joint venture between the parties.

1.15 Publicity

1.15.1Both parties agree to jointly review and approve any public informational releases, including text, layout, photographs, etc., which describe the partnership or activities covered under this Agreement.

1.16 Execution

1.16.1This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together constitute one and the same instrument. Further, this Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“.PDF”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
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7 2. FISCAL MANAGEMENT

2.1 COST APPORTIONMENT & RATE MODIFICATIONS

2.1.1Operating costs associated with the REGIONAL RADIO SYSTEM, including infrastructure and support costs, will be shared proportionately by the participating agencies. Subscriber rates will be based on the County’s actual incurred expense increases in salaries and benefits, overhead, services and supplies. A per unit subscriber rate will be developed by apportioning all costs (system hardware and support costs) based on the total number of mountaintop sites utilized by the participating AGENCY

2.1.2Two subscriber rate plans have been made available to participating agencies, based upon their assumed day-to-day operational needs.

2.1.2.1 Regional Access: Regional access is defined as a single entity that uses up to three sites to operate:

2.1.2.2 Full Access: Full Access is defined as a single entity that uses more than three sites for the majority of their operations.

2.1.3 No later than December 31 of each year the County Chief Information Officer shall prepare and present to the OVERSIGHT COMMITTEE a preliminary budget for the subsequent Fiscal Year. The Preliminary Budget must include all operational and maintenance costs, planned capital costs, and cost distribution methodologies for the upcoming year.

2.1.4The proposed rate offered by the COUNTY includes an annual 4% cost of living increase for salaries and benefits. Should the cost-of-living increase beyond 4%, an additional 2% increase may be considered by the OVERSIGHT COMMITTEE.

2.1.5REGIONAL RADIO SYSTEM rates will be reviewed, adjusted, and approved annually by the Oversight Committee. Once agreed upon by the committee, the new rate schedule will be proposed for adoption by the Ventura County Board of Supervisors. Rate changes will take effect July 1 of each year.

2.1.6COUNTY shall invoice AGENCY each month for the total number of subscribers that they have registered in the system that indicate usage over 5 minutes during the monthly period. The payment shall be due and payable within 30 days of the invoice date.
189

VENTURA COUNTY REGIONAL RADIO SYSTEM

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8 3. SYSTEM DESIGN

3.1 DESIGN OBJECTIVES

3.1.1The REGIONAL RADIO SYSTEM design objectives for the performance of portable and mobile voice and the quality of coverage provided shall be determined by the OVERSIGHT COMMITTEE

3.1.1.1Unless otherwise decided by the OVERSIGHT COMMITTEE it is understood that the REGIONAL RADIO SYSTEM shall be
designed, operated, managed, and maintained to achieve 95% street level coverage reliability measured to and from typical portable radios, used in the system, while on the wearer’s belt and within the area depicted in APPENDIX A. Methodology for both prediction and measurement of such performance shall be in accordance with TIA standard TSB88.

3.1.1.2In the event that the REGIONAL RADIO SYSTEM encounters a sustained degradation of service below the standards set forth in Section 3.1.1.1, the County Chief Information Officer will be responsible for evaluating the issue and proposing a solution(s) to the satisfaction of the OVERSIGHT COMMITTEE.

3.1.2The REGIONAL RADIO SYSTEM shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system.

3.1.2.1Unless otherwise decided by the Oversight committee, the system shall be designed, operated, managed, and maintained to achieve a 2% grade of service (GOS) or better during average daily busy hours, without invoking priority access.

3.1.2.2A 2% grade of service is a standardized method of quantifying the throughput of the REGIONAL RADIO SYSTEM. For every 100
attempts to transmit during the busy hour, no more than 2 attempts are blocked for more than 5 seconds.

3.1.3A list of all features currently supported by the REGIONAL RADIO SYSTEM will be incorporated into APPENDIX B.
190

VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
9 3.2 RADIO COVERAGE & GRADE OF SERVICE

3.2.1It is the intent of the COUNTY to provide radio coverage as depicted in Attachment A. The information depicted in APPENDIX A is a predictive signal propagation map and does not guarantee coverage in all areas outlined.

3.2.2Requests for additional coverage beyond these boundaries may be made to the OVERSIGHT COMMITTEE. Upon approval, the COUNTY will perform an analysis and provide cost estimates.

3.2.3Upon completing any significant repairs and/or upgrades, the COUNTY shall complete system testing to ensure signal propagation remains in alignment with APPENDIX A.

3.2.4Any consideration to add new agencies or specialty features shall be evaluated and approved by the OVERSIGHT COMMITTEE before implementation. When appropriate, evaluation of such proposals shall include a calculation of throughput and GOS for the REGIONAL RADIO SYSTEM.

3.2.5The COUNTY or its agent shall, at a minimum, publish monthly reports to the OVERSIGHT COMMITTEE confirming REGIONAL RADIO SYSTEM
performance to include daily busy hour statistics by talk group, site, zone, and agency. This report will also include an after action reports for any major repair or upgrade activity in the prior month.

3.3 USER PRIORITIZATION & ACCESS

3.3.1In the event regional radio channels are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:

3.3.1.1 Priority One – Emergency Identification. Emergency Identification is defined as the message received when a member calls for immediate assistance by activating an emergency button or switch on the user radio equipment.

3.3.1.2 Priority Two – Public Safety. Public safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster response resources using the REGIONAL RADIO SYSTEM.
191

VENTURA COUNTY REGIONAL RADIO SYSTEM

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10 3.3.1.3 Priority Three –Special Event. Special Event includes planned events involving public service participants that are beyond the scope of their normal daily operations. This includes any special event for public safety organizations such as fundraising, community service, public awareness, etc.

3.3.1.4 Priority Four – Non-Public Safety, Government. Non-Public Safety Government includes normal daily radio transmissions of public services agencies, including but not limited to: Animal Services, Public Transit and Public Utilities.

4. RADIO SYSTEM MANAGEMENT

4.1 SYSTEM MANAGEMNET

4.1.1The COUNTY is responsible for the day-to-day management, operation, and oversight of the REGIONAL RADIO SYSTEM. The County IT Services Staff is responsible for making decisions on issues related to the day-to-day operation of the system and addressing urgent system operations, maintenance, and repair decisions. This includes, but is not limited to, the following:

4.1.1.1Monitoring all radio systems and components for normal operation.

4.1.1.2Physical and logistical security of mountaintop sites, radio system and network.

4.1.1.3Diagnosing system performance, problems, and developing correction action recommendations.

4.1.1.4Dispatching appropriate repair services in the event of a malfunction of system equipment.

4.1.1.5Managing the database elements, including subscriber IDs, talk group IDs, and the various parameters that relate to their effective operation.

4.1.1.6Working with all agencies and their technical staff to diagnose and resolve problems that involve radio operations, maintenance, or repair of the infrastructure equipment.

4.1.1.7Serving as the point of contact (POC) with infrastructure equipment manufacturers for issues related to the radio systems.

4.1.1.8Providing timely information to Agencies on issues that arise, or repair/maintenance issues related to system infrastructure equipment that would affect normal radio operations.
192

VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
11 4.1.1.9Perform preventive system maintenance and administration per vendor’s recommendations.

4.1.1.10Manage all applicable Federal Communications Commission (FCC) licenses authorized to the County.

4.1.1.11Prepare and maintain all system documentation.

4.1.1.12Evaluate new technology for possible cost reduction or service enhancements.

4.1.1.13Set and maintain standards of “Approved Equipment” that access County radio systems.

4.1.1.14Identify and correct private carrier Radio Frequency (RF) related interferences affecting public safety systems.

4.2 TALK GROUPS

4.2.1A talk group is a defined organizational grouping of radio users that need to communicate together. When two or more radio users select the same talk group on their radios, all radio users with that talk group selection hear the transmitted audio. A talk group plan is a summary of all defined radio talk groups. This plan is then used to develop the radio template that is the programming data for the individual radios. The OVERSIGHT COMMITTEE is responsible for the talk group plan including the total number of talk groups. .It may delegate that responsibility to a subcommittee.

4.2.2Talk groups are “owned” by the AGENCY that uses a talk group for primary business operations. Authority to assign or release a talk group for use by other entities resides with the owner of the talk group.

4.2.3Several talk groups will be designated as interoperability talk groups.

Interoperability talk groups are assigned a single AGENCY owner by the County.
193

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12 5. SYSTEM OPERATIONS

5.1 SERVICE LEVEL OBJECTIVES

5.1.1The County IT team that supports the REGIONAL RADIO SYSTEM provides support during normal business hours and after hours/on-call support 24 hours a day, 7 days a week, 365 days per year.

5.1.2The following objectives are currently in place for all existing County radio and microwave systems. These objectives may be modified by the OVERSIGHT COMMITTEE; however, rates may increase based upon the resulting approved OVERSIGHT COMMITTEE changes.

5.1.3Types of expected failures and response time objectives:

5.1.3.1Complete system failure – The County team will engage within 1 hour and will continue to work until service is restored.

5.1.3.2Single site failure – The County team will engage within 1 hour to assess the outage and determine appropriate next steps.

5.1.3.3Feature failures – The County team will respond within 4 hours of the outage and will work under best efforts until resolved.

5.2 SUBSCRIBER UNIT PROGRAMMING

5.2.1The COUNTY will support participating agencies by providing programming handheld and mobile subscriber devices, as needed. Generally, County IT Services Staff will complete programming requests within 7 business days.

5.2.1.1County IT Services staff may limit programming to radios that are FCC certified and P25 compliant and are programmable using software that is readily available and supported by the manufacturer.

5.2.2If a participating AGENCY requires access to another AGENCY’s talk group(s), the requesting AGENCY must obtain written permission from the talk group owner AGENCY and submit that written authorization to the County IT Service Desk for processing.
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VENTURA COUNTY REGIONAL RADIO SYSTEM

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13 5.2.3AGENCY is responsible for the purchase, maintenance, and repair of its own Subscriber Units and related equipment. In addition, the AGENCY will be responsible for the subscriber unit purchase of any optional features regardless of whether they are supported in the REGIONAL RADIO SYSTEM.

5.2.4AGENCY is responsible for the purchase, maintenance, repair, and connection of its consoles to the COUNTY system core.

5.3 SERVICE / SUPPORT REQUESTS

5.3.1For urgent matters, including system outages or service degradation, COUNTY IT Services on-call personnel will respond within 1hour or less to diagnose the problem.

5.3.2Priority will be given to the most impactful issue as determined by the County Chief Information Officer. Multiple IT Services staff (teams) may be deployed to multiple sites simultaneously.

5.3.3The OVERSIGHT COMMITTEE will be convened as soon as possible to discuss and provide its input on priorities if the COUNTY cannot address multiple issues simultaneously.

5.4 SYSTEM STATUS / OUTAGE NOTIFICATIONS

5.4.1COUNTY is responsible for monitoring the REGIONAL RADIO SYSTEM on a 24-hour basis, whether by on-site personnel or by an automated electronic monitoring and notification process. COUNTY shall notify AGENCY’s designated representative in advance of any planned or unplanned maintenance activities affecting AGENCY. Notification of planned maintenance shall be made in accordance with section 6.5.

5.4.2Realtime monitoring of GOS, among other parameters, will be used to determine repair priority levels. Any hardware or software failure that results in a real-time GOS of 5% or greater shall be treated as a major failure immediate repair response.

5.4.3Due to the complexity and distributed administration and maintenance of the REGIONAL RADIO SYSTEM, problems typically occur when changes are made to hardware or software. To keep all representatives informed of any updates, notifications will be sent to all AGENCY representatives, OVERSIGHT COMMITTEE members and any subcommittee members, when the following actions occur:
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14 5.4.4Planned maintenance work is being performed on the REGIONAL RADIO SYSTEM that will impact performance or system operation.

5.4.5Equipment malfunctions or failure occur that affect system performance or operation.

5.4.6Configuration changes in infrastructure equipment or software.

5.5 SYSTEM MAINTENANCE

5.5.1In the event of planned maintenance, the COUNTY will use all efforts to conduct this type of activity during off-peak hours where radio utilization is as low as possible. If an emergency or high priority incident is in progress at the time of scheduled maintenance, it may be necessary for the COUNTY to reschedule or delay the maintenance until the situation has stabilized and can be safely moved to alternate talk groups or channels.

5.5.2Advanced notice of seven (7) business days shall precede planned maintenance activities. The notification methods shall be by phone, email, radio, or any combination of the same. The notification will consist of the type of planned maintenance activity, when the maintenance will be conducted, the amount of time anticipated to complete the activity and the anticipated impact to the REGIONAL RADIO SYSTEM and subsystems.

5.5.3If a known activity has a significant operational impact upon any specific AGENCY, confirmation of receipt of notification shall be obtained. It is the responsibility of the COUNTY to ensure that all Agencies are notified well in advance of any such operations. Whenever possible, these operations shall be scheduled when the normal radio traffic is slowest.

5.6 SYSTEM OUTAGES

5.6.1Upon notification of an equipment outage, COUNTY technical staff is expected to:

5.6.1.1Determine the impact of the impairment to the operation of the REGIONAL RADIO SYSTEM. A minor failure is something that either does not affect or minimally affects user functionality, capacity, or coverage. A major failure is something that seriously affects coverage, capacity, or risks user functionality of the REGIONAL RADIO SYSTEM.
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15 5.6.1.2Determine if there are internal or external factors that alter the priority of system impairment, such as weather, subscriber loading, unique public safety activities or impending events, etc.

5.6.1.3Determine if manual intervention is required. A serious failure requires initiating repair processes regardless of the time of day.

Minor failures can wait until normal business hours or other convenient time before repair.

5.6.1.4Determine if additional external resources are required.

5.7 LOST OR STOLEN EQUIPMENT

5.7.1In the event that a radio programmed on the REGIONAL RADIO SYSTEM is lost, stolen, or missing, the COUNTY shall be notified immediately by the AGENCY. The AGENCY shall report lost/missing radios to the IT Service Desk at [email protected] or 805-658-4357. County personnel will disable and remove the radio from the REGIONAL RADIO SYSTEM within 4 hours

6. FUTURE SYSTEM ENHANCEMENTS

6.1 SYSTEM UPGRADES

6.1.1AGENCY shall make any request for expanded services the OVERSIGHT COMMITTEE. The OVERSIGHT COMMITTEE will review the request and may grant preliminary approval for the AGENCY to work with the COUNTY in evaluating and developing planning for the request.

6.1.2Examples of requests for expanded services include a request to add sites to the network to increase AGENCY’s in-building coverage or to implement a network upgrade in order to receive a new feature. These types of requests require detailed assessment and planning due to their potential technical and rate impacts to all users.

6.1.3The COUNTY will provide the assessment/evaluation information to the AGENCY and if it wants to proceed the AGENCY will present the request to the OVERSIGHT COMMITTEE for review and approval.

6.1.4The OVERSIGHT COMMITTEE may choose to approve the requested enhancement resulting in the revision of the approved rate structure or require the AGENCY to solely pay the full cost of the change without any rate increase. 197

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16 6.1.5All submitted requests for improvement will require a technical review to ensure that no agency is subject to negative impacts to operations and if there are negative impacts, there is a mitigation plan developed and included in the plan that is acceptable to all affected partners.

6.1.6If the OVERSIGHT COMMITTEE fails to identify a funding strategy for the proposed upgrade, The County reserves the right to veto the proposed change. 198

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17 COUNTY OF VENTURA AGENCY

PRINTED NAME PRINTED NAME

SIGNATURE DATE SIGNATURE DATE
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18 APPENDIX A: PREDICTED COVERAGE MAPS

MOBILE COVERAGE MAP
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19 PORTABLE COVERAGE MAP
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20 APPENDIX B: REGIONAL RADIO FEATURE LIST
Radio Requirements
•FCC approved, P25 capable mobile or portable radio capable of operating on the 700mHz band.
•P25 9600 baud trunking enabled
•TDMA Enabled
Optional Features Supported
•Encryption (AES)
•Emergency trigger enablement
•Motorola Smart Connect, including LTE and WiFi connectivity •Motorola Smart Mapping
•Motorola Smart Locate
•Motorola OTAP
202
FY 2022-23 FY 2023-24
Regional Radio - Full Access Per Registered Radio -$ 146.17$ Regional Radio - Regional Access Per Registered Radio -$ 19.96$ Subscribing entities may maintain an agreed upon number of radios as indicated in their MOA as stand by radios. If such radios exceed 5 minutes of usage in each month, the subscribing entity will be billed for that radio.

FY 2023-24 INFORMATION TECHNOLOGY SERVICES AND NETWORK SERVICES RATES Service Rates per MonthUnit of MeasureService
203
204
COUNTY cf VENTURA INFORMATION TECHNOLOGY SERVICES
Terrence Theobald
Chief Information Officer
September 26, 2023
Board of Supervisors
County of Ventura
800 South Victoria Avenue
Ventura, California 93009
SUBJECT:

Public Hearing Regarding Adoption of a Resolution Establishing the Regional Radio Subscription Rates for the Regional Radio System for the County of Ventura for Fiscal Year 2023-2024, Effective October 1, 2023; and, for the Ventura County Chief Information Officer ("CIO") or Designee to Execute Memorandums of Agreement with Regional Partners that will Subscribe to Utilization of the Regional Radio System, Subject to County Counsel's Approval.

RECOMMENDATIONS:

1. Adopt the attached Resolution establishing the regional radio subscription rates for the Regional Radio System for Ventura County for fiscal year 2023-2024, effective October 1, 2023.

2. Authorize the CIO, or designee to execute Memorandums of Agreement ("MOA") with the regional partners that will subscribe to the utilization of the Regional Radio System, subject to County Counsel's approval.

FISCAL/MANDATES IMPACTS:

Mandatory:

Source of Funding:

Funding Match Required:

Impact on Other Departments:

No
9712 - Revenue
No
None
SUMMARY OF REVENUES AND COSTS:

Revenues:

Costs:

Direct
Indirect-Dept
Indirect-County CAP
Total Cost
Net County Cost
Recovered Indirect Costs
FY2023-24
$2,600,322
$2,600,322
$0
$0
FY2024-25
$3,467,096
$3,467,096
$0
$0
$2,600,322
$0
$0
$3,467,096
$0
$0
1957-A Eastman Avenue, Ventura, California 93003 (805) 654-3540 - FAX: (805) 654-3394 205
Board of Supervisors
September 26, 2023

FY 2023-24 Budoet Proiection for 4850 ITS Network Services Adopted Adjusted Projected Estimated
Budget Budget Budget Savings/(Deficit)
Appropriations $25,237,194 $25,237,194 $25,237,194 $0
Revenue $25,237,194 $25,237,194 $25,237,194 $0
Operatinq Gain/(Loss) $0 $0 $0 $0
Includes lease payments, interfund and capital asset related expenses.

DISCUSSION:

In 2015, your Board approved a letter to the Federal Communications Commission (FCC) expressing support for the County of Ventura's plan to develop a countywide 700MHz regional radio network. This project was conceived to enhance multi-agency interoperability and provide greater channel capacity over the existing very high frequency (VHF) system. With your Board's support, Ventura County Information Technology Services (ITS) secured 56 frequencies within the 700 MHz spectrum. In 2016, ITS provided a five-year slow growth plan to the FCC, which was subsequently approved.

Currently this plan provisions six sites to expand the 700MHz Regional Radio system:

South Mountain East, South Mountain West, Hall Mountain, Laguna Peak, Torrey Hill, and Rocketdyne.

On June 20, 2023, your Board approved a contract with Motorola to complete the remaining sites. Since this network is specifically designed to provide a regionally integrated communications platform, ITS has communicated with the Sheriff's Office, Probation, District Attorney's Office, Fire Protection District (FPO), and all the incorporated cities within Ventura County regarding this future radio network. The cities of Oxnard and Ventura plan to have their Police Departments use the system, and other cities are also considering the use of this system.

The County has sixteen towers located throughout the region. It has been determined that the County partners will utilize three (3) of the towers within their geographic area.

Therefore, a rate model has been developed to provide "Regional Access" and "Full Access" rate. The full access users must pay a rate that is the sum of the regional access rate, and the full access rate. The cost base for the rate calculation utilizes a 10-year average of expenses. The average is utilized to smooth the rate as depreciation, maintenance, and software update costs will begin in approximately year six of the projection. The proposed rates are calculated with only the known contracting entities as the subscribers. As new entities contract with the regional radio system, this will increase the number of subscribers and therefore reduce the rate. The rate will be adjusted either annually, or as outlined in the memorandums of agreement with the external partners.

The methodology utilized to develop this rate has been reviewed and approved by the Auditor-Controller's Office. Thus, ITS requests that your Board adopt a resolution establishing the regional radio subscription rates for the County of Ventura for fiscal year 2023-2024 effective on October 1, 2023, and authorize the CIO, or designee, to sign MOAs with the regional partners that will subscribe to the utilization of the Regional Radio System, subject to County Counsel's approval.

INFORMATION TECHNOLOGY SERVICES L#1100
(805) 654-3540 • FAX (805) 654-3394 • 1957-A Eastman Avenue, Ventura, CA 93003 206
Board of Supervisors
September 26, 2023

ITS has agreed to waive the subscription fees for FPO for 12 months from adoption of the regional radio rate due to FPD's prior contributions towards the project in excess of $4 million dollars. FPO currently has radios registered to the 700 MHZ system for test purposes and that would prompt charging the regional radio subscription rate. However, FPO purchased the Core for the 700 MHZ system (approximately $4 million) and is upgrading the tower at their site at their expense. FPO also contributed $375,000 towards the upgrade of the South Mountain site last year, specifically for the 700 MHZ system.

Lastly, FPO is not fully committed to 700 MHZ at this time and this waiver will provide time to determine if they will proceed. FPO will need to decide if they will subscribe to the regional radio system and pay the rate or discontinue the use of the registered radios on the regional radio network.

Your Board's approval is also requested to authorize the CIO to sign the Memorandums of Agreement with the subscribing entities subject to County Counsel review and approval. Within the agreements, there will be an agreed upon number of radios that will be designated as stand-by radios. If the stand-by radios exceed five (5) minutes of usage each month, the subscribing entity will be billed for those radios.

In accordance with state law, the Office of the Clerk of the Board has issued a public notice for the public hearing on establishing the regional radio subscription rates for the Regional Radio System for Ventura County for fiscal year 2023-2024 effective October 1, 2023.

This item has been reviewed by the County Executive Office, County Counsel, General Services Agency - Procurement, and the Auditor-Controller's Office. If you have any questions, please contact me at (805) 654-2744.

Sincerely,
~ ~ TERRENCE THEOBALD ·· ..

Chief Information Officer
Information Technology Services
TT/TY:dc
Attachments: Resolution
Exhibit 1 - ITS Regional Radio Rate Schedule
INFORMATION TECHNOLOGY SERVICES L#1100
(805) 654-3540 • FAX (805) 654-3394 • 1957-A Eastman Avenue, Ventura, CA 93003 207

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: July 16, 2024

TO: City Council

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

SUBJECT: MOU Agreement with Ventura County District Attorney's Office for Internet Crimes Against Children Investigations.

RECOMMENDATION

That the City Council approve and authorize the Mayor to sign a three-year agreement with the Ventura County District Attorney’s Office, with a total agreement amount not to exceed $494,544 for the collaborative partnership between the Police Department and Ventura County District Attorney’s Office for the detection, investigation, and prosecution of Internet Crimes Against Children (ICAC) cases.

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

BACKGROUND

Oxnard is the largest city in Ventura County and has the highest number of Internet Crimes Against Children Cases (ICAC). ICAC cases are generally reported through cybertips. A cybertip is a designated reporting mechanism for the public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. In 2022, the Police Department received over 327 cybertips for the exploitation of children. In 2023, the Police Department received over 308 cybertips for the exploitation of children.

The Police Department and the Ventura County District Attorney’s Office (VCDAO) are committed to the aggressive investigation and prosecution of criminal cases involving the sexual exploitation of children. A collaborative relationship between the Police Department and VCDAO will enhance the successful detection, investigation, and prosecution of ICAC cases.

The VCDAO has two units within its Bureau of Investigation uniquely qualified to investigate ICAC cases. This memorandum of understanding (MOU) establishes a three-year agreement between the Police Department and the VCDAO whereby the VCDAO agrees to investigate ICAC cases committed or believed to be committed in Oxnard.

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

The total amount of this agreement is $494,544. The agreement is for a three (3) year term. The total cost for the first year is $160,000. The second year's annual costs are $164,800. The third-year's annual cost is $169,744. Funding for FY2024-25 is included in the adopted FY2024-25 Budget. Funding for subsequent years will be requested in the respective annual budgets.
208

For Finance use only: General Fund (Org. 1012121, Obj. 53200)

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 2-0 on June 25, 2024, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Dale McAlpine, Sergeant

ATTACHMENTS

1. OPDDA ICAC MOU Contract#32500053

2. OPD DA ICAC MOU Agreement Presentation

209

MEMORANDUM OF UNDERSTANDING
FOR

ICAC INVESTIGATIONS FOR OXNARD POLICE DEPARTMENT
July 17, 2024
I. Purpose and Intent:

Ventura County, by and through the Ventura County District Attorney’s Office (hereinafter “DAO”) is committed to the aggressive investigation and prosecution of criminal cases involving the sexual exploitation of children. The DAO has two units within the Bureau of Investigation that are uniquely qualified to investigate internet crimes against children (“ICAC”). The city of Oxnard is the largest city in Ventura County and has the highest number of reported ICAC cases. A collaborative relationship between the city of Oxnard by and through the Oxnard Police Department (hereinafter “OPD”) and the DAO will enhance the successful detection, investigation, and prosecution of ICAC cases. This memorandum of understanding (“MOU”) establishes a three-year agreement between the DAO and the OPD whereby the DAO agrees to investigate ICAC cases that are committed, or believed to be committed, in OPD’s jurisdiction. As set forth below, OPD agrees to partially offset the cost of a District Attorney Investigator II’s (“DAI II ”) salary and benefits. Within this MOU, the DAO and OPD are sometimes referred to collectively as “Parties” or singularly as “Party”.

II. District Attorney Responsibilities
The DAO agrees to:

A. Assign a qualified DAI II to review and investigate National Center for Missing and Exploited Children (“NCMEC”) Cybertips that are reasonably believed to fall within the jurisdiction of the Oxnard Police Department. NCMEC Cybertips are notifications from internet providers and members of the public regarding suspicious activity involving child sexual abuse material, soliciting of minors for sexual abuse, and enticing minors for purposes of sexual abuse. NCMEC Cybertips are responsible for the vast majority of ICAC investigations. The assigned DAI will strive to devote a minimum of sixty-six percent of his/her normal work hours to OPD cases that fall within this agreement.

B. Conduct proactive and reactive ICAC-related operations by focusing on known child- related sex offenders or locating possible victims of child sexual exploitation with an emphasis on the City of Oxnard and surrounding areas. Operations may include undercover chat, BitTorrent / Peer-to-peer investigation, and Supervised Release compliance checks.

The assigned DAI II will also work with the OPD to provide community presentations and law enforcement training related to crimes associated with the sexual exploitation of children.

C. The DAO will notify the OPD should this position become vacant during the term of this agreement. Upon notice of vacancy, DAO will apprise OPD of the steps being taken to fill the position as expeditiously as possible, as well as how the duties of the vacated position are being assumed by remaining staff.

Agreement # 32500053
210
Memorandum of Understanding
Investigation of ICAC Cases
DA – OPD

D. The DAO will have the primary responsibility of issuing any press releases, social media posts, or informational fliers directly related to an ICAC related investigation conducted primarily by the DAO within the city of Oxnard or impacting victims therein.

III. OPD Responsibilities
The OPD agrees to:

A. In situations where the DAI II, during the course of their duties, encounters a child victim of sexual exploitation within the city of Oxnard, the OPD’s Family Protection Unit (FPU) shall have the primary responsibility of interviewing the child, ensuring a medical-legal examination is performed (as needed), coordinating with Child Protective Services, securing and booking related evidence, and assisting the DAI II with any subsequent search warrant services, contacting the suspect, and booking/transporting the suspect, if necessary.

B. Provide police resources for search warrant services within the city of Oxnard on ICAC related investigations at the request of the DAO Supervisor and with the approval of the OPD FPU supervisor.

C. Remain the primary investigative unit for human trafficking investigations that are not directly related to a NCMEC Cybertip.

IV. Mutual Responsibilities
The OPD and the DAO agree to:

A. Establish mutually satisfactory methods for the exchange of such information as may be necessary for each party to perform its duties and functions under this agreement.

B. Establish appropriate procedures to ensure all information is safeguarded from improper disclosure in accordance with applicable state and federal laws and regulations.

C. Resolve problems at the lowest level possible, while bringing issues through respective chains of command for resolution only as necessary.

D. The County of Ventura commits to developing, nurturing and sustaining an equitable community; pledges to amplify the voices of under-represented communities or those who were historically excluded by removing barriers that result from racial and social injustice and inequities; strives to ensure that equity, diversity and inclusion practices are embedded at all levels of Ventura County programs, departments, service providers and stakeholders through acknowledging, analyzing and addressing the root causes of inequities; and strives to create an inclusive environment where every community member feels welcome. Parties agree that all individuals providing or receiving services or support under this agreement shall enjoy equal treatment and that no individual shall be subjected to different treatment on the grounds of race, color or national origin, religious affiliation or non-affiliation, sex, 211
Memorandum of Understanding
Investigation of ICAC Cases
DA – OPD

age, disability, or political affiliation, or be subjected to discrimination under this agreement.

V. Fiscal and Program Provisions
A. OPD agrees to fund this position (DAI II) in the amount of $160,000 in the first year of the agreement, $164,800 in the second year, and $169,744 in the third year of the MOU.

B. Direct costs for salaries and benefits will be recorded in an identifiable accounting unit and will utilize “time studies” completed on a continuous basis during the quarterly claiming period. All time studies are the responsibility of the DAO and must be retained for future federal, State, and County audit purposes.

C. The OPD shall reimburse DAO for services specified in this agreement quarterly. The DAO shall submit quarterly claims over the 12-month period, within 30 days after the end of each quarter. Under normal conditions, payments should be released by the OPD through its Fiscal Services approximately thirty (30) days after receipt of valid claiming information.

The DAO agrees that reimbursement for services furnished under this agreement represents payment in full for said service.

D. The DAO shall not seek reimbursement from OPD for any service reimbursed in whole or in part by any other non-County payor.

E. If the DAO is not in material compliance with any provision of this MOU, the OPD may withhold payment until suitable compliance is documented. Any disputes shall be resolved consistent with Section IV subd. C of this MOU. Under no circumstances will any prosecutorial decision, such as declining to prosecute, be a basis for withholding reimbursement by OPD.

VI. Right to Monitor and Audit
A. The DAO shall keep fiscal records in accordance with generally accepted accounting procedures.

B. The DAO shall maintain service delivery, fiscal, statistical, and management records pertaining to services provided to the OPD consistent with existing legal requirements for record retention.

C. Records shall be available for examination and audit over the 12-month period after final payment under the agreement or until any audits commenced within the aforementioned period are completed and settled, whichever is later. Program data shall be retained and made available upon request or turned over to the OPD.

D. Nothing in this section shall be construed as creating a right to inspect an investigative or prosecutorial file of the DAO. By entering into this MOU, the DAO does not waive any 212
Memorandum of Understanding
Investigation of ICAC Cases
DA – OPD

confidentiality, attorney work product, investigatory and/or any other privileges in relation to its investigative and/or prosecutorial files.

VII. Confidentiality
A. All police records under this agreement shall be confidential and will not be open to examination for any purpose not directly connected with a criminal investigation.

B. Nothing in this Article relieves the OPD, the DAO or their employees of the obligation to make reports or disclosures mandated by laws and regulations of the State of California or any federal law. If such reports or disclosures are mandated, the subject party will use reasonable efforts to notify the other party in advance of any disclosure request.

VIII. General Terms
A. Term. The term of this MOU is from July 1, 2024, through June 30, 2027. Each party shall have the right to terminate this MOU upon 60 days prior written notice to the other party.

B. Amendment. This MOU may only be amended by mutual consent of both Parties in writing.

C. Entire Understanding. The Parties agree that the MOU contains all terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of the MOU shall be deemed to exist or to bind either Party.

D. Legal Compliance. The parties agree to comply with all rules, regulations, requirements, and directives of the State of California.

E. Prosecutorial Independence. Nothing in this MOU should be construed as compromising the DAO’s independence in charging and other prosecutorial decisions.

F. Risk Allocation. The Parties waive the per capita risk allocation set forth in Government Code section 895.6. Instead, the Parties agree that if one of them is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of this MOU, the Parties' respective pro rata shares in satisfaction of the judgment will be determined by applying principles of comparative fault.

G. Mutual Indemnity. To the fullest extent allowed by law, the Parties mutually agree to indemnify, defend and hold harmless each other, inclusive of their respective boards, officers, employees, and agents (“Indemnitees”), against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, that arise out of, pertain to, or relate to a Party’s respective actions or omissions performed pursuant to or in furtherance of this MOU; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense to the extent arising from (i) the sole negligence or willful 213
Memorandum of Understanding
Investigation of ICAC Cases
DA – OPD

misconduct of the other Party, its agents, servants, or independent contractors who are directly responsible to that Party, or (ii) the active negligence of the other Party.

H. Interpretation of MOU. For purposes of construction, this MOU shall be deemed to have been drafted by all Parties, and no ambiguity shall be resolved against any Party by virtue of the Party’s participation in the drafting of the MOU.

I. Counterparts. This MOU may be executed in one or more counterparts (including multiple signature pages), all of which shall be deemed to be one instrument. True and correct copies may be used in lieu of the original.

J. Third-Party Beneficiary. No person or entity other than the Parties hereto shall have any right of action under this MOU. No claims, demands, or causes of action by any entity, party, or person claiming to be a third-party beneficiary hereunder are enforceable.

IX. ASSURANCE OF NONDISCRIMINATION STATEMENT:

The Parties will comply with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title ll of the Americans With Disabilities Act of 1990; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended; and California Civil Code, Section 51 et seq., as amended; California Government Code, Section 11135 et seq., as amended; and California Government Code, Section 4450; and other applicable federal and state laws and their implementing regulations to ensure that the administration of public assistance and social services programs are nondiscriminatory, and that no person shall, because of race, color, national origin, political affiliation, religion, marital status, sex, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance.
214
Memorandum of Understanding
Investigation of ICAC Cases
DA – OPD

COUNTY OF VENTURA,
DISTRICT ATTORNEY’S OFFICE
__________________________________
Erik Nasarenko, District Attorney
____________________
Date

CITY OF OXNARD,

__________________________________
John Zaragoza, Mayor
____________________
Date

CITY OF OXNARD,

OXNARD POLICE DEPARTMENT
__________________________________
Jason Benites, Chief
____________________
Date
215
MOU Agreement with Ventura County District Attorney's Office for ICAC InvestigationsJason Benites, Police ChiefCity CouncilJuly 16 , 2024 216
That the City Council: Approve and authorize the Mayor to sign a three-year agreement with the Ventura County District Attorney’s Office, with a total agreement amount not to exceed $494,544 for the collaborative partnership between the Police Department and Ventura County District Attorney’s Office for the detection, investigation, and prosecution of Internet Crimes Against Children (ICAC) cases.

RECOMMENDATION2
217
Oxnard is the largest city in Ventura County and has the highest number of Internet Crimes Against Children Cases (ICAC). ICAC cases are generally reported through cybertips. A cybertip is a designated reporting mechanism for the public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. BACKGROUND3 218
In 2022, the Police Department received over 327 cybertips for the exploitation of children. In 2023, the Police Department received over 308 cybertips for the exploitation of children. The Police Department and the Ventura County District Attorney’s Office (VCDAO) are committed to the aggressive investigation and prosecution of criminal cases involving the sexual exploitation of children.BACKGROUND4 219
A collaborative relationship between the Police Department and VCDAO will enhance the successful detection, investigation, and prosecution of ICAC cases. The VCDAO has two units within its Bureau of Investigation uniquely qualified to investigate ICAC cases.This memorandum of understanding (MOU) establishes a three-year agreement between the Police Department and the VCDAO whereby the VCDAO agrees to investigate ICAC cases committed or believed to be committed in Oxnard.

BACKGROUND5
220
The total amount of this agreement is $494,544. The agreement will be budgeted under the General Fund from account 1012121-53200 for services over a three (3) year term. The total cost for the first year is $160,000. The second year's annual costs are $164,800. The third-year annual cost is $169,744.FINANCIAL IMPACT6 221
QUESTIONS7
222

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Adoption of an Ordinance Prohibiting City Subsidy of Services Previously Funded by a Special District Under Specific Circumstances.

RECOMMENDATION

That the City Council adopt an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE VIII TO CHAPTER 2

OF THE OXNARD CITY CODE TO PROHIBIT THE CITY FROM SUBSIDIZING SERVICES PREVIOUSLY

FUNDED BY A COMMUNITY FACILITIES DISTRICT, LANDSCAPE MAINTENANCE DISTRICT OR

WATERWAYS ASSESSMENT DISTRICT IF RESIDENTS OF THOSE SPECIAL DISTRICTS VOTE TO

TERMINATE OR REDUCE SUCH FUNDING

BACKGROUND

Many newer developments within the City of Oxnard have substantially greater amenities than older neighborhoods. The newer developments contain these enhanced amenities because, before they were built, a Community Facilities District (CFD), Landscape Management District (LMD) or Waterways Assessment District (WAD) was formed to fund the maintenance of these enhanced amenities and – in some cases – enhanced services.

While property owners within these developments pay extra taxes or assessments imposed by the special districts, the residents enjoy enhanced amenities that do not exist in older neighborhoods that do not pay additional taxes or assessments. The City would not have approved these newer developments without a CFD, LMD or WAD to pay for these enhanced amenities that do not exist in other neighborhoods.

If residents of a newer development with a special district choose to eliminate or reduce their CFD, LMD or WAD taxes or assessments, then the maintenance of these enhanced amenities and (in some cases) services should not be funded by the residents of the City as a whole. If the residents of the City were to fund these enhanced amenities due to the elimination or reduction in specific CFD, LMD or WAD taxes or assessments, then this would require cutting existing citywide services.

The proposed ordinance would amend the Oxnard City Code to prohibit the use of funding from the General Fund or other City-controlled funding sources to make up for the loss of the CFD, LMD or WAD funding that resulted from the residents within that special district voting to terminate or reduce the special district’s funding. Under the proposed regulations, the only exception to such prohibition would be when use of City funding is required to protect the public health, safety and welfare.

The proposed ordinance was introduced by the City Council on July 2, 2024, by a unanimous vote of 6-0. If adopted, the ordinance would take effect 30 days after adoption.

STRATEGIC PRIORITIES
223

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 approving 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. Ordinance

224
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE VIII TO CHAPTER 2 OF THE OXNARD CITY CODE TO PROHIBIT THE

CITY FROM SUBSIDIZING SERVICES PREVIOUSLY FUNDED BY A

COMMUNITY FACILITIES DISTRICT, LANDSCAPE MAINTENANCE DISTRICT

OR WATERWAYS ASSESSMENT DISTRICT IF RESIDENTS OF THOSE SPECIAL

DISTRICTS VOTE TO TERMINATE OR SUBSTANTIALLY REDUCE FUNDING

FOR SUCH SERVICES
WHEREAS, many newer developments within the City of Oxnard have substantially greater amenities than older neighborhoods within the City; and WHEREAS, the newer developments contain these enhanced amenities because – before they were built – a Community Facilities District (CFD), Landscape Management District (LMD) or Waterways Assessment District (WAD) was formed to fund the maintenance of these enhanced amenities and – in some cases – services; and WHEREAS, although the property owners of these developments pay the higher taxes or assessments imposed by the special districts, the residents of these developments enjoy enhanced amenities that do not exist in older neighborhoods that do not pay the additional taxes or assessments; and
WHEREAS, the City would not have approved these newer developments without a CFD, LMD or WAD paying for these enhanced amenities that do not exist in other neighborhoods; and
WHEREAS, if the residents of a newer development with a special district choose to eliminate or substantially reduce their CFD, LMD or WAD taxes or assessments, then the maintenance of these enhanced amenities and – in some cases – services should not be funded by the residents of the City as a whole; and
WHEREAS, if the residents of the City were to fund these enhanced amenities due to the elimination or substantial reduction in specific CFD, LMD or WAD taxes or assessments, then this would require cutting existing citywide services; and WHEREAS, the City Council wishes to enact new regulations that would prohibit City subsidy of a special district’s services that were previously funded by that special district unless such funding is necessary to protect the public health, safety and welfare. 225

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

Section 1. The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this Ordinance.

Section 2. Article VIII is hereby added to Chapter 2 of the Oxnard City Code to read as follows:
“ARTICLE VIII. PROHIBITION OF CITY SUBSIDY OF COMMUNITY

FACILITIES DISTRICT, LANDSCAPE MAINTENANCE DISTRICT AND

WATERWAYS ASSESSMENT DISTRICT SERVICES
Section 2-255. PROHIBITION OF CITY SUBSIDY OF COMMUNITY

FACILITIES DISTRICT, LANDSCAPE MAINTENANCE DISTRICT AND

WATERWAYS ASSESSMENT DISTRICT SERVICES IN SPECIFIC
CIRCUMSTANCES.

If residents within a Community Facilities District (CFD), Landscape Maintenance District (LMD) or Waterways Assessment District (WAD) vote to terminate or substantially reduce the funding for their CFD, LMD or WAD, then the City Council is prohibited from using money from General Fund or other City-controlled funding sources to make up for the loss of the CFD, LMD or WAD funding. The only exception to this prohibition is when specific services are required to be provided in order to protect the public health, safety and welfare.”
Section 3. Severability.

If any section, sentence, clause or phrase of this Ordinance 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 Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each 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.

Section 4. 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 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. 226
Section 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (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 July 2, 2024, finally adopted on July 16, 2024, to become effective thirty (30) days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
John C. Zaragoza, Mayor
ATTEST:
__________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Attorney
227

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. L.1

DATE: July 16, 2024

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Subdivision of a 3.69-acre lot into nine lots to permit the individual sale of the proposed eight buildings on separate lots within a commonly owned parcel, located at 1750 Solar Drive (APN: 213-0-070- 055). (15 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing;

2. Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-fill Development); and,

3. Adopt a Resolution approving Planning and Zoning Permit No. 22-300-02 for a Tentative Subdivision Map (Tentative Tract Map No. 6078), subject to certain findings and conditions.

(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/jU9xFiX5p5s

BACKGROUND

The project site is located east of Rice Avenue between Gonzales Road and Latigo Avenue. The 3.69-acre project site is currently improved with a surface parking lot (permitted by Development Design Review (DDR) Permit No. 96-5-14).

For more information regarding the project and previous developments on the subject property, please refer to the Planning Commission Staff Report (Attachment 3). The project was filed by Martin Teitelbaum on behalf of Solar Pacific Investors, 29601 Agoura Road, Agoura Hills, CA 91301, property owner.

On June 6, 2024, the Planning Commission found the project exempt from CEQA and approved the project 6-0, with one Commissioner recusal. The Planning Commission’s approval included the adoption of Resolution No. 2024-14 approving Planning and Zoning Permit No. 23-500-05 for a Special Use Permit and the adoption of Resolution No. 2024-15 recommending the City Council approve Planning and Zoning Permit No. 22-300-02 for a Tentative Subdivision Map (Tentative Tract Map No. 6078), subject to certain findings and conditions. With the Planning Commission approval of the project (the Special Use Permit is required with an industrial subdivision pursuant to Oxnard City Code (OCC) Section 16-395) on June 6, 2024, the only remaining item needing action before the City Council is the Tentative Subdivision Map.

DISCUSSION

The Special Use Permit will allow for the construction of eight (8) new buildings and associated improvements. Approval of the Tentative Subdivision Map will allow the subdivision of the property to create one lot for common area (containing 228
parking, driveways, landscaping and pedestrian pathways), eight (8) individual lots, each with a building, to allow the individual sale of the lots, subject to City Council approval (Attachment 2). Planning Commission Resolution No. 2024- 15 includes Conditions of Approval (COA) for the tentative map. For a complete list of conditions, please refer to Planning Commission Resolution No. 2024-15 (Attachment 4).

In accordance with Division 2 of Chapter 15 “Subdivision Ordinance” of the Oxnard City Code, the City Council is the final decision-making body for subdivision applications. As proposed, the subdivision complies with the minimum standards of the Business and Research Park (BRP) zone. For more information regarding the Business and Research Park (BRP) zone standards, please refer to Section 6c of the Planning Commission Staff Report (Attachment 3).

Site Design

Access to the site will be provided from the corner of Solar Drive and Wankel Way via a private driveway. Lot A of the proposed subdivision is a common space lot and contains all of the parking and driveways, which will be shared with all the lots. The access, driveways, parking, landscaping and other development standards were approved by the Special Use Permit that has been processed concurrently with this subdivision and is required pursuant to Oxnard City Code (OCC) Section 16-395. For more information regarding the proposed site design of the tentative map, please refer to Section 6d of the Planning Commission Staff Report (Attachment 3).

Environmental Review

In accordance with Section 15332 (Class 32, In-fill Development) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as in-fill development may be found to be exempt from the requirements of the CEQA.

As identified in the draft Resolution prepared for this request and as recommended by the Planning Commission, the project can be characterized as in-fill development and meets the requirement of a Class 32 Categorical Exemption. The Planning Commission found there is no substantial evidence that the project may have a significant effect on the environment. The Commission recommends that the City Council find the project to be Categorically Exempt from environmental review pursuant to the CEQA Guidelines Section 15332 (In-fill Development) and direct the Planning & Environmental Services Manager to file a Notice of Exemption (Attachment 5) with the Ventura County Clerk pursuant to Section 15062 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of the project.

STRATEGIC PRIORITIES

This agenda item supports the Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce and inviting new business investments.

FINANCIAL IMPACT

The approval of the map provides the opportunity for development of a lot currently used as a surface parking lot. If approved, the eight buildings on individual lots will allow for increased property tax revenue to the City, as well as an increase in new businesses.

COMMITTEE OUTCOME

This project did not originate in one of the City Council Committees and this is a public hearing for a project application that was considered by the Planning Commission. On June 6, 2024, the Planning Commission took action and adopted Resolution No. 2024-15 recommending that the City Council approve Planning and Zoning Permit No. 22-300-02 (Tentative Subdivision Map), subject to certain findings and conditions.

Prepared by: Kaneca Pompey, Contract Planner, Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Maps (Vicinity, General Plan, Zoning, Aerial)

2. Reduced Project Plans

3. Planning Commission Staff Report June 6, 2024 (no attachments) 229

4. Planning Commission Resolution No. 2024-15

5. Solar Pacific Map CEQA Notice of Exemption

6. Solar Pacific Map Draft Resolution

7. Staff Presentation

230
231
232
233
234
TENTATIVE TRACT MAP NO. 6078
235
236
237
238

SITEPROJECT
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COMMUNITYDEVELOPMENTDIRECTORSTAFFREPORT
TO: PlanningCommission
FROM: KanecaPompey,ContractPlanner
DATE: June6,2024
SUBJECT: ProjectName:SolarPacificProfessionalDevelopment;PlanningandZoningPermitNo.23-500-05(SpecialUsePermit)and22-300-02(TentativeTractMap):Locatedat1750SolarDrive(APN:213-0-070-055). 1) Recommendation:ThatthePlanningCommission(“Commission”):a) FindtheProjecttobeCategoricallyExemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSection15332(In-FillDevelopment),andb) AdoptResolution2024-XXrecommendingtheCityCouncilApprovePlanningandZoningPermitNo.23-300-02(TentativeTractMap6078),subjecttocertainfindingsandconditions,andc) AdoptResolution2024-XXApprovingPlanningandZoningPermitNo.23-500-05(SpecialUsePermit),subjecttocertainfindingsandconditions. 2) ProjectDescriptionandApplicant:Arequesttoconstructamedicalofficecomplex,consistingofeightsingle-storybuildings.Theeight-buildingdevelopmentwilltotalapproximately40,000squarefeetwithbuildingareasrangingbetween3,008and8,519squarefeet. Theprojectalsoincludestherequestforatentative subdivisionmapproposedtosubdividethe3.69acresiteintonineparcelsandpermittheindividualsaleoftheeightbuildingsthatareproposedonseparatelotswithina commonlyownedparcel(containingparking,driveways,landscapingandpedestrianpathways).TheProjectislocatedat1750SolarDrive(APN:213-0-070-055)withintheBusiness&ResearchPark(BRP)zone(AttachmentA).Forpurposesofthisstaffreport,theforegoingprojectdescriptionshallbereferredtoasthe“Project”. FiledMartinTeitelbaum,29601AgouraRoad,AgouraHills,CA91301,designatedagent(the“Applicant”)onbehalfofSolarPacificInvestors,29601AgouraRoad,AgouraHills,CA91301,propertyowner.

PleaseseethereducedProjectplans(AttachmentB)formoredetails. 3) Existing& SurroundingLandUses:TheProjectsiteiscurrentlyimprovedwithasurfaceparkinglot.Officeusesarelocatedtothenorthwestandnortheastofthesite.ThefollowingtablesummarizesthelandusesandzoningdesignationoftheProjectsiteandadjacentproperties,whicharealsoillustratedbelowinExhibitA. 257
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page2of7

LOCATIONGENERALPLAN ZONING EXISTINGLANDUSE
ProjectSite BusinessResearchPark(BRP)
Business&ResearchPark(BRP)
Surfaceparkinglot
North BusinessResearchPark(BRP)
Business&ResearchPark(BRP)
AdultSchool
South IndustrialLimited(ILM)
Limitedmanufacturing(M-L)
Industrialbuilding
East IndustrialLight(ILT) Lightmanufacturing-PlannedDevelopment(M-1-PD) Vacant/Undeveloped
West BusinessResearchPark(BRP)
Business&ResearchPark(BRP)
Industrialbuilding
4) BackgroundInformation:Theproposeddevelopmentis withintheBusinessandResearchParkzone.PursuanttoSection16-160oftheOxnardCityCodeCode,theBRPzoneallowsindustriallanduses,includingbutnotlimitedtoprofessional,administrative,andresearch,limitedmanufacturingusesalongwithlimitedcommercialactivitiesintendedtosupportsuchuses.

TheexistingparkinglotwasapprovedonApril25,1996,underPZ96-5-14.Theparkinglotwasapprovedtoprovideadditionalparkingforthedevelopmenttothenorth(1800SolarDrive).Thisparkingwasnotapartoftherequiredparkingforthedevelopment,andthereforethedevelopmentofthispropertydoesnotimpactthecomplianceofthepropertytothenorth.Futuredevelopmentofthatpropertywillberequiredtoprovideanyrequiredparkingonsite. 5) EnvironmentalDetermination:

InaccordancewithSection15332(In-FillDevelopment)oftheCaliforniaEnvironmentalQualityAct(CEQA)Guidelines,projectscharacterizedasin-filldevelopmentmaybefoundtobeexemptfromtherequirementsofCEQA.TheProjectconsistsoftheconstructionofaneight-buildingdevelopmenttotalingapproximately40,000squarefeetwithbuildingareasrangingbetween3,008and8,519squarefeet.Theprojectalsoincludestherequestforatentative subdivisionmapproposedtosubdividethe3.69acresiteintonineparcelsandpermittheindividualsaleoftheeightbuildingsthatareproposedonseparatelotswithinacommonlyownedparcel.TheProjectsitewillbeadequatelyservedbyallrequiredutilitiesandpublicservices.TheProjectsitehasnovalueashabitatforendangered,rareor 258
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page3of7 threatenedspecies.Additionally,thisProjectwillnotresultinanysignificanteffectsrelatingtotraffic,noise,airquality,orwaterquality.TheapplicantprovidedaTrafficandCirculationStudywhichaccessessiteaccess,parking,circulation,andpotentialtrafficimpacts.Asconditioned,theprojectwillposenosignificantimpactstotraffic.Therefore,staffrecommendsthePlanningCommissionaccepttheNoticeofExemption(AttachmentC)attachedtothestaffreport. 6) Analysis:
a) GeneralDiscussion:TheApplicantproposestheconstructionTheeight-buildingdevelopmentwilltotalapproximately40,000squarefeetwithbuildingareasrangingbetween3,008and8,519squarefeet.Additionally,theprojectalsoincludestherequestfortentativesubdivisionmapproposedtosubdividethe3.69acresiteintonineparcelsandpermittheindividualsaleoftheeightbuildingsthatareproposedonseparatelotswithinacommonlyownedparcel.AccesstothesitewillbeprovidedviaanexistingprivatedrivewayoffofWankelWay.

TheproposedsubdivisionofthepropertyrequiresaTentativeSubdivisionMap.Inaddition,pursuanttoOxnardCityCode(OCC)Section16-395,aSpecialUsePermitisrequired.TheTentativeSubdivisionMapwouldcreatetheabilityforeachtenantspacewithintheindustrialbuildingstobesold,whilecreatingalotandmechanismformaintenanceofcommonareas.

ThePlanningCommissionisthedecisionmakerforSpecialUsePermitspursuanttoOCC§16-536,andthePlanningCommissionmakesarecommendationtotheCityCounciltoapproveordisapproveaMappursuanttoOCC§15-40. b) GeneralPlanConsistency:TheCity’s2030GeneralPlanlandusedesignationforthe subjectsiteis BusinessResearchPark(BRP),whichallowsProfessional,administrative,research,andlimitedmanufacturingusesalongwithlimitedcommercialactivitiesintendedtosupportsuchuses,integratedintocampus-likeenvironmentsthatareorientedtowardsarterials,freeways,airports,andharbors,anddevelopedtohighpropertyanddevelopmentstandards.TheproposedProjectwillallowforthesetypesoflandusestobeestablishedinthefuture. ApprovaloftheseSUPshavebeendeterminedtobeconsistentwiththe2030GeneralPlanandtheproperty’slandusedesignation.

Consistencywiththe2030GeneralPlanisdefinedbytherelationshipbetween2030GeneralPlanpoliciesandtheproposedProject.Thethreeconsistencyclassificationlevelsare:I. DirectApplicabilitytoaProposedProjectorProgram(fulltextofthepolicyandanexplanation). 259
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page4of7 II. RelatedorIndirectApplicabilitytotheProposedProjectorProgram(policytitleandanexplanationforeachorgroupsofrelatedorindirectlyrelatedpolicies).

III. NoorDistantApplicabilitytotheProposedProjectorProgram(allpoliciesnotlistedasLevelIandIIareassumedtobeconsistent).

POLICY LEVEL POLICYORTITLE EXPLANATION
CD-1.2 II
In-filldevelopment,prioritytomixeduse
TheProjectsiteiswithinadevelopedareaoftheCityandqualifiesasinfill.

CD9.2 I
RevitalizationandRedevelopment
Thedevelopmentwillimproveanexistingsurfaceparkinglotwithamedicalofficecomplexwithlandscapedparkinglot.

ER-10.1 I
PromoteuseofNativeandWaterWisePlantsandWaterSupplyFindingsforSmallerProjects TheProjectincorporatesnativeandwaterwiseplantsandisconditionedtocomplywithCity’sLandscapeandWaterConservationStandards(OrdinanceNo.2822)andapplicablewaterconservationrequirementsoftheStateofCalifornia.

I
PoliceDepartmentReviewofDevelopmentProjects
TheProjectwasreviewedbythePoliceDepartmentandtheirrecommendationsareincorporatedintotheconditionsofapproval.

CD-5.2SH-6.4
II CompatibleLandUse
WithapprovaloftheSpecialUsePermit,theproposedmedicalofficecomplexisconsistentwiththeallowablelandusesandwillbecompatiblewithadjacentuses,andisnotanticipatedtogeneratenuisances.

CD-15.61 II
Shareofregionaltaxablesales
TheProjectwillprovidenewtenantspacesforbusinesses,whichwillgenerateretailtaxsalesrevenuetotheCity.

CD-14.1CD-14.2
II
DesignreviewprocessDevelopmentAdvisoryCommittee(DAC)functions TheDevelopmentAdvisoryCommittee(DAC)reviewprocessledtochangesintheProjectand/orconditionsofapprovalthatmeettheseLevelIIpolicies. 260
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page5of7 CD-18.1CD-18.5
II
AttractnewbusinessesIncreasetheavailabilityoflandfornewbusinesses TheProjectwillprovideformoretenantoptionstobusinesses/companiestoopenanewbusinessorrelocatetotheCity.

Allothers III
Allpoliciesnotlistedabove
NoorDistantApplicabilitytotheProposedProject.
c) ConformancewithDevelopmentStandards:TheproposeddevelopmentislocatedintheBusinessandResearchParkzonedistrict.InaccordancewithSection16-164oftheOxnardCityCode,complianceismetforallrelevantdevelopmentstandards.

DEVELOPMENTSTANDARD
REQUIREMENT PROPOSED COMPLIES?
BuildingEnvelope
LotCoverage Max:40% 26.7% Yes
BuildingHeight 35FT 25.5 Yes
FrontSetback 30feet,40whenabuttingathoroughfare;30feetwhenabuttingdesignatedsceniccorridors,perCD-9.4ofthe2030GeneralPlan. 75FT Yes
SideSetback Heightofbuilding(orasapprovedwithSUP)
80FT Yes
StreetSideSetback Halfofheightofbuilding 105FT Yes
RearSetback 20FTMinimum 75FT Yes
OtherRequirements
Landscape 15%oflotarea=24,110.7Sq.Ft. 29,207Sq.Ft.(18%) Yes Off-StreetParkingMedicalOffice
GeneralOffice
1spaceper200squarefeetofgrossfloorarea=168spaces
1spaceper250squarefeetofgrossfloor
195spaces Yes,
261
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page6of7 area=23spaces
TotalRequired=191spaces
d) SiteDesign,CirculationandParking:TheProjectwillbeaccessedfromaprivatedrivewayoff anexistingstreettothenorthwestoftheproperty(WankelWay).Thisingressandegresswillallowforaccessthrough2driveaisles.

InaccordancewithOxnardCityCode(OCC)Section16-622,parkingwillbeprovidedatarateofonespaceper250squarefeetofgrossfloorareaforgeneralofficeuseandonespaceper200squarefeetofgrossfloorareaformedicalofficeuse.Theprojectproposes33,638squarefeetofmedicalofficeuseand5,873squarefeetofgeneralofficeuse,resultingin191squarefeetofrequiredparkingstalls.Theprojectisproviding195stalls,consistingof186standardstalls,7ADAstalls,and2ADAEVstalls.Additionally,theprojectproposes6motorcyclestalls,andbikeracks. f) BuildingDesign:Theproposedmedicalofficecomplexbuildingswillfeatureafacadewithcontemporarystuccoanddualglazedwindows.Inaddition,metalawningsandsaleswillbeutilizedtobreakthemonotony.ExteriorlightingwillbeprovidedbyBeamLEDlightswithbronzefinishestoprovideacontemporaryfaçadecohesivetotheexteriordesignofthebuilding.Allonsiteoutdoorlightingwillbeinstalledtoensurelightingdoesnotilluminatepropertyoutsideoftheprojectsite.Allsignagewilladheretotheproposedmastersignprogram. g) Landscaping:TheProjectwillprovidelandscapeareasthroughoutthesitethatwillfeaturelowwateruse,nativeandregionallyadaptedplantsincludinggrasses,succulents,andtrees.Additionally,50treeswillbeaddedthroughouttheproperty,whichwillassistinmeetingtherequirementof1 treeforevery40feetofpropertyline. Publicright-of-waylandscapingwillalsobeinstalled.ThecurrentlandscapefrontingRiceAvenueisseverelydamaged.Theapplicantproposestoreplantvegetationandreplacedeadtreeswithnewtreesinlikevalue. h) Signage:TheproposedsignprogramforthecenterhasbeenprovidedinAttachmentC.TheproposedsignprogramhasbeendesignedtocomplywiththeSignregulationsoftheOxnardCityCode.Anewsignprogramisbeingrequestedduetotheproposedindustrialcomplex.Theproposedsignprogramalsooutlinesthetypeofsignsandstandardsforallotherbuildingsigns,freestandingsigns,windowgraphics,anddoorgraphicsonsite,whichareconsistentwiththeOxnardCityCodeSection16-608.Allfuturebusinesseswouldbesubjecttotheserequirements.Allsignpermitsrequestedforbusinessesatanyoftheseeightbusinesseswouldbereviewedbyplanningstaffforcompliancewiththesignprogram. 262
PZ23-500-05and22-300-02, 1750SolarDrivePlanningCommissionDate: June6, 2024Page7of7 7) DevelopmentAdvisoryCommittee:TheProjectwaslastreviewedbytheDevelopmentAdvisoryCommittee(DAC)onJanuary10,2024.ConditionsofapprovalfromDACareincludedintheattachedresolution. 8) CommunityWorkshopandPublicInput:TheProjectisnotlocatedwithinaGeneralPlanidentifiedneighborhood;therefore,theProjectwasnotpresentedduringaCommunityWorkshop.Consistentwithpublicnoticingrequirements,thisPlanningCommissionhearingwasadvertisedinthenewspaper,withanon-siteposting,andbymailtopropertyownerswithin300feetofthesubjectproperty.Todate,StaffhasnotreceivedanypubliccommentsregardingtheproposedProject. 9) AppealProcedure:InaccordancewithSection16-545oftheOxnardCityCode,thePlanningCommission’sactionmaybeappealedtotheCityCouncilwithin18daysafterthedecisiondate.AppealformsmaybeobtainedfromtheCityClerkandmustbesubmittedwiththeappropriatefeesbeforetheendoftheappealperiod.IfanappealtotheCityCouncilisnotfiledwithin18daysofthePlanningCommission’sdecision,thedecisionofthePlanningCommissionshallbeconsideredfinal.

Attachments:A. Maps(Vicinity,GeneralPlan,Zoning)B. ReducedProjectPlansC. MasterSignProgramD. NoticeofExemptionE. DraftResolutionofApproval-PZ23-500-05(SpecialUsePermit)F. DraftResolutionofApprovalPZ22-300-02(TentativeTractMap6078)G. Presentation 263
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NOTICE OF EXEMPTION (NOE)
_______________________________________________________________________________ To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: City of OxnardCommunity Development Department 214 South C StreetOxnard, CA 93030 To: Ventura County Clerk-Recorder & Registrar of VotersHall of Administration, Main Plaza800 South Victoria Avenue,Ventura, CA 93009-1260_____________________________________________________________________________ Project Title: Solar Pacific Professional Development
Project Applicant: Martin Teitelbaum, 29601 Agoura Road, Agoura Hills, CA 91301, designated agent on behalf of Solar Pacific Investors, 29601 Agoura Road, Agoura Hills, CA 91301, property owner.

Project Location - Specific: 1750 Solar Drive, Oxnard, CA, Ventura County (APN: 213-0-070-055) Description of Nature, Purpose an Beneficiaries of Project: A request to construct an eight single-story medical office complex. The eight-building development will total 42,816 square feet with building areas ranging between 3,008 and 8,519 square feet. The project also includes the request for a tentative subdivision map proposed to subdivide the 3.69 acre site into nine parcels and permit the individual sale of the eight buildings that are proposed on separate lots within a commonly owned parcel. The beneficiaries are the Project owner Solar Pacific Investors Name of Public Agency Approving Project (Lead Agency): City of Oxnard Name of Person or Agency Carrying Out Project (Applicant): Martin Teitelbaum, 29601 Agoura Road, Agoura Hills, CA 91301, designated agent on behalf of Solar Pacific Investors Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: 15332 Statutory Exemptions. State code number: ______________________________ Reason(s) why project is exempt: In accordance with Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as in-fill development may be found to be exempt from the requirements of CEQA. The Project consists of the construction A request to construct an eight single-story medical office complex. The eight-building development will 276
total 42,816 square feet with building areas ranging between 3,008 and 8,519 square feet. The project also includes the request for a tentative subdivision map proposed to subdivide the 3.69 acre site into nine parcels and permit the individual sale of the eight buildings that are proposed on separate lots within a commonly owned parcel. The Project site will be adequately served by all required utilities and public services. The Project site has no value as habitat for endangered, rare or threatened species. Additionally, this Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. No Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption.

Lead Agency Contact Person:Joe Pearson II, AICP, Planning and Environmental Services Manager, 805-385-8272 ________________________________________ ______________________________Joe Pearson II, AICP DatePlanning and Environmental Services ManagerCity of Oxnard Note: Authority cited: Sections 21083 and 21110, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 277
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 22-300-02 (TENTATIVE TRACT MAP NO. 6078) TO SUBDIVIDE AN EXISTING 3.69 ACRE PARCEL INTO 9 LOTS FOR LOCATED AT 1750 SOLAR DRIVE (APN: 213-0-070-055), SUBJECT TO CERTAIN FINDINGS AND CONDITIONS. FILED BY MARTIN TEITELBAUM ON BEHALF OF PROPERTY OWNER SOLAR PACIFIC INVESTORS, 29601 AGOURA ROAD, AGOURA HILLS, CALIFORNIA 91301.

WHEREAS, SOLAR PACIFIC INVESTORS, owns a 3.69 acre parcel located at 1750 Solar Drive (APN: 213-0-070-055); and WHEREAS, on April 22, 2020, Martin Teitalbaum on behalf of Solar Pacific Investors (the “Applicant” and/or “Permittee”), submitted a request to subdivide a parcel into 9 parcels to permit the individual sale of the proposed eight building medical office complex on separate lots within a commonly owned parcel, concurrent with a Special Use Permit application (Planning and Zoning Permit No. 23-500-05) required by Oxnard City Code Section 16-395, generally located at 1750 Solar Drive (APN: 213-0-070-055); and WHEREAS, on June 6, 2024, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing and considered the Applicant’s request to approve Planning and Zoning Permit No. 22-300-02 (Tentative Subdivision Map) to subdivide a 3.69 acre property into 9 lots located at 1750 Solar Drive (APN: 213-0-070-055) in accordance with Section 16-531 of the Oxnard City Code; and
WHEREAS, said tentative subdivision map was referred to City departments for recommendations and conditions of approval for the project that are incorporated within the recommended entitlements, and WHEREAS, the Tentative Map, together with the provisions for its design and improvement are consistent with the 2030 General Plan elements thereof; and
WHEREAS, Planning Commission of the City of Oxnard has considered an application for Planning and Zoning Permit No. 23-500-05 (Special Use Permit); and WHEREAS, the Planning Commission found that the Applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular and recommended the City Council of the City of Oxnard (“City Council”) to approve Planning and Zoning Permit No. 22-300-02; and WHEREAS, on July 16, 2024, the City Council conducted a duly noticed public hearing to consider Applicant’s request to approve Planning and Zoning Permit No. 22-300-02 (Tentative Map), reviewed the request, and carefully reviewed the Planning Commission’s Resolution No. 2023-38, recommending approval of the Tentative Subdivision Map, subject to certain findings and conditions; and 278
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 2 of 12 WHEREAS, the City Council finds the proposed subdivision together with the provisions for its design and improvement, is consistent with the 2030 General Plan, Oxnard City Code; and WHEREAS, the Planning and Environmental Services Division has completed a preliminary environmental assessment of the Project in accordance with the California Environmental Quality Act (CEQA) and determined that the Project is subject to a Class 32 Categorical Exemption (Section 15332). Further, the project does not trigger any of the Exceptions to the Exemptions (Section 15300.2) to defeat the Exemption:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The project site has a General Plan land use designation of Business Research Park (BRP) and a zoning designation of Business and Research Park (BRP). The project is surrounded by commercial and industrial development. The project site and adjacent sites do not contain any known environmental resource of hazardous or critical concern. Therefore, the project will have no impact on an environmental resource of hazardous or critical concern. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

The proposed medical office complex and subdivision development is consistent with the General Plan and Oxnard City Code and is compatible with the physical scale and character of allowable development in the project area. Any projects requiring discretionary approval would be analyzed with the General Plan and the Oxnard City Code for consistency and CEQA for any potential impacts. Therefore, the project will have no significant cumulative impact. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The proposed medical office complex and subdivision will not result in an unusual circumstance that would cause the project to have a significant effect on the environment. The project will not alter the industrial character of the surrounding development and the property does not contain any unusual environmental characteristics as the property is generally surrounded on all sides 279
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 3 of 12 by industrial development. Therefore, the project will not have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements, which are required as mitigation by an adopted negative declaration or certified EIR.

The project is not located in or adjacent to a state designated scenic highway. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site, which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

The proposed project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code as confirmed by staff on May 7, 2021. (f) Historical Resources. A categorical exemption shall not be used for a project, which may cause a substantial adverse change in the significance of a historical resource.

The project site does not contain an existing or potential landmark, point of interest, or historic resource, and it is not located within an existing, proposed, or potential Historic District. Therefore, the proposed project will not cause a substantial adverse change in the significance of a historical resource.

WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council Staff Report and all attachments thereto, the City Council finds:

Consistent with California Government Code Section 66474, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings:
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Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 4 of 12 a) That the proposed map is not consistent with applicable general and specific plansas specified in Section 65451.

As described in great detail in the Planning Commission Staff Report, (Sections 6(b) and 6(c), the project is consistent with the General Plan and zoning. The project site has a General Plan designation of Business Research Park (BRP) and a zoning designation of Business and Research Park(BRP). The project site is not located within a Specific Plan area. The project is consistent with the General Plan Designation, zoning designation and applicable policies and regulations. Therefore, the project does not meet this finding which means the Project can be supported. b) That the design or improvement of the proposed subdivision is not consistent withapplicable general and specific plans.

The design and improvement of the proposed
development is consistent with applicable provisions of the City’s 2030 General Plan because the proposed subdivision and industrial use
supports the proposed development improvements, with the required infrastructure. Therefore, the project does not meet this finding which means the Project can be supported.
c) That the site is not physically suitable for the type of development.

The site is physically suitable for the proposed type of development because the division of land includes an industrial project that is consistent with the Business and Research Park (BRP) zone development standards and has been designed to be architecturally compatible with the character of the surrounding neighborhood. The site is physically suitable for the proposed type of development because the site is relatively level and is not
subject to soil and/or geologic conditions indicating substrate instability. Therefore, the project does not meet this finding which means the Project can be supported.
d) That the site is not physically suitable for the proposed density of development.

The site is physically suitable for the proposed density of the development. The proposed subdivision and industrial buildings will be located on a 3.69-acre lot. The Zoning Code allows a maximum of 40% lot coverage. The development proposed under the Special Use Permit includes approximately 40,000 square-feet of development, which represents approximately 26.7% lot coverage. The proposed facility is consistent with applicable City standards (see Staff Report). The Project has been designed to be consistent with the development and design standards included within the Zoning Code, including, but not limited to, maximum building height, front, side and rear setbacks, lot coverage, landscaping, parking standards, and equipment screening standards. The project site has direct access from Wanklel via a private driveway to the 195 space parking area. The parking area and the perimeter of the site include landscaping to screen the proposed development from the roadways. Thus, the site for the proposed industrial facility is physically suitable for the proposed density of the development. Therefore, the project does not meet this finding, which means the Project can be supported. 281
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 5 of 12 e) That the design of the subdivision or the proposed improvements are likely to causesubstantial environmental damage or substantially and avoidably injure fish orwildlife or their habitat.

The design of the proposed land division and parcel
improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because it is located within a developed urban area of the City that contains no environmentally sensitive habitat and/or species. The project has been found to be exempt from CEQA pursuant to Section 15332, which applies to in-fill development prjoects. Therefore, the project does not meet this finding which means the Project can be supported.

f) That the design of the subdivision or type of improvements is likely to cause seriouspublic health problems.

Pursuant to the 2030 General Plan land use designation of Business Research Park (BRP), the proposed use of the project site as an industrial development with associated site improvements is an allowed use. The surrounding uses are characterized by business research park, light industrial, and limited industrial. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the local Building, Fire, and Traffic Codes. The proposed development will be consistent with the existing light industrial development adjacent to the project site. The proposed industrial development will be screened from the roadway by landscaping along Rice Avenue. Therefore, the proposed use and improvements will not adversely affect or be materially detrimental to the adjacent uses, buildings or structures or to the public health, safety or general welfare. Therefore, this project does not meet this finding, which means the Project can be supported. g) That the design of the subdivision or the type of improvements will conflict witheasements, acquired by the public at large, for access through or use of, propertywithin the proposed subdivision. In this connection, the governing body mayapprove a map if it finds that alternate easements, for access or for use, will beprovided, and that these will be substantially equivalent to ones previously acquiredby the public. This subsection shall apply only to easements of record or toeasements established by judgment of a court of competent jurisdiction and noauthority is hereby granted to a legislative body to determine that the public at largehas acquired easements for access through or use of property within the proposedsubdivision.

The design of the proposed land division and parcel
improvements will not conflict with easements, acquired by the public-at-large, for access through or use of property within the subdivision because, as conditioned, no buildings would be located in the area of the existing public utilities easements, all blanket easements or other easement that are no longer needed by the City shall be abandoned, and there is no need for new or additional easement(s) for the public-at-large. The City Council of the City of Oxnard finds that the proposed division of land complies with requirements established by the Subdivision Map 282
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 6 of 12 Act and this chapter, including but not limited to requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. Therefore, this project does not meet this finding which means the Project can be supported.

SECTION 2. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that the Project will not have a significant impact on the environment and is categorically exempt from CEQA pursuant to Article 19, Section 15332 (Class 32) of the State CEQA Guidelines. This section pertains to projects characterized as infill development, meeting certain conditions as described in the findings contained within this resolution. The project will not result in any significant effects relating to traffic, noise, or air quality. The City Council has determined that there is no substantial evidence that the project will have a significant effect on the environment and no Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. The Planning & Environment Services Manager is herby authorized to file a Notice of Exemption with the Ventura County Clerk pursuant to Section 15602 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION 3. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 22-300-02 (Tentative Subdivision Map), subject to the attached conditions of approval.

SECTION 4. The Secretary shall certify the adoption of this Resolution. 283
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 7 of 12 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 6078(PLANNING AND ZONING PERMIT NO. 22-300-02) Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).

DEPARTMENTS AND DIVISIONS
CA City Attorney PL Planning Division
DS Dev Services/Eng Dev/Inspectors TR Traffic Division
PD Police Department B Building Plan Checker
SC Source Control FD Fire Department
PK Landscape Design CE Code Compliance

GENERAL PROJECT CONDITIONS

1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another. (PL, G-1).

2. This permit is granted for the plans approved July 16, 2024, (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a minor modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a major modification to the plans is approved by the Planning Commission. A minor modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A major modification shall be required for substantial changes or increases in such items. (PL, G-2)

3. By commencing any activity related to the Project or using any structure authorized by this permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)

4. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall 284
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 8 of 12 prevail. (CA, G-7)

5. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-8)

6. Developer shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9)

7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)

8. An approved tentative map shall expire thirty-six (36) months after its approval, unless an extension is applied for and approved by the City Council pursuant to Section 15-46 of the City Code.

PLANNING DIVISION CONDITIONS

9. This permit is granted subject to the approval of a Special Use Permit (PZ 23-500-05) for the project property. (PL)

10. All conditions of Special Use Permit No. 23-500-05 shall apply to this permit.

11. Prior to recordation of the Final Map, Developer shall pay a document imaging fee for the planning files in an amount calculated by planning staff at the time of building permit review based on fees then in effect. (PL/B, PL-16).

12. Developer shall provide utility meters, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access for residents and service persons. Developer shall coordinate placement and design of such items accordingly, with the Planning Division Manager, the appropriate utility service provider and the United States Postal Service, prior to issuance of building permits. (PL, PL-19)

13. Developer shall establish a property owners association and the association shall be responsible for the maintenance of parking, landscape, recreation and other interior areas held in common by the association and for the enforcement of Conditions Covenants & Restrictions related to property maintenance. (PL/DS, PL-33)

14. The property owner and/or property owners’ association shall be responsible for creating and implementing a Parking Management Plan which shall consist of designating which tenant will use which parking space in order to assure that vehicle spaces correspond with on-site uses. The Parking Management Plan shall be submitted to the Planning Division for review and approval prior to the issuance of the first Certificate of Occupancy. 285
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 9 of 12

ENVIRONMENTAL RESOURCES CONDITIONS

15. Property owner and/or property owners’ association shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling. Regardless of hauling methods, all materials collected must be conveyed to the Del Norte Regional Recycling and Transfer Station.

16. Covenants, conditions and restrictions (“CC&Rs”) shall be developed for the project necessitate that the homeowner’s association or property management make provisions to divert a minimum of 50% while striving for 75% diversion of waste material generated at this location in perpetuity. This can be achieved by subscribing to the City’s residential curbside or mandatory commercial recycling services and through annual tenant education that may include source reduction, recycling, reuse, and organics collection requirements.

DEVELOPMENT SERVICES DIVISION CONDITIONS

17. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)

18. Developer shall enter into an agreement, approved as to form by the City Attorney, to install and construct all public improvements required by this permit and by the City Code. Developer shall post security satisfactory to the Finance Director, guaranteeing the installation and construction of all required improvements within the time period specified in the agreement or any approved time extension. (DS-14)

19. Developer agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Developer’s expense, City and its agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided for the Government Code Section 66499.37, to attack, review, set aside, void or annul the approval of this resolution or to determine the reasonableness, legality or validity of any condition attached thereto. City shall promptly notify Developer f any such claim, action or proceeding of which City receives notice, and City will cooperate fully with Developer in the defense thereof. Developer shall reimburse City for any court costs and attorney’s fees that City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Developer of the obligations of this condition Developer’s acceptance of this resolution or commencement of construction or operations under this resolution shall be deemed to be acceptance of all conditions thereof. (DS18)

20. Developer shall provide all necessary easements for streets, highways, alleys, sidewalks, parkways, landscaping, utilities, drainage facilities, or other improvements as required by City. If such easements cannot be obtained from the property owner by negotiation, City 286
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 10 of 12 may acquire them at the expense of Developer by exercise of the power of eminent domain. Developer shall bear all costs of eminent domain proceedings, including appraisal, acquisition, attorney’s fees, and court costs. Before City issues a site improvement permit, Developer shall dedicate all required easements to City. (DS-19)

21. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)

22. Prior to approval of the final map or parcel map, Developer shall provide the City Engineer with written evidence form the Ventura County Clerk’s Office that Developer has executed and filed with the Clerk al certificates, statements and securities required by Government Code Sections 66492 and 66493. (DS-26)

23. Developer shall dedicate ot the City all water rights for the project property by title sheet dedication on the final map or parcel map. (DS-39).

24. Prior to release of the final map or parcel map for recordation, Developer shall provide the City Engineer with a 100-scale base map for addressing purposes. The map shall be drawn on 18-inch by 24-inch mylar and shall show the standard address map title block, north arrow, street names, tract number, phase boundary and lot numbers. The City will assign any new addresses. (DS-56)

25. Prior to release of the map or parcel map for recordation, Developer shall post security satisfactory to the City Attorney guaranteeing that all survey monuments will be set as required by the Government Code and the City Code. (DS-57)

DEVELOPMENT SERVICES SPECIAL CONDITIONS

26. Developer shall process the site improvement plans for Planning and Zoning Permit 23-500-05 associated with this map concurrent with the final map . The final map shall be processed for recordation concurrent with the approval of the PZ 23-500-05 site improvement plans. (DS)

27. Developer shall review the City of Oxnard Assessment District No. 2001-1 for the Rice Avenue/Highway 101 Interchange recorded against the property. Prior to the recordation of the final map, Developer shall determine if the project is still subject to the assessment and pay its fair share of financial responsibility towards the Rice Avenue/Highway 101 Interchange improvements. (DS)

28. The final map shall be prepared to comply with the restrictions specified in the Memorandum of Understanding between the State of California, the County of Ventura, and the City of Oxnard regarding the future conversion of Rice Avenue to a State Highway by offering a 60-foot setback, measured from the edge of the existing 120-foot right-of-way. (DS) 287
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 11 of 12

29. Developer shall show on the final map the dedication to the City of Oxnard, the 15-foot domestic waterline easement per the proposed improvement plans of PZ 23-500-05. In addition, Developer shall also show the dedication on the final map for a 26-foot wide public access easement over the drive-aisle to the City of Oxnard on behalf of all public agencies providing public services and safety. (DS)

30. The final map shall indicate the vacation of existing easements determined by the City Engineer to no longer be necessary. Developer shall verify if the existing vehicular access to the project’s northern boundary to 1800 Solar Drive (APN: 213-0-070-045) has an easement or agreement. Developer is responsible for coordinating with the neighboring property owner to quitclaim the agreement and carry out all the necessary improvements to close out the access, meeting City standards and requirements prior to map recordation. (DS)

31. Developer shall provide a separate exhibit for the City Engineer to review showing all the easements, covenants, and agreements affecting the project site. The exhibit shall clearly identify the existing easements, covenants, agreements to remain, and those needing to be vacated and quitclaimed. (DS)

32. All proposed improvements over existing private and public easements are subject to review and approval by the City Engineer. (DS)

33. If easement vacations are to be processed separately from the final map, Developer shall be responsible for all costs associated with the vacation, including, but not limited to, fees associated with the hearing(s), easement vacation document preparation, and review by the City. (DS)

34. Unless already dedicated by a prior recorded map, the final map shall dedicate all water rights to the City of Oxnard. Developer shall demonstrate to the satisfaction of the City Engineer that the water proposed water demands for the Tract map associated improvements with the Planning and Zoning Permit 23-500-05 are within the appropriate ranges for the land use designation per the latest City-published reports and/or guidelines. (DS)

35. Prior to the approval of the final map, Developer shall provide a draft copy of the reciprocal access, parking, drainage, and maintenance agreement or Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for the drainage, sewer, stormwater, access, and shared parking between all of the proposed lots on the Tract. The agreement or CC&Rs shall clearly outline the responsible parties, funding, and maintenance requirements of all shared facilities. The agreement or CC&Rs shall clearly indicate the maintenance of the shared utilities is jointly and severally the responsibility of all property owners subject to the agreement or CC&Rs. (DS)

TRAFFIC DIVISION SPECIAL CONDITIONS

36. Unless already dedicated by a prior recorded map, the final map shall dedicate all vehicle access rights to the City of Oxnard along Rice Avenue. (TR) 288
Resolution for Solar Pacific Professional Development; PZ 22-300-02 City Council Hearing Date: July 16, 2024Page 12 of 12 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Oxnard, State of California, held on the 16th day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
_____________________________John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 289
Solar Pacific Professional Development
Planning & Zoning Permit No. 22-300-02 (Tentative Tract Map) Filed by Martin Teitelbaum on behalf of
Solar Pacific Investors,
Applicant
Located at 1750 Solar Drive
1 City Council
July 16, 2024
Kaneca Pompey, Contract Planner
Joe Pearson II, Planning Manager
290
Project Description
• Request for the following actions:
• PZ 22-300-02 (Tentative Tract Map)
• To allow the Subdivision of a 3.69 acre lot for a new medical office complex.
• Tract Map would create eight (8) individual lots and one (1) common area lot.
• Subdivision would allow the individual sale of the proposed eight buildings within a commonly owned parcel (containing parking, driveways, landscaping and pedestrian pathways). • Special Use Permit is required for the construction of the new medical office complex and was approved by the Planning Commission under Planning and Zoning Permit No. PZ 23-500-05. 2 291
Project Location
• Subject site: 1750 Solar
Dr.
• East of Rice Avenue
between Gonzales Road
and Latigo Avenue.
• Currently developed as a
surface parking lot.
3 292
General Plan & Zoning Maps
Business Research Park (BRP)
General Plan Land Use
Designation
Zoning Designation
Business Research Park (BRP)
4 293
Surrounding Uses
5 N
Subject Site: 1750 Solar Drive
Surrounding Uses:

LOCATION GENERAL PLAN ZONING EXISTING LAND USE
Project Site Business Research
Park (BRP)
Business & Research
Park (BRP)
Surface parking lot
North Business Research
Park (BRP)
Business & Research
Park (BRP)
Adult School
South Industrial Limited (ILM) Limited manufacturing
(M-L)
Industrial building
East Industrial Light (ILT) Light manufacturing-
Planned Development
(M-1-PD)
Vacant/Undeveloped
West Business Research
Park (BRP)
Business & Research
Park (BRP)
Industrial building
294
Rendering
6 Graves Avenue
295
Planning Commission Background
● June 6, 2024 Planning Commission considered the project. ● Planning Commission granted a Special Use Permit for new medical office complex. The SUP allows:
○ A medical office complex, consisting of eight single-story buildings ranging between 3,008 and 8,519 square feet on a 3.69-acre site. ○ 195 parking spaces.
○ Trash enclosures and landscaping.
● PC recommended the City Council approve the Tentative Subdivision Map to subdivide the lot for new medical office complex. 7 296
Site Plan
8 297
Tentative Tract Map
9 298
Site Photograph
10 View from Rice Ave
299
Environmental Review
• In accordance with Section 15332 (Infill Development) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as in-fill development may be found to be exempt from the requirements of CEQA. The project includes:
a. The development of an industrial site.
b. The overall proposed development site is located on a 3.69-acre site, which is surrounded by urban uses.
c. The Project site will be adequately served by all required utilities and public services.
d. The Project site has no value as habitat for endangered, rare or threatened species.
e. The Project will not result in any significant effects relating to traffic, noise, air quality or water quality.
f. The sign program would provide standards for the creation of the on-site signage associated with the development.
• No substantial evidence the project will have a significant effect on environment. • A Notice of Exemption will be filed.
11 300
Key Conditions of Approval
12 ● Condition #9:

Granted subject to approval of Special Use Permit.
● Condition #13
Property owners association (POA) to maintain common area. ● Condition #14:

POA to implement a Parking Plan.
● Condition #16
Developer shall provide Covenants, Conditions and Restrictions to City. 301
13 ● Notice of this City Council hearing was provided via:
○ Newspaper;
○ On-site posting; and
○ Mailed to property owners within 300 feet.
● To date, staff has not received public comments regarding the project.

Public Comments
302
14 That the City Council:
a) Conduct a public hearing;
b) Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-fill Development); and,
c) Adopt a resolution approving Planning and Zoning Permit No. 22-300-02 for a Tentative Subdivision Map (Tentative Tract Map No. 6078), subject to certain findings and conditions.

Staff Recommendation
303
End of Presentation
304

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Introduction of Omnibus City Code Update. (10 minutes)

RECOMMENDATION

That the City Council introduce and waive further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING VARIOUS SECTIONS OF

THE OXNARD CITY CODE TO REGULATE ELECTION SIGNS, MODIFY SUBDIVISION MAP ACT

SIGNATURE REQUIREMENTS, AMEND SHORT TERM RENTAL NOTICE REQUIREMENTS, AND

STRENGTHEN RENT STABILIZATION AND JUST CAUSE EVICTION REGULATIONS

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/7mX8v71CAcc

BACKGROUND

The Oxnard City Code (“OCC”) needs to be reviewed and amended periodically to address changes in state law, correct clerical errors, and establish or strengthen regulations. In 2023, the City Council adopted an omnibus ordinance which:

1. Updated the names of the City Council committees;

2. Clarified that commissioners of the City's CAGs are appointed by the Mayor with the approval of the City Council;

3. Changed references from Rosenberg's Rules of Order to Robert's Rules of Order;

4. Updated the OCC to include changes in City employee titles (Chief Assistant City Attorney, Chief Financial Officer);

5. Updated gender-neutral language;

6. Modified the number of days for which the City Council must reconsider a local emergency from 30 days to 60 days;

7. Updated state law references; and

8. Modified chapter titles.

As noted to the City Council last year, the City Attorney's Office intends to update the OCC as needed periodically. This year's proposed omnibus ordinance:

1. Establishes regulations regarding the placement of election signs on public property and in the public right of way, adding these regulations to the nuisance chapter of the OCC, Chapter 7;

2. Specifies that an application for a final map or parcel map processed under the Subdivision Map Act must be signed by the county Clerk and the City Clerk.

3. Removes the requirement that the planning division include directions to view a copy of a nuisance response plan when providing short-term rental permit notice to property owners within a 300-foot radius of an STR applicant's property; and

4. Strengthens the City's Rent Stabilization and Just Cause Eviction regulations by:
a. eliminating the existing provision stating that an owner may terminate a tenancy on a no-fault basis if the tenant refuses to execute a tenancy with new terms;
305
b. strengthening OCC 27-3(J) by clarifying that a person is an employee for the purposes of the existing regulations only if that person entered occupancy of the unit in the first place as an employee; c. strengthening OCC 27-4(A) by clarifying that the termination notice must: I. identify the person who is the owner or relative intending to move in and II. state where that person currently resides; d. strengthening OCC 27-21 by harmonizing the OCC with Costa-Hawkins, stating that an owner does not have the right to establish a tenancy's initial rent if the previous tenancy was terminated by notice pursuant to Civil Code Section 1946.1 (no-fault termination); and
e. clarifying that the City Manager may promulgate administrative procedures to address ordinance violations.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Clean_Omnibus City Code Update Ordinance_ July 2024

2. Redline_Omnibus City Code Update Ordinance_ July 2024

3. Omnibus City Code Update City Council Presentation_ July 2024

306

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING VARIOUS SECTIONS OF THE OXNARD CITY CODE TO

REGULATE ELECTION SIGNS, MODIFY SUBDIVISION MAP ACT SIGNATURE

REQUIREMENTS, AMEND SHORT TERM RENTAL NOTICE REQUIREMENTS,

AND STRENGTHEN RENT STABILIZATION AND JUST CAUSE EVICTION

REGULATIONS

WHEREAS, the Oxnard City Code (“OCC”) need s to be reviewed and amended periodically to address changes in state law, correct clerical errors, and establish or strengthen regulations; and

WHEREAS, the proposed sign regulatio ns in this ordinance are intended to minimize the possible adverse effects of signs on public property and in the public right of way; and

WHEREAS, without the proposed sign regulations, signage placed on public property or in the public right of way can endanger the public, distract drivers, create confusion and fost er a negative image of the City on the part of the public; and

WHEREAS, the City Council desires to enhance the City’s current sign regulations; and

WHEREAS, the City Council desires to modify the City’s Rent Stabilization and Just Cause Eviction to comply with updates to State law; and

WHEREAS, the City Council desires to expedite the pro cess to approve maps pursuant to the requirements of the Subdivision Map Act, and remove specified notice requirements for short term rental permit applicants.

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

Part 1. Article XXVI is hereby added to Chapter 7 of the Oxnard City Code to read as follows:

“ARTICLE XXVI. ELECTION SIGNS

SEC. 7-360 DEFINITIONS

ELECTION SIGN – A sign where text or images are limited to noncommercial speech pertaining to global, national, state, or local candidates or issues or other protected political expression, including, but not limited to, a sign pertaining to an election for public office or to a ballot measure to be pl aced before the voters in a federal, state or local election. This includes signs permanently or temporarily supported by a structure, including, but not limited to, one or more uprights, braces, poles, bicycle or other similar structural components when utilizing earth, 307
rock, the ground, or any foundation set in the ground as a primary holding base or set upon the ground as a free standing structure.

SEC. 7-361 ELECTION SIGNS ON PUBLIC PROPERTY

Election signs are not permitted on public property or in the public right-of-way, as defined in city code section 7-112(D). Election signs placed on public property or in the public right of way will be removed pursuant to this article.

SEC. 7-362 REMOVAL AND RETRIEVAL OF ELECTION SIGNS

(A) Election signs placed on public property or in the public right of way will be removed by the city. The city is not required to notify the owner before removing the election sign.

(B) After removing the election sign, the city shall attempt to notify the owner of the removed election sign, if such information can be ascertained, to inform the owner on how to retrieve the election sign.

(C) Any election sign removed by the city may be considered abandoned if it is not retrieved within ninety (90) days after the date of such removal, and may be disposed of in accordance with state law.

SEC. 7-363 APPEALS

A person may request an informal appeal by the city manager or designee to determine whether or not the location of the election sign violates the city code.”

Part 2. Section 15-51(A)(1) of the Oxnard City Code is hereby amended to read as follows:

“(A) An application for a final map or parcel map shall not be deemed complete until the following items have been submitted to the city:
(1) All the certificates required by the Subdivision Map Act, completed and signed, and where necessary acknowledged, excepting those signatures required of the county clerk, and the city clerk”

Part 3. Section 16-668.2 of the Oxnard City Code is hereby amended to read as follows:

“The planning division shall provide a mailed notice of permit issuance, and of ea ch permit renewal, to the owner of the subject property and the owners of all real property situated within a radius of 300 feet of the exterior boundaries of the assessor’s parcel(s) which is the subject of the application.”

Part 4. Section 27-3(E) of the Oxnard City Code is hereby amended to read as follows:

“(E) The tenant has refused to execute an extension of a wr itten lease. This ground for termination of a tenancy applies only if:
308
(1) The Owner requests or demands that the tenant execute a written extension of a written lease previously entered into between the Tenant and the Owner; and (2) The owner makes that request within 30 days before or after the termination of that lease; and
(3) The written extension of the lease is for a similar duration as the previous written lease and includes substantially identical terms and conditions. The addition of a provision allowing the Owner to terminate the lease to allow for the occupancy of the Owner, or the Owner’s spouse, domestic partner, child, grandchild, parent, or grandparent constitutes a similar lease provision for the purposes of this subdivision (E).”

Part 5. Section 27-3(J) of the Oxnard City Code is hereby amended to read as follows:

“(J) The employee, agent, or licensee’s failure to va cate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure. This ground for termination does not apply if the occupant’s employment or status as agent or licensee began while the occupant was a tenant.”

Part 6. Section 27-4(A) of the Oxnard City Code is hereby amended to read as follows:

“(A) The intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum 24 m onths, commencing within 90 days of the termination of tenancy.

(1) For leases entered into on or after the effective date of this artic le, this subsection shall apply only if:
(a) the tenant agrees, in writing, to the termination; or (b) if a provision of the lease allows the owner to terminate the lease because the owner, or their spouse, domestic par tner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, commencing within 90 days of the termination of tenancy.

(2) Within 10 days of serving a tenant with a notice of termination under this subdivision (A), the owner must submit a sworn affidavit to the city, including the following:
(a) a statement that the owner or the owner’s spouse, intends in good faith to occupy the unit as to which the tenancy is to be terminated and to reside in that unit as their principal place of residence for a minimum of 24 months, commencing within 90 days of the tenancy of the termination.
(b) the name , and the relationship to the owner, of the person for whose occupancy in the unit the tenancy is being terminated.
(c) the address of the owner or owner’s spouse’s domestic p artner’s, child’s, grandchild’s, parent’s, or grandparent’s princ ipal place of residence as of the date when the tenant was served the notice of termination.”

Part 7. Section 27-9(B)(4) of the Oxnard City Code is hereby amended to read as follows:

309
“(B) Notice of termination of tenancy. When terminating a tenancy either at-fault or no-fault, an owner must comply with all of the following:

(4) The owner has submitted to the city, within five days after servi ce of the notice of termination on the tenant, a true and accurate copy of the owner's written notice of termination, and proof of such service, signed under penalty of perjury by the person who effected such service, on the tenant. The owner shall maintain proof of service to the city as evidence that the owner has complied with this section.”

Part 8. Section 27-21 of the Oxnard City Code is hereby amended to read as follows:

“(A) Increases in rent on residential real property in the City of Oxnard in excess of 4%, and more than one rent increase in any 12 month period, are prohibited, unless expressly exempt under the Costa -Hawkins Rental Housing Act codified in Cal. Ci vil Code, Section 1954.50 et seq.

(B) Under the Costa -Hawkins Rental Housing Act, an owner is entitled to establish the initial rental rate for new tenancies, unless the previous tenancy was terminated by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees.

Therefore, an owner who terminates a tenancy for a no -fault reason under this Chapter by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees may charge the subsequent tenant no more than the amount of rent that the owner could lawfully charge for the previous, termi nate, tenancy plus any intervening 4% annual adjustments.”

Part 9. Section 27-10(A) of the Oxnard City Code is hereby amended to read as follows:

“(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this ordinance. Any regulation intended to clarify the meaning of any provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolu tion of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on the City's website. Any presentation to the City Council pursuant to this subdivision (A) shall include:

(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consistent with the i ntent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”

Part 10. Section 27-28.1 of the Oxnard City Code is hereby added to read as follows:

310
“(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this ordinance. Any regulation intended to clarify the meaning of any provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary t o its implementation, shall not become effective unless approved by resolution of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on the City's website. Any presentation to the City Council pursuant to this subdivision (A) shall include:
(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”

Part 11. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one of more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

Part 12. 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 day s before the City Council’s adoption of the ordinance.

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Part 13. Within fifteen 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. was first read on _ ______________________________, 20 24, and finally adopted on _______________________________, 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
312

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING VARIOUS SECTIONS OF THE OXNARD CITY CODE TO

REGULATE ELECTION SIGNS, MODIFY SUBDIVISION MAP ACT SIGNATURE

REQUIREMENTS, AMEND SHORT TERM RENTAL NOTICE REQUIREMENTS,

AND STRENGTHEN RENT STABILIZATION AND JUST CAUSE EVICTION

REGULATIONS

WHEREAS, the Oxnard City Code (“OCC”) need s to be reviewed and amended periodically to address changes in state law, correct clerical errors, and establish or strengthen regulations; and

WHEREAS, the proposed sign regulations in this ordinance are intended to minimize the possible adverse effects of signs on public property and in the public right of way; and

WHEREAS, without the proposed sign regulations, si gnage placed on public property or in the public right of way can endanger the public , distract drivers, create confusion and foster a negative image of the City on the part of the public; and

WHEREAS, the City Council desires to enhance the City’s current sign regulations; and

WHEREAS, the City Council desires to modify the City’s Rent Stabilization and Just Cause Eviction to comply with updates to State law; and

WHEREAS, the City Council desires to expedite the process to approve maps pursuant to the requirements of the Subdivision Map Act, and remove specified notice requirements for short term rental permit applicants.

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

Part 1. Article XXVI is hereby added to Chapter 7 of the Oxnard City Code to read as follows:

“ARTICLE XXVI. ELECTION SIGNS

SEC. 7-360 DEFINITIONS

ELECTION SIGN – A sign where text or images are limited to noncommercial speech pertaining to global, national, state, or local candidates or is sues or other protected political expression, including, but not limited to, a sign pertaining to an election for public office or to a ballot measure to be placed before the voters in a federal, state or local election. This includes signs permanently or temporarily supported by a structure, including, but not limited to, one or more uprights, braces, poles, bicycle or other similar structural components when utilizing earth, 313
rock, the ground, or any foundation set in the ground as a primary holding base or set upon the ground as a free standing structure.

SEC. 7-361 ELECTION SIGNS ON PUBLIC PROPERTY

Election signs are not permitted on public property or in the public right -of-way, as defined in city code section 7-112(D). Election signs placed on public property or in the public right of way will be removed pursuant to this article.

SEC. 7-362 REMOVAL AND RETRIEVAL OF ELECTION SIGNS

(A) Election signs placed on public property or in the public right of way will be removed by the city. The city is not required to notify the owner before removing the election sign.

(B) After removing the election sign, the city shall attempt to notify the owner of the removed election sign, if such information can be ascertained, to inform the owner on how to re trieve the election sign.

(C) Any election sign removed by the city may be considered abandoned if it is not retrieved within ninety (90) days after the date of such removal, and may be disposed of in accordance with state law.

SEC. 7-363 APPEALS

A person may request an informal appeal by the city manager or designee to determine whether or not the location of the election sign violates the city code.”

Part 2. Section 15-51(A)(1) of the Oxnard City Code is hereby amended to read as follows:

“(A) An application for a final map or parcel map shall not be deemed complete until the following items have been submitted to the city:
(1) All the certificates required by the Subdivision Map Act, completed and signed, and where necessary acknowledg ed, excepting those signatures required of the county clerk, the city treasurer and the city clerk”

Part 3. Section 16-668.2 of the Oxnard City Code is hereby amended to read as follows:

“(A) The planning division shall provide a mailed notice of permit issuance, and of each permit renewal, to the owner of the subject property and the owners of all real property situated within a radius of 300 feet of the exterior boundaries of the assessor’s parcel(s) which is the subject of the application.
(B) At a minimum, the notice of permit issuance shall include: (i) directions to view a copy of the nuisance response plan; and (ii) contact information for the code compliance division.”

Part 4. Section 27-3(E) of the Oxnard City Code is hereby amended to read as follows:

Formatted: Left
314

“(E) The tenant has refused to execute an extension of a written lease. This ground for termination of a tenancy applies only if:
(1) The Owner requests or demands that the tenant execute a written extension of a written lease previously entered into between the Tenant and the Owner; and (2) The owner makes that request within 30 days before or after the termination of that lease; and
(3) The written extension of the lease is for a similar duration as the previous written lease and includes substantially identical terms and conditions. The addition of a provision allowing the Owner to terminate the lease to allow for the occupancy of the Owner, or the Owner’s spouse, domestic partner, child, grandchild, parent, or grandparent constitutes a similar lease provision for the purposes of this subdivision (E).

The tenant had a written lease that terminated on or after the effective date of this article, and after a written request or demand from the owner, the tenant has refused t o execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. If the tenant had a written lease that terminated on or after the effective date of this article, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of non -similar duration and/or with non - similar lease provisions, then the cause for eviction will be no -fault just cause under section 27- 4 below.”

Part 5. Section 27-3(J) of the Oxnard City Code is hereby amended to read as follows:

“(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure. This ground for termination does not apply if the occupant’s employment or status as agent or licensee began while the occupant was a tenant. Cal. Code of Civil Procedure, Section 1161(1).”

Part 6. Section 27-4(A) of the Oxnard City Code is hereby amended to read as follows:

“(A) (1) Intent The intent to occupy the residential real property by the owner Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum 24 months, commencing within 90 days of the termination of tenancy.

(1) For leases entered into on or after the effective date of this article, this subsection shall apply only if:
(a) the tenant agrees, in writing, to the termination, ; or (b) if a provision of the lease allows the owner to terminate the lease if because the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, as affirmed by the owner in a written affidavit submitted to the city. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar lease provision for the purposes of section 27- 3(E)commencing within 90 days of the termination of tenancy.

Formatted: Indent: Left: 0.5"
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315

(2) Within 10 days of serving a tenant with a notice of termination under this subdivision (A), the owner must submit a sworn affidavit to the city, including the following:
(a) a statement that the owner or the owner’s spouse, intends in good faith to occupy the unit as to which the tenancy is to be terminated and to reside in that unit as their principal place of residence for a minimum of 24 month s, commencing within 90 days of the tenancy of the termination.
(b) the name, and the relationship to the owner, of the person for whose occupancy in the unit the tenancy is being terminated.
(c) the address of the owner or owner’s spouse’s domestic p artner’s, child’s, grandchild’s, parent’s, or grandparent’s principal place of residence as of the date when the tenant was served the notice of termination.”

Part 7. Section 27-9(B)(4) of the Oxnard City Code is hereby amended to read as follows:

“(B) Notice of termination of tenancy. When terminating a tenancy either at-fault or no-fault, an owner must comply with all of the following:

(4) The owner has submitted to the city, within five days after service of t he notice of termination on the tenant, a true and accurate copy of the owner's written notice of termination, and proof of such service, signed by the owner under penalty of perjury by the person who effected such service , on the tenant. The owner shall m aintain proof of service to the city as evidence that the owner has complied with this section.”

Part 8. Section 27-21 of the Oxnard City Code is hereby amended to read as follows:

“(A) Increases in rent on residential real property in the City of Oxna rd in excess of 4%, and more than one rent increase in any 12 month period, are prohibited, unless expressly exempt under the Costa -Hawkins Rental Housing Act codified in Cal. Ci vil Code, Section 1954.50 et seq.

(B) Under the Costa -Hawkins Rental Housin g Act, an owner is entitled to establish the initial rental rate for new tenancies, unless the previous tenancy was terminated by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees.

Therefore, an owner who terminates a tenancy for a no -fault reason under this Chapter by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees may charge the subsequent tenant no more than the amount of rent that the owner could lawfully charge for the previous, terminate, t enancy plus any intervening 4% annual adjustments.”

Part 9. Section 27-10(A) of the Oxnard City Code is hereby amended to read as follows:

“(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this articleordinance. Any regulation intended to clarify the meaning of any 316
provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on the City's website.

Any presentation to the City Council pursuant to this subdivision (A) shall include:

(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consis tent with the i ntent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”

Part 10. Section 27-28.1 of the Oxnard City Code is hereby added to read as follows:

“(A) The city manager may ado pt administrative procedures and regulations to implement the provisions of this ordinance. Any regulation intended to clarify the meaning of any provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on th e City's website. Any presentation to the City Council pursuant to this subdivision (A) shall include:
(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”

Part 11. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one of more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

Part 12. 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 post ed in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 13. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circul ation, published and circulated in the City.

Ordinance No. was first read on _ ______________________________, 20 24, and finally adopted on _______________________________, 2024, to become effective thirty days thereafter.
317

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk

APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
318
Omnibus City Code Update
City Council
July16, 2024
Jason Zaragoza, Deputy City Attorney
319
That the City Council introduce and waive further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING VARIOUS SECTIONS OF THE OXNARD CITY CODE TO

REGULATE ELECTION SIGNS, MODIFY SUBDIVISION MAP ACT

SIGNATURE REQUIREMENTS, AMEND SHORT TERM RENTAL

NOTICE REQUIREMENTS, AND STRENGTHEN RENT

STABILIZATION AND JUST CAUSE EVICTION REGULATIONS
RECOMMENDATION 2
320
On March 10, 1962, the Oxnard City Council adopted Ordinance No. 872, adopting the Oxnard City Code ("OCC"). Over the years, the OCC has been amended many times to address clerical errors and updates to legal citations. Last year, the City Council adopted an omnibus city code update which made non-substantive changes to the code to address changes in state law, corrects minor errors and updates gender-neutral references.

BACKGROUND 3
321
The proposed ordinance:
• Establishes regulations regarding the placement of election signs on public property and in the public right of way, adding these regulations to the nuisance chapter of the OCC, Chapter 7;
• Specifies that an application for a final map or parcel map processed under the Subdivision Map Act must be signed by the county Clerk and the City Clerk. • Removes the requirement that the planning division include directions to view a copy of a nuisance response plan when providing short-term rental permit notice to property owners within a 300-foot radius of an STR applicant's property PROPOSED CHANGES 4
322
The proposed ordinance:

Strengthens the City's Rent Stabilization and Just Cause Eviction regulations by:
• a. eliminating the existing provision stating that an owner may terminate a tenancy on a no-fault basis if the tenant refuses to execute a tenancy with new terms; • b. strengthening OCC 27-3(J) by clarifying that a person is an employee for the purposes of the existing regulations only if that person entered occupancy of the unit in the first place as an employee; • c. strengthening OCC 27-4(A) by clarifying that the termination notice must: I. identify the person who is the owner or relative intending to move in and II. state where that person currently resides; • d. strengthening OCC 27-21 by harmonizing the OCC with Costa-Hawkins, stating that an owner does not have the right to establish a tenancy's initial rent if the previous tenancy was terminated by notice pursuant to Civil Code Section 1946.1 (no-fault termination); and • e. clarifying that the City Manager may promulgate administrative procedures to address ordinance violations.

PROPOSED CHANGES 5
323

QUESTIONS
6 324

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Oxnard EMS Corps Project Update and Staff Request. (10 minutes)

RECOMMENDATION

That the City Council:

1. Receive a report on the progress of the “Oxnard EMS Corps” Workforce Development Project.

2. Approve and Adopt a Resolution to Amend Resolution No. 15,800 Authorizing Full-Time Equivalent Positions Pursuant to Chapter 4 of the City Personnel Rules and Regulations to include an Administrative Services Coordinator Limited-Term Position to fill the Grant EMS Corps Educator Role and the reclassification of the Department’s Community Paramedic Position to an EMS Specialist Senior, to perform grant administration activities and EMT program education.

3. Approve and Adopt a Resolution to Amend Resolution No. 15,801 Authorizing Classification and Salary Schedules Pursuant to Chapter 4 of the City Personnel Rules and Regulations to add and establish the EMS Specialist Senior classification salary schedule, and,

4. Authorize the City Manager or designee to approve budget appropriations for the use of State grant funding (Fund 210) upon award.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iOX8DY6urw0

BACKGROUND

On December 19th, City Council authorized the Oxnard Fire Department (OFD) to submit a grant application for the “EMS Corps” Workforce Development grant opportunity. On February 26th, the Oxnard Fire Department was notified of its selection as lead agency for the “EMS Corps” training site and awarded $181,820 in planning grant funds by the program intermediary Public Works Alliance (PWA) for site development and capacity building. Upon meeting the readiness criteria, the OFD will receive $1.27M in grant funds for the Oxnard EMS Corps Project.

The “Oxnard EMS Corps Program”

Modeled after a highly successful workforce development program in Alameda County, California, the EMS Corps Emergency Medical Technician (EMT) program is a workforce development program that seeks to create transformative opportunities that will improve the standard of living for individuals and their families to lift them from poverty, and provide opportunity in high-paying public service and healthcare careers.

To accomplish this, the model incorporates comprehensive wrap-around services to remove barriers that would normally inhibit or make EMT certification unattainable. Services such as tutoring, mentorship, legal navigation, mental health, fitness and financial support via monthly stipend are provided for the EMT students.

325
Students will also receive access to services that prepare them for entry into the EMT program or remove external stressors such as general educational competency tutoring, mentoring, exercise, nutrition education, behavioral and medical healthcare support, as well as a monthly monetary stipend of $1,500 per month while in the program. The course is 5 months long and pays for ancillary expenses that can be prohibitive, such as uniforms, testing fees, books, and preparatory educational tools needed to set the student up for successful passing of the National Registry of Emergency Medical Technicians Test.

Interested candidates who do not possess a high school diploma but who have the capacity to either finish credits within the 5-month period or who are preparing for high school equivalency testing can be dually enrolled with Vista Real Charter School to help them attain EMT certification and high school equivalency at the same time at no cost to the student.

EMT Course instruction is 5 months in duration, 3 days a week with additional commitment for students who are eligible for special programs or high school equivalency. Students will receive a comprehensive EMT course delivered by a coalition of Fire and EMS partner agencies. Cohorts will consist of 20 students.

To be eligible, a candidate must be between the ages of 17 ½ and 26 and have barriers to employment such as economic and housing insecurity, those disconnected from school or work, or certain eligible justice involving young adults.

DISCUSSION

Program Development Update:

Upon notification of the planning grant award, Oxnard Fire Department staff began working closely with PWA staff to meet the readiness criteria required to receive $1.27 million in workforce development funds from the Employment Development Department (EDD). EDD funds are provided to enroll three cohorts of 20 EMTs. The program performance period for the three cohorts commences in December 2024 and ends in October 2026.

The Oxnard Fire Department has developed a broad, multidisciplinary coalition of partners and stakeholders that includes the Ventura County Workforce Development Board, Ventura County Emergency Medical Services Agency, Vista Real Charter Schools, Casa Pacifica, Goodwill Industries, The Ventura County Community College District, Clinicas Del Camino Real, American Medical Response, Ventura County Fire Department, and Ventura City Fire Department.

Through the joint efforts of the PWA, the California Firefighter Joint Apprenticeship Committee (CAL-JAC), and fire department partners, the program has already added additional opportunities for successful EMS Corps candidates.

Through a California Opportunity Youth Apprenticeship grant award of $517,000, the program model will expand to include preparation for firefighter entry exam testing, Candidate Physical Abilities Testing (CPAT) fitness preparation, and testing exams for placement on the Firefighter Candidate Test-Selection List (FCTC-SEL). Funding will allow for the addition of a fourth 20-person cohort and extend the performance period through January 31, 2027.

Additional partnership discussions are ongoing to add training and service capacity. Where applicable, the department is actively engaged in the development of memoranda of understanding (MOU) agreements with these agencies. Planning is ongoing and a tentative launch for the first program cohort is expected in the first quarter of calendar year 2025.

Position Requests:

The EMS Corps Planning and Program Grants, coupled with the Youth Apprenticeship Grant Award, will provide funding for staffing and services for administrative oversight and program delivery.

To create the staffing capacity needed for program delivery, the Fire Department is requesting approval for a full-time limited-term position (Administrative Services Coordinator) that will serve in an EMS education role and provide day-to- day program coordination of instructors, skills labs, and other EMS-related tasks. The term of the limited-term position will align with the program performance period through January 31, 2027.

To oversee the day-to-day operations of program-specific staff and operations, and to provide direct program administration, the department is also requesting to reclassify the existing Community Paramedic position to an EMS 326
Specialist Senior. The role of the Community Paramedic is expanding to assume additional administrative, supervisory, and educational responsibilities for the successful implementation of the Oxnard EMS Corp Project and the Department’s Community Paramedic Program.

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

If the Administrative Services Coordinator Limited-Term Position is approved, the term of the position will align with the period of performance of the grants, and the estimated $94,3423.67 annual cost of the position will be entirely grant- funded. No local match is required. The Department will return to City Council for approval should the term of the limited-term position require an extension or should the Department desire to convert it to a regular term position.

If the reclassification of the Community Paramedic Position to EMS Specialist Senior is approved, the five percent cost increase of $4,972 annually will be partially funded by the EMS Corps Grants (and future grants) for time dedicated to program oversight, but will generally be an ongoing cost in the Department’s operating budget funded by the General Fund.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 2-0 on June 25, 2024 to approve the staff recommendation and to forward the item for Council approval. Recommendation 4 has been added as it was inadvertently omitted from the committee report.

Prepared by: Jaime Villa, EMS Coordinator, Rose Rodarte, Administrative Services Manager

ATTACHMENTS

1. Award Letter

2. Amend Position Resolution Fire FY24-25

3. Amended Salary Resolution Fire FY24-25

4. Presentation

327
Dear Alex Hamilton,
Congratulations on behalf of Public Works Alliance. Oxnard Fire Department’s application for an EMS Corps planning grant has been approved in the amount of $181,820. This award will be administered by Public Works Alliance, program intermediary for California’s Employment Development Department’s (EDD) Emergency Medical Technician Training Program.

EMS Corps trains young people historically underrepresented in the healthcare workforce to be EMTs while providing life coaching and wraparound support.

The purpose of this planning grant is to support your organization in meeting the readiness criteria required to receive $1.2 million in program funding from EDD to establish an EMS Corps in Oxnard. Specific activities to be supported by this planning grant include:
• Securing MOUs between the Grantee, EMT Trainer and wraparound provider(s) defining each party’s roles and responsibilities
• Drafting an operations budget submitted to and approved by PWA (a budget template will be provided)
• Reviewing the EMS Corps EMT curriculum with EMT Trainer and • Beginning the process of identifying a Program Director Please review the enclosed grant agreement, sign where indicated and return it with a draft budget and invoice for the $181,820.

Congratulations on being selected for this planning grant. We look forward to working closely with you and your team in creating a program that will create career pathways for Oxnard youth while addressing a workforce shortage in EMS.

If you have any questions or need further assistance, please do not hesitate to contact us.

Sincerely
Jeff Metcalfe
Public Works Alliance
Director of Operations
Award Letter
02/26/2024
Alex Hamilton
Oxnard Fire Department
360 W. Second St.,
Oxnard, CA 93030
328

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING RESOLUTION NO. 15,800 AUTHORIZING FULL-TIME EQUIVALENT POSITIONS PURSUANT TO CHAPTER 4 OF THE CITY PERSONNEL RULES AND REGULATIONS WHEREAS. Chapter 4, Section 4.7 of the City of Oxnard Personnel Rules and Regulations provides that the City Manager from time to time may revise the number of positions in each classification as necessary to perform the work of the classification, provided that the total expense to be incurred for such work shall be limited to the amount appropriated by the City Council for the classification: and WHEREAS, the City Council has reviewed the revisions and finds that they are desirable and in the interest of maintaining an efficient municipal organization.

NOW, THEREFORE. the City Council of the City of Oxnard resolves to amend Resolution No. 15,800 with the following changes to the adopted FY 24/25 position allocations as specified, subject to approval of a budget appropriation for the revised allocation:

Proposed NewDepartment Title Adopted 24/25 Change AllocationFire Community Paramedic 1 -1 0EMS Specialist, Senior 0 1 1 Administrative Services Coordinator Limited Term(July 2024 – 01/31/2027) 0 1 1
GRAND TOTAL 1 1 2
PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

YES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
329

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING RESOLUTION NO. 15,801 AUTHORIZING AND APPROVING CLASSIFICATION AND SALARY SCHEDULES PURSUANT TO CHAPTER 4 OF THE CITY PERSONNEL RULES AND REGULATIONS WHEREAS, Chapter 4, Article 4.5 of the City of Oxnard Personnel Rules and Regulations requires that the City of Oxnard classification listing all classes of positions in the general city service be established by resolution of the City Council; and, WHEREAS, Chapter 4, Article 4.7 of the City of Oxnard Personnel Rules and Regulations provides that the City Manager from time to time may revise the number of positions in each classification as necessary to perform the work of the classification, provided that the total expense to be incurred for such work shall be limited to the amount appropriated by the City Council for the classification; and, WHEREAS, Chapter 4, Article 4.8 of the City of Oxnard Personnel Rules and Regulations provides that the City Manager shall recommend to the City Council the creation of a new or additional position allocated to an existing class whenever possible; otherwise, the City Manager shall recommend to the City Council the creation of a new classification; and, WHEREAS, Chapter 4, Article 4.9 of the City of Oxnard Personnel Rules and Regulations requires City Council approval to establish a new classification title and salary range.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to amend Exhibit “A” of Resolution No. 15,801 in accordance with Chapter 4, Articles 4.5, 4.7, 4.8 and 4.9 of the City of Oxnard Personnel Rules and Regulations, by adding the following classification and establishing salary ranges for those classifications effective July 16, 2024:

Salary Grade
Classification Title
FLSA Status
Union Code
Compensation Frequency
Hourly (H)/Salary (S) RangeI45
EMS Specialist, Senior
NE IUOE Hourly
$37.7930 - $56.6894
PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

YES:

NOES:

ABSENT:

ABSTAIN:
330
_________________John C. Zaragoza, Mayor
ATTEST:
_________________________Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_________________________Stephen M. Fischer, City Attorney 331
Oxnard EMS Corps
Project Update and Staff Request
Alexander Hamilton, Fire Chief
Fire Department
332
That the City Council:

1. Receive a report on the progress of the “Oxnard EMS Corps” Workforce Development Project.

2. Approve and Adopt a Resolution to Amend Resolution No. 15,800 Authorizing Full-Time Equivalent Positions Pursuant to Chapter 4 of the City Personnel Rules and Regulations to include an Administrative Services Coordinator Limited-T erm Position to fill the Grant EMS Corps Educator Role and the reclassification of the Department’s Community Paramedic Position to an EMS Specialist Senior, to perform grant administration activities and EMT program education.

3. Approve and Adopt a Resolution to Amend Resolution No. 15,801 Authorizing Classification and Salary Schedules Pursuant to Chapter 4 of the City Personnel Rules and Regulations to add and establish the EMS Specialist Senior classification salary schedule.

Recommendation 2
333
On December 19th 2023, City Council authorized the Oxnard Fire Department to submit a grant application for the “EMS Corps” Workforce Development grant opportunity
February 26th 2024, the Oxnard Fire Department was notified of its selection as the “EMS Corps” training site in Ventura County by the Public Works Alliance
The Oxnard Fire Department is the Lead Agency for the “EMS Corps” Program expansion in Ventura County
Background 3
334
Public Works Alliance (PWA), is
the creator of the model “EMS
Corps” program and serves as
program expansion intermediary
for the Employment Development
Department
• PWA is providing planning
readiness services, program
support and grant funds for
individual site development
Background 4
335
The Oxnard EMS Corps
• Modeled after a highly successful
workforce development program in
Alameda County
• Transformative opportunities in high
paying public service and healthcare
careers
• Comprehensive wrap-around services to
remove barriers to EMT certification
• 5 month expanded EMT course
Background 5
336
Eligibility:
• Candidates between ages 17 ½ and 26
• Have a Barrier to Employment
• Economic and Housing insecurity
• Disconnected from School or Work
• Specific Justice Involved
• Y outh Parents
• Foster Y outh
• Current or Former Title 1 School
Student
Background 6
337
Monthly monetary stipend
• $1500 per month
Wrap Around Supportive
Services
• T utoring
• Mentorship
• Legal assistance
• Mental Health
• Healthcare Navigation
• Physical Fitness
• Nutrition
Background - Candidate Support 7
338
High School Diploma Support
• Dual enrollment for diploma or
high school equivalency
NextGen Eligibility
• Transportation
• Child Care
• Employment Workshops
Background - Expanded Candidate Support 8
339
Program Development Update
• Notified of Selection in February of 2024
• Immediately began forming regional coalition of partners, and stakeholders • Workforce Development
• Wrap Around Service Providers
• Candidate Referral Partners
• EMS Providers
• County and City Agencies
Discussion 9
340
Enhanced Candidate Opportunity
• California Y outh Opportunity Apprenticeship Award
• Joint Labor-Management program
• Enhanced funding for Fire Agencies
• Pre Apprenticeship Program
• Will Add one full cohort
• Statewide Fire Department Selection List Support

Discussion - Program Update 10
341
Grant Funding
• $181,820 Planning Grant from PWA to support meeting the readiness criteria required to receive $1.2 million in program funding from EDD. • $1.2 million in workforce development funds from EDD to establish the EMS Corps Program in Oxnard. Performance period to conduct three cohorts of 20 EMTs commences in December 2024 and ends in October 2026.
• $517,000 from a California Opportunity Y outh Apprenticeship Grant to expand the program and allow for the addition of a fourth 20-person cohort, extending the performance period through January 31, 2027.

Discussion 11
342
Program Staffing Request
One Full Time Limited-T erm Position
- Administrative Services Coordinator
One Reclassification
- Community Paramedic to EMS Specialist Senior
Limited-T erm Position added cost will be covered by program grant funding. Added cost of the reclassified position would be an ongoing operating cost in the Department’s General Fund Budget with a portion covered by the grant to the extent of time spent on grant activities.

Discussion 12
343
Limited-T erm Position
T erm of position aligns with the period of performance of the grants. The $94,342.67 annual cost of the position will be entirely grant-funded. No local match is required.

Position Reclassification
The five percent added cost of reclassifying the Community Paramedic Position to EMS Specialist Senior in the amount of $4,972 annually will generally be an ongoing cost in the Department’s Operating budget funded by the General Fund, but will be offset by grant funds for time dedicated to grant program activities.

Financial Impact 13
344
QUESTIONS?
14 345

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Five Year Capital Improvement Program for Fiscal Years 2025-2029. (20 minutes)

RECOMMENDATION

That the City Council receive and file the final Capital Improvement Program document, with incorporated changes per City Council direction from the June 4, 2024 City Council meeting

(The Public Works and Transportation Committee recommended the item to be forwarded to Council for discussion and review. The City Council approved this item, with modification, on June 4, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Tmt8vLFQbcQ

BACKGROUND

Over the past several months, Public Works staff developed the 5-year Capital Improvement Program (CIP) and budget ahead of 2024-2025 Fiscal Year. This was done in collaboration with the City Departments, and followed a structured approach:

1. Departments identified requested capital improvements and submitted those to the CIP working group in Public Works Engineering.

2. Staff reviewed projects for conformity with the General Plan, master plans, and other needs assessments.

3. Staff made a preliminary review of cost estimates and recommended priorities for funding.

4. Staff re-created the CIP document from previous versions, utilizing the City’s newer OpenGov tools.

5. The list of proposed CIP projects was presented to the Public Works and Transportation Committee (PW&TC) on April 23rd, 2024 for input and consideration.

6. The list of proposed CIP projects, along with their prioritization, budgets, and schedules was presented to the City Council on June 4th, 2024 for adoption. During this meeting, the Council held a Public Hearing, directed staff to make changes to the Category 4 project priority list, and approved the staff recommendations.

7. Staff presented the CIP projects to the Planning Commission on June 6th, 2024. In accordance with Section 65401 of the Government Code, the Planning Commission found all new CIP projects to be in conformance with both the City of Oxnard 2030 General Plan and the City of Oxnard Local Coastal Plan.

8. Staff incorporated Council-directed changes, and prepared the final version of the CIP document.

Presently, staff is returning to the City Council with a recommendation to receive and file the final CIP book that reflects the changes and updates made since the June 4th Council meeting. This is considered the final version, and is intended to be published both online and in printed format.

DISCUSSION

346
Council Review and Changes to Project Priorities

During the June 4th, 2024 City Council meeting, after significant discussion, staff was directed to make two changes to the Category 4 priority list. To recap, Category 4 is a list of priority projects that have partial or no new identified funding associated with them. Staff recommended that these be funded, in order of listed priority, with General Funds/Measure O from the operating budget.

Council directed staff to place two projects into the Category 4 priority list for FY 2024/25 with funding from the General Fund/Measure O:

1. “South Oxnard Center Lighting”: this project, previously included in the CIP as an unfunded project with a rough order magnitude cost of approximately $600,000, was directed by Council to be placed as Priority #1 ahead of the original 13 priority projects in the Category 4 list;

2. “Oxnard Police Department Facilities Planning and Feasibility Study”: this is a new project that is intended to provide a strategic planning and feasibility basis for future PD-related CIP facilities upgrade efforts and space planning. Council directed staff to include this as Priority project between the original project #11 and #12 out of the 13 original priority projects in Category 4.

With the City Council approval of the City-wide FY 2024/25 Operating Budget, these two projects will be funded with General Fund.

Development of CIP Document

In addition to the CIP program and budget, staff has developed a CIP document that is intended to be published both in online and printed book formats, if necessary. This contains introductory narratives and their associated graphics, the complete set of capital projects in 1-page format, and summary tables as appendices. The project pages are organized into six categories: Buildings, Information Technology (IT), Parks and Open Space, Seawalls, Transportation and Drainage, and Utilities. Each of these categories has an identifying icon on the top right of the project sheets and a unique, corresponding color. The final CIP document is included as an attachment to this staff report, and reflects all edits and changes made to-date, as requested by the City Departments as part of their final review. This is the link to access the CIP document on the City's website: https://www.oxnard.gov/wp-content/uploads/CIP-2025-29.pdf.

To accommodate any new Quimby projects, the CIP will reserve staff workload capacity available until the Quimby outreach process is complete and the projects are finalized. Once community outreach meetings have been completed for potential Quimby projects, staff will bring these projects for Council’s consideration via a separate process to consider amending the CIP at a future City Council date.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There are no financial impacts associated with the recommended Council actions.

COMMITTEE OUTCOME

On April 23, 2024, the Public Works and Transportation Committee recommended the item to be forwarded to Council for discussion and review. It should be noted that the City Council took action on June 4, 2024, which included adding two additional projects to the Capital Improvement Program and approved the 2025-2029 Capital Improvement Program.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. CIP 2025-29
347

2. Presentation

348
URL link to the Capital Improvement Program (CIP)
2025-29
https://www.oxnard.gov/wp-content/uploads/CIP-2025-29.pdf 349

FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM (CIP) FOR FY 2025-2029
City Council
July 16, 2024
Morgan Kessler
City Engineer
350

RECOMMENDATION
That the City Council receive and file the final Capital Improvement Program document, with incorporated changes per City Council direction from the June 4, 2024 City Council meeting.
2 351

BACKGROUND
Public Works staff developed the 5-year Capital Improvement Program (CIP) and budget ahead of 2024-2025 Fiscal Year • The process followed a structured approach
• This CIP development cycle had a number of challenges • Draft CIP was presented to the PW&TC.
• June 4, 2024: Council approved the Project List with the addition of two new projects: “South Oxnard Center Lighting”, and “Oxnard Police Department Facilities Planning and Feasibility Study”.
• June 6, 2024: the Planning Commission found the CIP consistent with 2030 General Plan and the Local Coastal Plan.
3 352

DISCUSSION
Council directed staff to place two projects into the Category 4 priority list for FY 2024/25 with funding from the General Fund/Measure O:

1. “South Oxnard Center Lighting”: a previously unfunded project, to be placed as Priority #1 ahead of the
original 13 priority projects in the Category 4 list;

2. “Oxnard Police Department Facilities Planning and
Feasibility Study”: a new project, to be placed between the original projects #11 and #12 out of the 13 original priority projects in Category 4.
4 353

DISCUSSION
CIP Book
• The CIP document contains the complete set of capital projects in a 1-page per project format;
• The front end of the CIP contains background and narrative information;
• Project pages are organized into sections: Buildings, Information Technology (IT), Parks and Open Space, Seawalls, Transportation and Drainage, and Utilities.
• Will be published online, and printed if necessary
5 354

DISCUSSION
Quimby-Funded Park Projects
• A parallel effort to the CIP development;
• Public Works staff will host/attend Neighborhood Council (NC) meetings;
• Staff will review with the NC, the use of Quimby funds for parks; • NCs will provide input to staff regarding new and/or existing projects;
• A list of individual Quimby projects will be brought back to Council with a staff recommendation for their incorporation into the CIP 6 355

FINANCIAL IMPACT
There are no financial impacts associated with the
recommended Council actions.

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QUESTIONS?
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Authorization to Accept a Federal Grant of $3.8M for the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project. (10 minutes)

RECOMMENDATION

That the City Council:

1. Accept a federal grant from the U.S. House Transportation and Infrastructure Committee in the amount of $3,806,152 (with 20% local match) for the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project C2228; and

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

(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.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ZT- qDx9L-pw

BACKGROUND

On April 10, 2024, Congresswoman Julia Brownley announced an award of $3,806,152 million for the City of Oxnard to replace aging cast iron waterline pipe at risk of failure. The funding was allocated to the Kamala Cast Iron Replacement Capital Improvement Project C2228 (PW 22-83). As a member of the U.S House Transportation and Infrastructure Committee, Congresswoman Brownley secured the funds for California’s 26th Congressional District in Fiscal Year 2023 ($2,846,400) and Fiscal Year 2024 ($959,752) packages of Interior and Environment appropriations bills.

Capital Improvement Program (CIP) Reference:

Project No. C2228 – Kamala Neighborhood Cast Iron Pipe Replacement Improvement Project - Adopted May 3, 2022 -

DISCUSSION

On April 13, 2022, applications were due to the Office of Congresswoman Julia Brownley for Fiscal Year 2023 Interior and Environment Appropriations Community Project. Only non-profit entities and state and local government entities were eligible to request funding for projects. The Subcommittee only accepted legally eligible requests under the following account: Environmental Protection Agency State and Tribal Assistance Grants for certain water infrastructure projects.
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The 2016 Integrated Master Plan identified cast iron water mains as priority infrastructure in need of replacement. The water mains identified in the Master Plan were heavily corroded and were rapidly deteriorating. In an effort to maintain a high level of service to the City’s residents, the City selected the neighborhood of Kamala Park (Kamala) where the replacement of the corroded cast iron water mains are in desperate need of immediate replacement. The project is planned to precede paving projects scheduled for the Kamala Neighborhood.

The project scope of work includes replacement of approximately 40,000 linear feet of existing cast iron pipe, ranging in size from 4 inches to 10 inches in diameter. The design includes replacement of existing service lines, fire services, and fire hydrants. Please note that the current estimated total cost for this project is $39M. The funds needed to complete this project, beyond the grant award, will be via the Water Capital Fund and/or American Rescue Plan Act (ARPA) as programmed in the City’s CIP.

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 awarded amount of $3,806,152 shall be used to cover Project costs related to the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project C2228 (PW 22-83). A new appropriation will be recorded in the amount of $3.8 million in the State Grant Fund (210) to properly account for the revenue and expenditures for this grant award for Project C2228 as well as the corresponding Water Capital Fund (602) transfer in / appropriation. There is a 20% cost share requirement of $761,230.40, which will be covered by available project budget appropriations from the Water Operating fund (601), and the corresponding Water Capital Fund (602) transfer in / appropriation.

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. Presentation

359
Authorization to Accept a Federal Grant of
$3.8M for the Kamala Neighborhood Water
Cast Iron Replacement Capital Improvement
Project
City Council, July 16, 2024
Tim Beaman, P.E. Interim Assistant Public Works Director 360
RECOMMENDATION 2
That the City Council:

1. Accept a federal grant from the U.S House Transportation and Infrastructure Committee in the amount of $3,806,152 (with 20% local match) for the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project C2228; and

2. Authorize the City Manager to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports.
361

BACKGROUND
• Congresswoman Julia Brownley awarded $3.8M to replace aging cast iron waterline pipe at risk of failure
• Kamala Cast Iron Replacement Capital Improvement Project C2228 (PW 22-83)
• Fiscal Year 2023 ($2.8M) and Fiscal Year 2024 ($959K) 3 362

DISCUSSION
• On April 13, 2022, Application due to the Office of Congresswoman Julia Brownley for Fiscal Year 2023 Interior and Environment Appropriations Community Project
• Kamala Neighborhood Cast Iron Pipe Replacement Improvement Project C2228 was submitted after it was identified in the City’s 2015 Integrated Master Plan
• Project consist of replacing approximately:
• 40,000 linear feet of existing water main in diameter from 4 inches to 10 inches
• 1” and 2” service lines, fire services
• old “wet barrel” fire hydrants
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FINANCIAL IMPACT
• The awarded amount of $3.8M shall be used to cover Project costs related to CIP Project C2228
• A new appropriation is required in the amount of $3.8M in Grant Fund (210) to properly record the revenue and expenditures for this grant award
• 20% cost share requirement and from the Water Enterprise Fund • The current estimated total cost for this project is $39M. • Additional funding includes:
• Water Capital Fund
• American Rescue Plan Act (ARPA)
5 364
End of Presentation
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Resolution Certifying Exception to CalPERS 180 Day Wait Period for Employment of a Retired Annuitant. (10 minutes)

RECOMMENDATION

That City Council adopt a resolution certifying an exception to the CalPERS 180 day wait period for employment following retirement and appoint Jennie Kelly as Interim Assistant City Attorney.

(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/B0sEZKzLqcE

BACKGROUND

Jennie Kelly retired from the City of Oxnard effective June 30, 2024 after six years of service. Ms. Kelly has worked as the Assistant City Attorney specializing in employee and labor relations and related administrative arbitrations. Ms. Kelly has also defended the City in civil court on a variety of employment and writ cases, prosecuted both gun violence and workplace violence restraining orders, defended the City’s police officers against Pitchess motions filed by criminal defendants, helped oversee the prosecution of the City’s Quality of life ordinances and assisted in the management of outside counsel defending the City’s public liability cases. Prior to her service with the City, Ms. Kelly worked for 17 years as a Deputy Attorney General with the California Office of the Attorney General specializing in employment and writ litigation. Ms. Kelly also served for six years on active duty in the United States Air Force as an Assistant Staff Judge Advocate specializing in criminal prosecutions and defense of personnel as both a Judge Advocate and Special Assistant United States Attorney. She also prosecuted and defended personnel in administrative discharge hearings, and worked on employment investigations and other general civil matters.

Ms. Kelly is essential to the City Attorney’s Office (“CAO”) and the City of Oxnard. Currently, Ms. Kelly is the only attorney in the City Attorney’s Office with specialized knowledge and experience of employment law and litigation as well as the City’s employment policies and practices. She works closely with Human Resources, the Oxnard Police Department, and the Oxnard Fire Department as well as other departments as necessary.

Currently, Ms. Kelly is in the middle of several projects that will need her immediate attention after retirement:

1. Ms. Kelly is lead counsel in an arbitration hearing involving a police officer who has appealed his termination from City employment. The arbitrator conducted the first three days of the arbitration in March of 2024. The second two days of the hearing were held on June 25 and 26, 2024, Ms. Kelly’s last week of work. Ms. Kelly has 60 days from receipt of the administrative transcript in July of 2024 to complete the City’s closing brief. This will involve reviewing the five days of administrative hearings and writing an extensive brief explaining why the termination should be upheld.
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2. Ms. Kelly is lead counsel in a case pending in Ventura County Superior Court that involves a former City of Oxnard employee who has sued the City alleging various unlawful employment practices. This case has been ongoing since 2022 with a trial date of February of 2025. Most discovery has been completed in the case. The last day for the City to file a motion for summary judgment is in October of 2024 and Ms. Kelly is integral to completing this motion.

3. Ms. Kelly is vital to the day to day operations of the City’s Human Resources Department and provides weekly advice on a variety of matters including employee disciplinary actions, Family Medical Leave Act and Fair Labor Standards Act issues, personnel rule interpretations, employee separation issues, privacy issues, new California employment laws, third party subpoenas and depositions, reasonable accommodation requests and related HR issues. Until a replacement is found for Ms. Kelly, the HR Department will be unable to receive immediate legal input and feedback with regard to these specialized legal issues.

While there has been an ongoing recruitment for her replacement since February 2024, to date the recruitment efforts have not been successful and her position has not been filled. The City retained an outside recruiter in May 2024 to assist with recruiting a suitable replacement candidate.

DISCUSSION

Pursuant to Government Code Section 7522.56, subdivision (f)(1), post-retirement employment cannot begin less than 180 days from the retirement date; however the City Council may pass a resolution providing an exception to the 180-day wait period. Additionally, under Government Code Section 21221, subdivision (h), City Council may only pass such a resolution and appoint Ms. Kelly to an interim position during the recruitment for a permanent position. As Ms. Kelly is a retiree from CalPERS, there are other requirements that the City must follow in order to comply with Section 21221, subdivision (h) including:
• Interim appointment by the governing body to a vacant position (Assistant City Attorney) requiring specialized skills;
• The open recruitment for a permanent Assistant City Attorney; • The interim appointment must not exceed 960 hours in the fiscal year; • The appointed retiree shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate; and, • The appointment may be made only once.

In light of Government Code sections 7522.56, subdivision (f)(1) and 21221, subdivision (h), it is recommended that City Council approve the attached resolution to temporarily appoint Jennie Kelly as Interim Assistant City Attorney while the recruitment to permanently replace that position is conducted. Upon City Council approval and subject to CALPERS final approval, Ms. Kelly will be hired effective August 1, 2024 as a retired annuitant, Assistant City Attorney at an hourly rate of $104.24. Ms. Kelly was earning $101.21 per hour at the time of her retirement. No other benefits, incentive, compensation in lieu of benefits, or other form of compensation will be paid to Ms. Kelly.

Ms. Kelly will work on an as needed basis for FY 24-25, as she is available, not to exceed 960 hours in any fiscal year.

The CAO anticipates Ms. Kelly will serve approximately six months in FY 24-25, however, if additional time is needed beyond the six month period due to unsuccessful recruitment or the on-boarding of a successful replacement, the CAO may keep Ms. Kelly on, not to exceed 960 hours in the fiscal year, and no later than June 30, 2025. As a limited duration, at-will employee, Ms. Kelly will serve at the pleasure of the City Attorney and her employment may be terminated at any time, with or without cause or prior notice by either Ms. Kelly or by the City Attorney.

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

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No budget amendment is required. The total estimated cost of Ms. Kelly's appointment in FY2024-25 will come from salary savings from her vacant position, which is funded in the FY2024-25 adopted budget of the City Attorney's General Fund (101) operating budget.

COMMITTEE OUTCOME

This item did not originate in Committee as it is a routine operational item.

Prepared by: Casey Clay, Human Resources Manager

ATTACHMENTS

1. Resolution Exception to CalPERS 180 Day Wait Period

2. Presentation

368

CITY COUNCIL OF THE CITY OF OXNARD

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
CERTIFYING THE EXCEPTION TO CALPERS 180 DAY WAIT PERIOD FOR

EMPLOYMENT OF A RETIRED ANNUITANT

WHEREAS,
in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and

WHEREAS, Jennie Kelly retired from the City of O xnard in the position of Assistant City Attorney, effective June 30, 2024; and

WHEREAS, Gov. Code section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is December 28, 2024 without this certification resolution; and

WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and

WHEREAS,
the City Council, the City of Oxnard and Jennie Kelly certify that Jennie Kelly has not and will not receive a Golden Handshake or any other retirement-related incentive; and

WHEREAS,
an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the Assistant City Attorney appointment during recruitment for a permanent appointment; and

WHEREAS,
the City of Oxnard certifies that it has been actively engaged in recruiting for a permanent appointment for the position since February 2024; and

WHEREAS,
no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and

WHEREAS,
the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and

WHEREAS,
the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS, the maximum base salary for this position is $18,069.3229 and the hourly equivalent is $104.2460, and the minimum base salary for this position is $13,081.38 and the hourly equivalent is $75.4695; and

WHEREAS,
the hourly rate paid to Jennie Kelly will be $104.2460; and

369
WHEREAS, Jennie Kelly has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

NOW, THEREFORE, the City Council of the City of Oxnard hereby appoints Jennie Kelly as an interim appointment retired annuitant to the vacant position of Assistant City Attorney for the City of Oxnard under Gov. Code section 21221(h),

PASSED AND ADOPTED THIS ______ 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

370
Resolution Certifying Exception to CalPERS- 1 8 0 D a y Wait Period for Employment of a Retired
Annuitant
City Council
July 16, 2024

Steve Naveau
Human Resource Director
371
That City Council adopt a resolution certifying an exception to the CalPERS 180-day wait period for employment following retirement and appoint Jennie Kelly as Interim Assistant City Attorney.

RECO MMENDATIO N 2
372
• Jennie Kelly retired from the City of Oxnard effective June 30, 2024 as Assistant City Attorney.
• Ms. Kelly was essential to the City Attorney’s O ffice and the City of Oxnard. Ms. Kelly was the only attorney in the City Attorney’s O ffice with specialized knowledge and experience of employment law and litigation as well as the City’s employment policies and practices. • Ms. Kelly had numerous ongoing projects at her retirement date. • There has been a recruitment for Ms. Kelly’s replacement since February of 2024. To date, her position has not been filled. • Pursuant to Government Code Section 7522.56(f)(1), post-retirement employment cannot begin less than 180 days from the retirement date. However, the City Council may pass a resolution providing an exception to the 180-day wait period.

BACKGRO UND 3
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• Staff is requesting the adoption of the attached resolution seeking an exception to the 180-day wait period to appoint Jennie Kelly as Interim Assistant City Attorney while the recruitment to permanently replace that position is conducted.
• Appointment of Jennie Kelly anticipated to be August 1, 2024. • Requires CalPERS approval after adoption of the resolution • Subject to the following conditions per CalPERS:
• Interim appointment by the City Council to a vacant position requiring specialized skills (Assistant City Attorney).
• Open recruitment for a permanent Assistant City Attorney. • Interim appointment must not exceed 960 hours in the fiscal year. • Appointed retiree shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
• Appointment may be made only once.

BACKGRO UND (Continued) 4
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• There is no financial impact resulting from adoption of this resolution.
• The total estimated cost of Ms. Kelly’s appointment in FY 24-25 will come from salary savings from her vacant position which is included in the FY 24-25 Budget.

FINANCIAL IMPACT 5
375

QUESTIONS
6 376