Oxnard City Council
September 17, 2024

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street September 17, 2024
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 7:00 PM
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IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET INPERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/citymeetings. *Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.

AMENDED AGENDA
Information/Consent Item L.6 – Added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 17, 2024 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internetbased service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Molina v. Nguyen, et al.

Court of Appeal, Second Appellate District, Division Six Case No. B327286 (Superior Court Case No. 56-2020-00541689-CU-PT-VTA)
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in two potential cases.

Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.

Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)

1. Public Works Department
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 17, 2024 PAGE 3
SUBJECT: Water Workshop. (120 minutes)
RECOMMENDATION: That the City Council hold a Water Workshop. (Public Works and Transportation Committee approved 3-0 on July 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ll7cQ5OeRYk
Live presentations to be provided by local water agencies.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
E. OPENING CEREMONIES (7:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Week of September 17 - 23, 2024 as "Constitution Week."

2. SUBJECT: Presentation of a Commendation to the El Rio Fastpitch 12u Gold Allstar Team for Winning the USA Softball State and National Championship.

3. SUBJECT: Presentation of a Commendation to The Arc of Ventura County on the Occassion of Their 70th Anniversary.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

J. REVIEW OF INFORMATION/CONSENT AGENDA
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 17, 2024 PAGE 4
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the July 16, 2024 and July 30, 2024, regular meetings as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Public Works Department
SUBJECT: First Amendment for Agreement 32400250 with NBS Government Finance Group for Special District Administrative, Professional, and Technical Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the First Amendment to an Agreement with NBS Government Finance Group in the amount of $387,718 for a new not to exceed contract amount of $1,462,952 for ongoing administrative, professional, and technical services for the Special Districts Division.
(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Police Department
SUBJECT: Southern California High Tech Task Force (SCHTTF) Agreement # 32500147 to provide professional services to the Police Department.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a twoyear service agreement (agreement #32500147) with the County of Ventura and the Ventura County Sheriff’s Office for services with the Southern California High Technology Task Force (SCHTTF) in an amount not to exceed $250,000.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

4. City Manager Department
SUBJECT: Readopt a Resolution to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in the Channel Islands Harbor.

RECOMMENDATION: That the City Council:

1. Readopt a Resolution of the City Council of the City of Oxnard Authorizing the City of Oxnard to enter into an Agreement (4600015993) with the State of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Projects and Authorizing the City Manager to Execute the Agreement on behalf of the City;

2. Accept a grant from the California State Department of Water Resources (DWR) in the amount of $500,000 for the Channel Islands Harbor water quality remediation; and 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 17, 2024 PAGE 5

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

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

5. Housing Department
SUBJECT: Amendment and Extension of the Agreement with the County of Ventura and local hotel operators in support of the Encampment Resolution Funding Program.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute a First Amendment to Agreement No. 32400434 with the County of Ventura for partnership in delivery of encampment response outreach and case management services via the Ventura County Health Care Agency in the amount of $145,000 for a total agreement amount not to exceed $1,308,614.34, and to extend the term of the agreement to April 30, 2025;

2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators through February 28, 2025 to offer non-congregate shelter. (This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

6. Finance Department
SUBJECT: City's Monthly Investment Report for the period ending July 31, 2024.

RECOMMENDATION: This is an information item for the City Council to receive and file.

This item did not originate in Committee.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
M. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Request for a Zone Change to adopt the proposed Affordable Housing Discretionary (AHD) Additive Zone for the project site; and Appeal of Planning and Zoning Permit No. 22-500- 04 (Special Use Permit); Property Located at 2151 Lockwood Street, APN 213-0-090-275; Project Name: Lockwood III Apartments. (60 minutes).

RECOMMENDATION: That the City Council conduct a public hearing and:

1. Adopt a Resolution adopting Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01 for the 2151 Lockwood Street; Lockwood III Apartments Project (Governor's Office of Planning and Research State Clearinghouse No. 2024030528);

2. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 22-570-01 (Zone Change), subject to certain findings and conditions; and

3. Adopt a Resolution denying the appeal and upholding the Planning Commission’s decision to grant Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Planning and 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 17, 2024 PAGE 6
Zoning Permit No. 22-535-03 (Density Bonus), subject to certain findings and conditions. (This is a Public Hearing and was reviewed by the Planning Commission, therefore 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/vAjct7XkbWc
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
N. REPORTS

1. Finance Department
SUBJECT: Fifth Amendment to Tyler Technologies Software as an ERP Service Agreement (A8767), Extending the Contract for Five-Year Term, Expiring October 31, 2029. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Fifth Amendment with Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) Software as a Service (SaaS) Agreement for a First Renewal for a Five-Year Term for an Amount Not to Exceed $5,800,000 for a New Ten-Year Contract Total of $11,500,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UJEE4f8u35o
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
O. ADJOURNMENT
6 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: September 17, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Water Workshop. (120 minutes)

RECOMMENDATION
That the City Council hold a Water Workshop.
(Public Works and Transportation Committee approved 3-0 on July 23, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ll7cQ5OeRYk
Live presentations to be provided by local water agencies.

BACKGROUND
Drinking water is a complex subject, ranging from very technical operations and testing to legal water rights and adjudication of groundwater basins. Coupled with this is the influence of climate change, with anticipated dryer than normal dry years and wetter than normal wet years. Oxnard, as a retailer of water, is involved in all aspects of the complex water world. Please review the video regarding Oxnard’s water operations for additional background:
https://www.youtube.com/watch?v=bkf7qsuGW0Y&t=315s

DISCUSSION
There are many aspects related to the procurement, treatment, and distribution of drinking water. This includes working with outside agencies to provide safe and reliable drinking water. There are also State and Federal regulations along with legal aspects related to the supply of water for Oxnard’s customers.

Because of the ever-changing world of water, staff recommends the City Council hold a water workshop. The intent of the workshop is to provide updates on the complexities of supply, reliability, and costs of local and imported water.

City staff has invited staff from our local agency partners to present at the workshop and to be available for questions and discussion. Invitations were provided to United Water Conservation District, Fox Canyon Groundwater Management Agency, and Calleguas Municipal Water District.

The recommended topics for the workshop are, but are not limited to, the following:

1. Oxnard’s water
a. Operational statistics (customers, total volume averages, etc.) b. Sources of potable water - where it comes from/cycle of water i. City Groundwater
7 ii. Import from Calleguas (Metropolitan Water District)

1. Delivery to Port Hueneme Water Agency
iii. Groundwater from United Water
c. Sustainability/Reliability/Rights of Water
i. Importance to Oxnard customers
ii. Protecting rights/perfection of rights
iii. Cost of water by source
d. Recycled water (Advanced Water Purification Facility) i. Theoretical capacity now
ii. Future theoretical capacity
iii. Production average now

1. Customers
iv. Recycled Water Pumping Allocation access
v. Recycled Water delivery agreement
e. Aquifer Storage and Recovery (ASR)
i. Project status
ii. Next steps
iii. Future uses (indirect potable reuse); theoretical volume f. Other Capital Improvement Program (CIP) Projects and Groundwater Recovery Enhancement and Treatment (GREAT) projects
i. CIP Projects
ii. AWPF expansion (GREAT)
iii. ASR well field and indirect potable reuse (GREAT)
iv. Seawater intrusion barrier (GREAT)

2. Fox Canyon Groundwater Management Agency
a. Mission
b. Interaction with the City
c. Key items
i. Sustainable Groundwater Management Act
ii. Groundwater Sustainability Plan

1. Groundwater ramp down
iii. Storage of water in the basin
d. Allocations
i. Why do we have them
ii. New ordinance regarding flex allocation

3. Calleguas Municipal Water District
a. Mission
b. Interaction with the City
c. Key items
i. MWD connection
ii. Import water/treated water
iii. Single connection

4. United Water Conservation District
a. Mission
b. Interaction with the City
c. Key items
i. Groundwater recharge
ii. Groundwater provider
iii. Freeman diversion
iv. Future CIP projects

5. Groundwater basin adjudication
a. What is it
b. Key items
i. Oxnard impact

1. Reliability of water

2. Cost of water - impact to rate payers
8 3. Impact to future Oxnard Water CIP projects
c. Current status
d. Next steps

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
There is no fiscal impact with this recommendation.

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

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS

1. Presentation
9 Water Workshop
City Council
September 17, 2024
Michael Wolfe, P.E.

Director of Public Works
10 That the City Council hold a Water Workshop
Recommendation 2
11 • Complexity of Drinking Water
• Operations
• Testing
• Capital projects
• Water rights and allocations
• Groundwater adjudication
• Impact of the climate
• Availability and how much is needed
• dry years
• wet years
• Oxnard’s water operations: Oxnard Water Operations
Video
BACKGROUND 3
12 HYDROLOGIC CYCLE 4
*Image from Ventura County PWA Presentation July 2022
13 OXNARD’S WATER WORLD 5
14 • Procurement, Treatment, and Distribution
• Collaboration with external agencies
• Changing State and Federal regulations; local governances • Proposal for Water Workshop
• Update on supply, reliability, and cost complexities
DISCUSSION 6
15 Proposed Workshop Outline

1. Overview of Oxnard’s Water

1. Fox Canyon Groundwater Management Agency

1. Calleguas Municipal Water District

1. United Water Conservation District

1. Groundwater Basin adjudication
DISCUSSION 7
16 There are no fiscal impact with the recommendations.

FINANCIAL IMPACT 8
17 QUESTIONS?
9 18

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: September 17, 2024
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the minutes of the July 16, 2024 and July 30, 2024, regular meetings as presented.

BACKGROUND
Approval of Minutes.

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 is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 07 16 2024 CC Regular Meeting

2. MINUTES 07 30 2024 CC Regular Meeting
19 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 16, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:01 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Basua joined the meeting at 5:08 p.m. Councilmember Valenzuela arrived at 5:11 p.m.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in two potential cases. Legislative Body: City Council.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION ((Government Code section 54956.9(d)(1)).

Name of case: Consolidated Electrical Distributors Inc. v. JTEC Corporation, et al.

Ventura County Superior Court, Case No. 2023CLBC016758
Legislative Body: City Council

3. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Manager
Legislative Body: City Council

4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Attorney
Legislative Body: City Council
At 5:02 p.m., the City Council recessed into a closed session. At 6:12 p.m., the City Council 20 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 2
reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney reported that on Item C.1 of the closed session agenda, the City Council by a unanimous vote has directed the City Attorney to initiate an action. The action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

City Attorney Fischer also noted that the Council would be reconvening in closed session following the end of the open session agenda business to conduct the public employee performance evaluation of the City Attorney. At 7:58 p.m., the City Council recessed into a second closed session. At 8:26 p.m., the City Council reconvened in an open session in the Council Chambers. City Attorney Fischer announced that no reportable actions resulted from the second closed session for item C.4.

No public comments were received.

D. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance.

E. CEREMONIAL ITEMS

1. Presentation of the 2024 Ventura County Fair Poster.

Mayor Zaragoza read the proclamation and presented it to Miriam Mack, Board Member followed with a few words and announced that it is the Ventura County Fair’s 150th Anniversary. 1st Place winning poster artwork created by Stephanie Garcia won the 2024 Youth Poster Contest for the Ventura County Fair.

2. Presentation of a Commendation to Climate First: Replacing Oil & Gas (CFROG) on the Occasion of their 10th Anniversary.

Mayor Zaragoza read the proclamation and presented it to Haley Ehlers, Executive Director of Climate First: Replacing Oil & Gas (CFROG), a grassroots nonprofit dedicated to the transition to a fossil fuel free future in Ventura County. Brook Balthaser, Community Organizing Manager; Abrah Cate Steward, Program Manager; and Merrill Berge, Board Chair also joined Council on the dais to accept the proclamation and followed with a few words.

3. Presentation of the Oxnard Housing Authority Education Scholarship Program.

Mayor Zaragoza introduced Emilio Ramirez, Housing Director who shared information about the Oxnard Housing Authority Education Scholarship Program requirements and who is eligible to apply.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Gabriela Renteria, Jess Ramirez, and Esperanza Andrade (youth 21 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 3
championship soccer team trip fundraiser); Cami Pinsak, Ventura County Coastal Association of Realtors (Quarterly Outreach Program/Housing Market Crisis); Jovanni Flores Santillan, Eiliethyia Ruiz, and Alex Flores (Community Park/Recreational Area).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Alex Nguyen provided a few community updates. Police Chief Jason Benites provided a brief presentation of fireworks statistics, the dangers of fireworks and injuries, and reminded the residents that fireworks are illegal in the City of Oxnard.

1. Public Works Department
SUBJECT: Continuation of an Emergency Order for Replacement of the City’s Data Center Cooling System.

RECOMMENDATION: That the City Council review and approve the continuation of the City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System. (This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)
Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.

It was moved by Councilmember Perello, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-8 were reviewed and discussed among the Council and staff. Councilmember Teran recused from voting on Item K-7 due to a professional business contract with the County of Ventura.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
22 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 4
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 27, 2024 regular meeting as presented.

2. Community Development Department
SUBJECT: Planning and Zoning Permit No. 22-300-03 (Final Map for Tentative Subdivision Map No. 6062) for the Santiago Industrial Suites Subdivision.

RECOMMENDATION: That the Oxnard City Council:

1. Accept Final Map No. 6062 (Planning and Zoning Permit No. 22-300-03) for the Santiago Industrial Suites Subdivision;

2. Receive and file a “Notice of Pending Approval” for Subdivision Map No. 6062 (Planning and Zoning Permit No. 22-300-03) by the Community Development Director including signature of “City Council’s Certificate” on the title sheet.

3. Public Works Department
SUBJECT: Third Amendment to Agreement A-8136 with Enterprise Fleet Management.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to the Agreement with Enterprise Fleet Management, Inc. increasing the current agreement value by $8,518,000 for a total not to exceed amount of $15,313,000 and extend the term through April 18, 2026, utilizing the Sourcewell contract 030122-EFM for Fleet Management Services that includes vehicle leasing and maintenance management. (Public Works and Transportation Committee approved 2-0 on June 25, 2024)

4. Public Works Department
SUBJECT: Public Project Agreement 32400551 with West Star Environmental, Inc. for Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23-13R2.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $301,560 in Project funds for the Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23-13R2;

2. The Mayor to execute an Agreement with West Star Environmental, Inc. in the amount of $251,300 with a Project contingency amount of $25,130 (10%) with West Star Environmental, Inc. for a total not to exceed value of $276,430 for the Project;

3. A Project allocation amount of $25,130 (10%) for engineering, inspection, and project management for the Project;

4. Adding Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project to the City of Oxnard Five Year Capital Improvement Program; and

5. A new Fiscal Year 2024-25 project budget appropriation of $301,560 from the Wastewater Operating Fund (611) available fund balance as well as the corresponding Wastewater Capital Fund (612) transfer in / appropriation in the same amount. (Public Works and Transportation Committee approved 2-0 on June 25, 2024.) 23 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 5

5. Police Department
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.

6. Police Department
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.

7. Police Department
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.

8. City Attorney Department
SUBJECT: Adoption of Ordinance No. 3047 Prohibiting City Subsidy of Services Previously Funded by a Special District Under Specific Circumstances.

RECOMMENDATION: That the City Council adopt Ordinance No. 3047 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.

Consent Items K.1 – K.6 & K.8
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

Consent Item K.7
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and 24 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 6
Zaragoza voted in favor; motion passed 6-0-1. Councilmember Teran recused due to a professional business contract with the County of Ventura.

L. PUBLIC HEARINGS

1. Community Development Department
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).

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 Resolution No. 15,818 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.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.

Councilmembers reported the ex parte communications received on this item.

Joe Pearson II, AICP, Planning and Environmental Services Manager was available to answer questions and stated that there is a correction to the recommendation, the location is west instead of east Rice Avenue.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilmember Valenzuela, seconded by Councilmember Teran, to approve the recommended actions as amended. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

M. REPORTS

1. City Attorney Department
SUBJECT: Introduction of Omnibus City Code Update – Ordinance No. 3049.

RECOMMENDATION: That the City Council introduce and waive further reading of Ordinance No. 3049 titled:
25 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 7

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
Jason Zaragoza, Deputy City Attorney was available to answer questions. No public comments were received.

It was moved by Councilmember Teran, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Mayor Pro Tem MacDonald was absent during this vote.

2. Fire Department
SUBJECT: Oxnard EMS Corps Project Update and Staff Request.

RECOMMENDATION: That the City Council:

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

2. Approve and Adopt Resolution No. 15,819 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 Resolution No. 15,820 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.

Alexander Hamilton, Fire Chief was available to answer questions. No public comments were received.

It was moved by Councilmember Teran, seconded by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

3. Public Works Department
SUBJECT: Five Year Capital Improvement Program for Fiscal Years 2025-2029.

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 26 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 8
Council for discussion and review. The City Council approved this item, with modification, on June 4, 2024.)
Morgan Kessler, City Engineer was available to answer questions. No public comments were received.

It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

4. Public Works Department
SUBJECT: Authorization to Accept a Federal Grant of $3.8M for the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project.

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 nonfinancial 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.)
Timothy Beaman, Assistant Public Works Director was available to answer questions. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

5. Human Resources Department
SUBJECT: Resolution Certifying Exception to CalPERS 180 Day Wait Period for Employment of a Retired Annuitant.

RECOMMENDATION: That City Council adopt Resolution No. 15,821 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.)
Steve Naveau, Human Resources Director was available to answer questions. No public comments 27 JULY 16, 2024 OXNARD CITY COUNCIL PAGE 9
were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:27 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
28 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 30, 2024
A. ROLL CALL, POSTING OF AGENDA
At 4:34 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Arthur Valenzuela, Mayor Pro Tem Bryan A.

MacDonald, and Mayor John C. Zaragoza were present. Councilmember Gabriel (Gabe) Teran was absent.

Councilmember Basua joined the meeting at 4:48 p.m.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representative: Bryan MacDonald, Mayor Pro Tem.

Unrepresented employee: City Attorney
Legislative Body: City Council

2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representative: Bryan MacDonald, Mayor Pro Tem.

Unrepresented employee: City Manager
Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case.

Legislative Body: City Council

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.

Legislative Body: City Council
29 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 2

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 161 Hueneme Road, Oxnard, CA (APN 222-0-011-305) Agency Negotiator: Emilio Ramirez, Housing Director
Negotiating Party: Eddie Antoian
Under Negotiation: Price and terms of payment
Legislative Body: City Council

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 258 West Pleasant Valley Road, Oxnard, CA (APN 222-0-101-070) Agency Negotiator: Emilio Ramirez, Housing Director
Negotiating Party: Sarah Ortiz
Under Negotiation: Price and terms of payment
Legislative Body: City Council
At 4:37 p.m., the City Council recessed into a closed session. At 5:14 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney reported that regarding Closed Session Item C.4, the City Council by a vote of 5 to 0 with Councilmember Teran absent and Councilwoman Basua not participating, directed the City Attorney to take the necessary steps for the City of Oxnard to “opt in” and participate in the proposed nationwide settlement agreement to resolve legal claims against Kroger Company related to alleged misconduct related to opioids. Detailed information about the proposed settlement can be found at the website for the settlement: nationalopioidsettlement.com.

Mayor Zaragoza and City Attorney Fischer noted that the Council would reconvene the closed session after the open session business was completed.

At 7:48 p.m., the City Council recessed into a second closed session. At 8:10 p.m., the City Council reconvened in an open session in the Council Chambers. City Attorney Fischer announced that no reportable actions resulted from the second closed session for items C.1, C.2, C.5 and C.6. No public comments were received.

D. APPOINTMENT ITEMS (5:00 PM)

1. Presentation by the Youth Coalition of Oxnard on Cannabis Dispensary & Smoke Shop Advertisement Targeting Oxnard Youth.

The Youth Coalition of Oxnard presented their project to Council regarding the cannabis dispensaries and smoke shops advertisements targeting Oxnard Youth. Members of the coalition present were Miguel Salcido, Catia Tran, Ashley Pineda, David Zavala, Giselle Juarez, Crystal Aguilera, Michael Segawa, and Robert Gomez. Sharai Silva was also acknowledged for her contribution to the project but was not present.

2. Presentation by California State University Channel Islands President Yao on the State of the 30 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 3
University.

Richard Yao, Ph.D., President of the California State University Channel Islands (CSUCI) provided Council presented to Council and provided an update on the university’s achievements and activities.

E. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance.

F. CEREMONIAL ITEMS

1. Presentation of Resolution No. 15,822 Commending Barbara Wulf for over Twenty-Seven Years of Outstanding Service to the City of Oxnard.

Mayor Zaragoza read Resolution No. 15,822 and presented it to Barbara Wulf, who followed with a few words. Omar Castro, Water Division Manager congratulated Ms. Wulf and thanked her for the years of dedicated service to the City of Oxnard.

It was moved by Mayor Zaragoza, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Valenzuela, and Zaragoza voted in favor; motion passed 5-0. Councilmember Perello was absent during this vote. Councilmember Teran was absent at this meeting.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Maria Navarro, Pat Brown (New businesses and affordable housing), Gary Blum, Oxnard Downtown Association (Successful Salsa Festival Grant Program), Arline Carter (homeless concerns), Greg Runyon (Thank you Mayor Zaragoza), Brenda Holmes (Voting Rights), Brian Krinsley (Voting Rights), Kathy Morgan (Voting Rights), Albert Diaz, and Pamela Hellenbrand (Zoning).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. Public Works Department

SUBJECT: Ratify the Declaration of Terminating the Emergency Order and Ratify Agreement 32500074 with LDP Associates, Inc. for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION: That the City Council:

1. Ratify the City Manager’s declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System;

2. Ratify an Agreement with LDP Associates, Inc. in the amount of $274,239 with a Project contingency amount of $27,424 (10%) with LDP Associates, Inc. for a total not to exceed value 31 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 4
of $301,663; and

3. Approve a Project allocation amount of $13,712 (5%) for engineering and project management for the Project.
(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)
Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.

It was moved by Councilmember Madrigal, seconded by Mayor Pro Tem MacDonald, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Valenzuela, and Zaragoza voted in favor; motion passed 5-0. Councilmember Perello and Councilmember Teran were absent during this vote.

I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L-9 were reviewed and discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public written comments were received from Lawrence Stein (L.4) and Brian Krinsley (L.6).

L. INFORMATION/CONSENT AGENDA

1. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances for the Month of May 2024.

RECOMMENDATION: Staff recommends that the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of May 2024. (This item did not originate in Committee.)

2. Police Department
SUBJECT: First Amendment to Agreement 32400297 with Petroleum Telcom, Inc.

RECOMMENDATION: That the City Council approve and authorize the execution of the First Amendment to the Trade Services Agreement #32400297 with Petroleum Telcom, Inc. dba Telcom, Inc. for mobile radio installation services, increasing the amount not to exceed 32 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 5
from $900,000 to $1,150,000.
(This item did not originate in Committee.)

3. Public Works Department
SUBJECT: Agreement 32500028 with Carollo Engineering, Inc. for On-Call Consulting Services for Water and Recycled Water Treatment Process Support.

RECOMMENDATION: That the City Council authorize the Mayor to execute an Agreement with Carollo Engineering, Inc. for a total amount not to exceed $200,000 for an initial oneyear term from July 31, 2024, to July 30, 2025, with the option to extend for two (2) consecutive one (1) year period extensions, that shall not exceed a total of three (3) years for a final term ending July 30, 2027, for On-Call Consulting Services for Water and Recycled Water Treatment Process Support.
(Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

4. Public Works Department

SUBJECT: Second Amendment to Agreement 9648-22-CM with Pacific Coast Elevator Corporation, dba Amtech Elevator Services, for Elevator Inspections, Maintenance, and Repairs.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to the Agreement with Pacific Coast Elevator Corporation, dba Amtech Elevator Services, to increase the current not to exceed amount from $200,000 to $500,000 and extend the term to August 31, 2025, for elevator inspections, maintenance, and repairs. (Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

5. Public Works Department
SUBJECT: Public Project Agreement 32500024 with Oilfield Electric Company for On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Oilfield Electric Company for a total amount not to exceed $1,860,000 for a three (3) year term for On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100.
(Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

6. Community Development Department
SUBJECT: Response to Grand Jury Report on the City of Oxnard Permitting Process, “Building Better Together.”

RECOMMENDATION: That the City Council authorize the Mayor to respond, on behalf of the City Council, to the Grand Jury's "Building Better Together" report dated June 5, 2024. (This item did not originate in Committee.)
33 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 6

7. City Attorney Department
SUBJECT: Adoption Ordinance No. 3048 - Establishing a Tobacco Retailer Cap.

RECOMMENDATION: That the City Council adopt Ordinance No. 3048 titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 11-377 OF THE OXNARD CITY CODE BY ESTABLISHING A CAP ON THE

NUMBER OF TOBACCO RETAILER PERMITS THAT MAY BE ISSUED BY THE CITY WITH CERTAIN EXCEPTIONS.
(Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 19, 2024.)

8. City Attorney Department
SUBJECT: Adoption of an Omnibus City Code Update - Ordinance No. 3049.

RECOMMENDATION: That the City Council adopt Ordinance No. 3049 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.
(This item did not originate in Committee.)

9. Finance Department
SUBJECT: City’s Quarterly Investment Report for the period ending June 30, 2024.

RECOMMENDATION: That the City Council receive and file the City's quarterly investment report.
(This item did not originate in Committee.)
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Teran was absent.

M. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Amendment to City’s Five-Year (2019–2023) Permanent Local Housing Allocation Plan.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive comments relating to a proposed amendment to 34 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 7
the City of Oxnard Five-Year Permanent Local Housing Allocation Plan; and

2. Adopt amended Resolution No. 15,823 amending the City of Oxnard Five-Year Permanent Local Housing Allocation Plan.
(This item did not originate in Committee)
The City Clerk announced the affidavit of publication and stated that no written communications were received.

Emilio Ramirez, Housing Director and Michael Wolfe, Public Works Director answered questions.

Housing Director Ramirez asked Council to amend the recommended action, as follows:

That the City Council approve amending the PLHA plan which reflects the language of the presented staff report allocating funds away from a development use and toward the operation of the Homeless Navigation Center on K Street and the buildout of the new Navigation Center on B Street.

Resolution No. 15,823 was amended and reviewed by City Attorney Fischer to implement the changes approved by Council.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Lawrence Stein.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended actions as amended. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Teran was absent.

N. REPORTS

1. Public Works Department
SUBJECT: Construction Contract Increase for Pleasant Valley Restroom Project.

RECOMMENDATION: That the City Council approve and authorize an additional project contingency in the amount of $2,911.56 to Agreement A-8485 with NoHo Constructors for a new not-to-exceed contract value of $242,161.56.
(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.)
Morgan Kessler, City Engineer was available to answer questions. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted 35 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 8
in favor; motion passed 6-0. Councilmember Teran was absent.

2. Public Works Department
SUBJECT: Sewer Main Transfer of Ownership Agreement A-8560.

RECOMMENDATION: That the City Council authorize the City Manager to execute an Agreement and any associated documents transferring the ownership of the out-of-service Sewer Main from the City of Oxnard to the City of Port Hueneme. (Public Works and Transportation Committee approved 3-0 on July 9, 2024.) Timothy Beaman, Assistant Public Works Director was available to answer questions. Public comments were received from Lawrence Stein.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 5-0-1. Councilmember Basua recused due to her employment with the City of Port Hueneme. Councilmember Teran was absent.

3. Public Works Department
SUBJECT: Agreement 32500043 with Carollo Engineering, Inc. for Engineering Services for Aquifer Storage and Recovery Pilot Well PW 24-107.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Carollo Engineering, Inc. for a total amount not to exceed $859,069.50 from August 1, 2024 to January 31, 2026 for Engineering Services for Aquifer Storage and Recovery Pilot Well.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Michael Wolfe, Public Works Director was available to answer questions. Public comments were received from Lawrence Stein.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 5-0-1. Mayor Pro Tem MacDonald recused due to owning property in the project area.

Councilmember Teran was absent.

4. Information Technology Department
SUBJECT: Second Amendment to Agreement 32400125 with Hireclout for IT Consulting and Recruiting Services.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute a Second Amendment to Professional Services Agreement 32400125 with Hireclout, Inc. to increase the value of the agreement from $850,000 to $1,500,000 through June 30, 2025, for 36 JULY 30, 2024 OXNARD CITY COUNCIL PAGE 9
information technology consulting and recruitment services. (Finance & Governance Committee approved 3-0 on July 9, 2024.) Robert Ruben, Chief Information Officer was available to answer questions. Public comments were received from Lawrence Stein. Written comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Teran was absent.

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:10 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
37 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: September 17, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: First Amendment for Agreement 32400250 with NBS Government Finance Group for Special District Administrative, Professional, and Technical Services.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the First Amendment to an Agreement with NBS Government Finance Group in the amount of $387,718 for a new not to exceed contract amount of $1,462,952 for ongoing administrative, professional, and technical services for the Special Districts Division. (This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)

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

NBS Government Finance Group (“NBS”) specializes in the administration of California special financing districts. Since 2017, the City has contracted with NBS to provide administrative support to the Special Districts Division for budget preparation, assessment computation and rate analysis, submission of the annual Engineer’s Report, levy submittal, and several additional projects that included on-call services.

The Purchasing Division released a Request for Proposals (“RFP”) PW24-02 for Special Districts Administrative Professional and Technical Services on August 16, 2023 with a proposal due date of September 11, 2023. The RFP received one proposal from NBS, who was the City’s current consultant.

In January 2024, Agreement 32400250 was executed for a three year term with two additional one year options for a total Agreement term of up to five years. The initial not to exceed Agreement amount was $1,028,484 for the full five year term. The services provided by NBS include administrative support to the Special Districts Division for budget preparation, assessment computation and rate analysis, submission of the annual Engineer’s Report, levy submittal, and on-call services.

DISCUSSION
38 Staff met with NBS regarding necessary changes for specific language within the Agreement. This includes invoicing for each report individually, specifying that on-call services will be invoiced quarterly, and requiring the invoices to include a description of the services rendered. Staff is also recommending that this First Amendment to Agreement 32400250 incorporates changes that easily identifies one-time charges for services rendered. This includes the anticipated costs for the formation of a CFD for the Teal Club Development, the reformation of CFD 9 for the Northshore Development at Mandalay Bay, and other potential district reformations or adjustments for the Waterways Assessment Districts, Maintenance Assessment District, or Landscape Maintenance Districts. These services were included in the original agreement, but they were not adequately included within the original not-to-exceed amount. In order to account for the potential future costs attributable to these services, staff is recommending an increase of $191,567 for the on-call consulting services with a revised total on-call expense of $446,775.

NBS will only be compensated for services approved prior to their provision. This First Amendment for Agreement 32400250 will not change the original approved term of three years with the option for two additional one year extensions.

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

FINANCIAL IMPACT
The total cost of this Agreement including the First Amendment for $387,718, shall not exceed $1,462,952 for the full five year term. This increase is substantiated with supporting documentation showing revised totals to include CFD 9 services and formation/reformation of district pricing.

The estimated spending plan for the remainder of Fiscal Year 2024-25 is $280,152. Sufficient funds are included in the Adopted FY 2024-25 Operating Budget and subsequent fiscal years will be requested through the annual budget process and included in the proposed assessment of the applicable Districts. Expenses are charged to the specific Districts that receive the services and there is no impact to the General Fund beyond the required General Fund Contribution for the Landscape Maintenance Districts.

COMMITTEE OUTCOME
This item did not originate in committee because it is a continuation of an item previously approved by the City Council.

Prepared by: Anthony Miller, Interim Special Districts Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. First Amendment 32400250 NBS Government Finance Groupn FINAL

2. 32400250 NBS Government Finance Group
39 Agreement No. 32400250
FIRST AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)

FIRST AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES AGREEMENT This First Amendment (“First Amendment”) to the Consultant/Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and NBS Government Finance Group (“Consultant”). This First Amendment amends the Agreement entered into on January 01, 2024, by City and Consultant.

City and Consultant agree as follows:

1. The agreement amount in Section 4 of the Agreement is hereby amended to “$1,462,952.”

2. The reference to the Scope of Services everywhere it is listed in the Agreement is hereby amended to the Scope of Services A-1. The Exhibit Scope of Services is hereby disincorporated; instead, the Scope of Services A-1, exhibit is attached hereto and incorporated herein by this reference.

3. The reference to the Exhibit B Schedule of Compensation everywhere it is listed in the Agreement is hereby amended to add also the Exhibit B-1 Schedule of Compensation. Exhibit B-1 Schedule of Compensation is attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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FIRST AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD NBS GOVERNMENT FINANCE GROUP
☐John C. Zaragoza, Mayor1 Date Greg Davidson, Date
☐Jennifer Yates, Purchasing Agent 2 Vice President
Michael Rentner, Date
President & Secretary3
ATTEST:

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

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 of 17
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EXHIBIT A-1

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and NBS Government Finance Group)

SCOPE OF SERVICES
Administration Services for the City's Maintenance Assessment Districts (LMD/MAD)

1. Database Development. Consultant will update the database with current County Assessor's information including property owner names, property owner addresses and any other available data that will augment the existing database.

2. Budget Preparation. Consultant will meet with City staff to review each district's budget for the coming fiscal year. This budget will be based on historical costs, actual and/or projected changes in costs and/or improvements to be maintained. Cost categories may include but are not limited to capital improvements, maintenance costs, incidental costs (engineering, legal, district administration) and reserve funds.

3. Assessment Computation and Rate Analysis. Consultant will compute the assessment for each parcel within each district according to its method of assessment. Consultant will provide an assessment summary which will include a comparison of current year rates versus prior year rates, separate by zone and land use, if applicable, and fund balance information.

4. Engineer’s Report Preparation. Consultant will prepare and provide to City staff the annual Engineer's Report for each district. Each such Engineer's Report will consist of:
a) Background of the district.
b) A detailed and technically supported Method of Assessment. c) A description of the improvements and services funded by the district. d) A cost estimate for the improvements and services being funded. e) Copy or reference to the original district diagram.
f) A table showing assessed rates by zone and land use. g) An assessment roll listing assessments by parcel or reference a complete roll on file with the City.

5. Meet with City Staff. Consultant will meet with City staff to review each Engineer's Report for modifications and approval.

6. Noticing and Resolution Coordination. Consultant will coordinate activities to ensure that required tasks are completed within the scheduled time frame. Consultant will assist the City with preparation of any notice of assessments, public hearings, or other meetings requiring publication. Consultant will assist the City with preparation of the staff report, all legal notices and the associated resolutions described below:
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a) Resolution describing improvements, initiating proceeding and ordering the Consultant's engineer to prepare and file a report for the City.
b) Resolution preliminarily approving the Engineer's Report c) Resolution of intention declaring the intention of the City Council to levy and collect assessments and setting a date for the public hearing.
d) Resolution authorizing the placement of assessments on the secured property tax bills.

7. Meeting Attendance. Consultant will attend up to a total of two (2) public meetings per fiscal year such as workshops and City Council meetings (in addition to and not including the town hall meetings in B(1) of this Exhibit A-1), as requested by the City.

8. Levy Submittal. Consultant will submit the levy to the Ventura County Auditor Controller in the required format. Assessments rejected by the Ventura County AuditorController will be researched and resubmitted for collection on the Ventura County Tax Roll.

Any parcels that are not submitted to Ventura County for collection will be invoiced for payment directly to the City.

9. Final Engineer’s Report. Consultant will update and deliver to City staff each annual Engineer's Report.

10. Toll-Free Phone Number. Consultant shall provide a toll-free phone number for use by the City, other interested parties and all property owners during regular business hours, Monday-Friday 8:00 a.m. to 5:00 p.m. Consultant will be available to answer questions regarding each district and the ongoing collection of assessments. Bilingual staff is available to assist Spanish-speaking property owners.

On-Call Assistance to City Staff with Special Requests Related to the Administration of the Special Financing Districts But Not In Scope of Services

11. On-Call Assistance. Consultant will be available to answer questions and assist City staff during regular business hours, Monday-Friday 8:00 a.m. to 5:00 p.m. on special requests involving the administration of the Special Financing Districts, as requested. On-call assistance is intended to cover time, material, and all other costs for tasks related to the administration of the Special Financing Districts (1915, CFD, LMD/MAD, and others) and not already included in the scope of services of this Agreement. On-Call assistance may include, but not be limited to:
a) Assistance with direct staff allocations.
b) Assistance with indirect cost allocations.
c) Assistance with Proposition 218 compliance on an ongoing basis. d) Assistance with maintenance contract specifications and bidding. e) Assistance with the resolution of inquiries by property owners and the public. 1915 Act Assessment District Administration Services

12. Kick-Off Meeting, Project Schedule. Consultant to meet with City staff, legal counsel and other interested parties to:
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• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify and resolve any special circumstances that may be involved in the administration of the districts
• Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
• Establish meeting dates consistent with schedule to achieve project milestones

13. Data Collection. Consultant will gather and review data relevant to the administration of the district. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information and establish a database for the assessment district.

14. Policy Review. Consultant will review policies and procedures that have been established by the City for compliance with the governing documents and law. These policies will be incorporated into our service to the City.

15. Cost Recovery. Consultant will identify all costs associated with the administration of the Assessment District and recover those costs through the levy process as outlined in §8682 and §8682.1 of the California Streets and Highways Code. These costs may include, but not be limited to Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees, and expenses of the City and its consultants related to the administration of the district.

16. Fund Analysis. Consultant will determine the balance requirements and acquire the current cash balances for the district. We will make recommendations to ensure that the flow of funds and fund balances are in compliance with bond documents. Cash flow analysis will also be performed to determine any levy shortfall or surplus.

17. Annual Assessment Levy. Consultant will calculate the annual assessment levy for each parcel in the district and submit the amount for each parcel to the County in the format and medium (i.e. tape, diskette) required by the County Auditor-Controller.

18. Resubmission of Rejects. Consultant will research the status of any parcels rejected by the County Auditor-Controller, and resubmit corrected data for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly, with payment directed to the City.

19. Maintain Assessment District Data. Consultant will annually track all parcel changes to ensure that all changes are documented. Historical parcel change and assessment apportionment data will be maintained by NBS.

20. Annual Report. Consultant will provide a comprehensive Annual Report that will show a detailed listing of the amounts submitted to the County or directly billed for collection, details of delinquent assessments, fund analysis, paid off parcels and release of liens, all bond call activity, and assessed valuation information.
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21. Delinquency Monitoring. Consultant will provide the City with a comprehensive list of delinquencies after each installment becomes due. This report will show delinquency percentage as well as a detailed list of each delinquent parcel.

22. Prepayment Calculation/Amortization Schedule. Consultant will provide assessment prepayment calculations and amortization schedules to interested parties. The requester will pay the cost of this service; however, there will be no charge to the City or property owners.

23. Bond Calls. Consultant will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee.

24. Release of Liens. Consultant will prepare all documents required to release the liens of parcels that have prepaid the assessment.

25. Notice of Special Assessment. Consultant will provide a "Notice of Special Assessment" disclosure notice to requesting parties as required by §53754 of the Government Code of the State of California. The fee of any Notice of Special Assessment shall be paid by the party requesting the disclosure notice.

26. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments for the district.

Bilingual staff is available for Spanish-speaking property owners.

27. County Assessor Reporting. Consultant will work with the County Assessor to aid in complying with the requirements of Revenue & Taxation Code 163. This includes providing data such as parcel number, original assessment and current principal balance to the County Assessor.

Community Facilities District Administration

28. Data Collection. Consultant will gather and review data pertinent to the administration of the Community Facilities District. Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. Consultant will maintain and periodically update a database of all parcels within the districts and relevant parcel information.

29. Administrative Cost Recovery. Consultant will identify all costs associated with the administration of the Community Facilities District and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California.

Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collection fees, and all costs and expenses of the public agency and its consultants related to district administration.

30. Cash Flow Analysis. Consultant will determine the cash flow requirement, acquire current fund balances and make recommendations to keep the flow of funds and fund balances in 6 of 17
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compliance with the bond documents. Fund transfers might include the transfer of available surplus funds to be used as levy credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes. Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.

31. Special Tax Requirement. Consultant will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as principal and interest due, administrative expenses, collection for direct financing of services or facilities, and a fund credit or replenishment as determined from analysis of the district funds.

32. Levy Calculation. Consultant will calculate the annual special tax levy for each parcel within the Community Facilities District following the guidelines established in the Rate and Method of Apportionment.

33. Meeting Attendance. Consultant will attend district related Council/Board meetings related to district administration, as requested by the City.

34. Parcel Tax Reporting. Consultant will prepare a report with information relating to the imposition of each locally assessed parcel tax required by the addition of Government Code (GC) section 12463.2 (chapter 781, statutes of 2014.)

35. Levy Submittal. Consultant will submit the levy to the County Auditor Controller in the required format and medium (i.e. e-mail, diskette). Special Taxes rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll.

Any parcels that are not submitted to the County for collection will be invoiced directly to the parcel owner, with payment submitted to the public agency.

36. Special Tax Levy Report. Consultant will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, current delinquency information, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the districts.

37. Delinquency Monitoring. Consultant will provide a comprehensive list of delinquencies after each special tax installment becomes due. The delinquency report will provide the district’s overall delinquency percentage as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel owner, the delinquent amount and penalties.

38. Prepayment Calculations. Consultant will provide special tax prepayment calculations to interested parties. The party requesting the calculation shall pay the fee of any prepayment calculation.

39. Bond Calls. Consultant will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee. 7 of 17
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40. Release of Liens. Consultant will prepare all documents required to release the liens of parcels that have prepaid the special tax.

41. CDIAC Reporting. Consultant will perform all necessary reporting to the California Debt and Investment Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the State of California.

42. Notice of Special Tax Disclosure. Consultant will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.

43. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the districts and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.

Continuing Disclosure (Per Occurrence)
In accordance with the Continuing Disclosure Certificate of the Bonds, Consultant will support the annual disclosure filing requirements of the SEC Continuing Disclosure Rule 15c2-12, for the Bonds existing at the time of this agreement and Bonds the Consultant has previously provided such services for. Specifically, Consultant will perform the following:

44. Document Review. Consultant will review pertinent documents of the Bonds, including the Official Statement and Continuing Disclosure Certificate. We will identify material such as the Comprehensive Annual Financial Report and/or other operating data that the City has agreed to provide in the Continuing Disclosure Certificate.

45. Data Collection. Consultant will collect the annual financial information and operating data that the City has agreed to provide to the Electronic Municipal Market Access system, or EMMA.

46. Report Preparation. Consultant will prepare the Annual Disclosure Report as required in the Disclosure Certificate.

47. Annual Dissemination. Consultant will disseminate the Annual Disclosure Report including City Financials to EMMA and any SID, and post to our website to allow public access free of charge.

48. Significant Events. Consultant will prepare and disseminate a “Notice of Significant Events”, as listed on the Continuing Disclosure Certificate, to EMMA, as required in the certificate. Action will commence upon notification by the City of the occurrence of any of the events.

49. City’s Responsibilities. The City shall furnish Consultant with any pertinent information that is available to the City and applicable to the services. The City shall designate a person to act with authority on its behalf in respect to the services. The City shall notify Consultant of the 8 of 17
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occurrence of any events listed in the Continuing Disclosure Certificate. The City shall promptly respond to Consultant’s requests for reviews and approvals of its work, and to its requests for decisions related to the services. City understands and agrees that Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to Consultant by City or any of its agents, Agreements or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct.

Delinquency Management (Per Occurrence)
Consultant will develop a comprehensive delinquency management program which includes a discussion and interpretation of the issuer’s foreclosure covenant together with a review of the existing policies and procedures of the City. This service can be provided as part of overall annual administration or as a stand-alone service. When deemed as the appropriate course of action, NBS will perform the following.

50. Delinquency Reports. Consultant will provide the City with an updated list of delinquencies prior to sending any of the below letters. This report will also detail each district’s percentage of delinquencies, as well as a detailed list of each delinquent parcel.

51. Reminder Letter. At the City’s direction, Consultant will send a reminder letter to the property owner of each delinquent parcel for the December 10th installment. The purpose of the letter is to inform and educate the property owner of their obligation to pay assessments.

52. Demand Letter. At the City’s direction, Consultant will send a demand letter to the property owner of each delinquent parcel for the April 10th installment. This letter will be mailed to any property owner who remains delinquent for both installments or who is delinquent for April 10th only. The purpose of this letter is to further educate the property owner and advise them of a potential foreclosure.

53. Lienholder Letter. At the City’s direction, Consultant will send a demand letter to the lienholders of loan-defaulted parcels where a Notice of Default has been filed, notifying them of the special tax / assessment delinquency and the loss of their lien position when judicial foreclosure occurs. The purpose of this letter is to educate the lienholders and to spur quick payment of delinquencies in order to protect their interest in the property.

54. Lienholder Research. At the City’s direction, Consultant will perform detailed search of public records to identify lienholders on non-loan-defaulted parcels. The purpose of this is to allow further communication from the City to educate the lienholders and to spur quick payment of delinquencies in order to protect their interest in the property.

55. Foreclosure Letter. This type of letter is typically sent after the installments for a parcel have been removed from the tax roll. The letter delineates what amount must be paid directly to the City to forestall the turnover of documents to the foreclosure attorney.

56. Tax Roll Removal and Notice. Consultant will provide the information required to remove parcels from the tax roll and coordinate with the County Auditor Controller to verify the 9 of 17
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removal. This step is in preparation of turning the parcels over for foreclosure. Once removed from the tax roll, each property owner will receive one final foreclosure letter indicating the amount due and payment instructions. NBS will file the Notice of Intent to Remove Delinquent Installments and remove such Notice upon payment of the delinquency.

57. Payment Plans. At the City’s discretion, Consultant will offer payment plans to property owners in lieu of turning parcels over to the City’s foreclosure counsel.

58. Subsequent Foreclosure Services. Consultant will prepare and deliver all information to the City’s foreclosure counsel. Consultant will also continue to supply the City’s counsel with additional information throughout the foreclosure process. Consultant will continue to respond to property owner and City staff phone calls regarding the status of all cases, and will coordinate and audit status reports on a bi-monthly basis from the City’s foreclosure counsel.

59. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Consultant’s staff will be available to answer questions regarding the formation and ongoing collection of assessments/special taxes for the districts. Bilingual staff is available for Spanish-speaking property owners.

Apportionments of 1915 Act Assessment Lien (Per Occurrence) Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and procedure that the City must follow in apportioning the assessment lien on parcels that are reconfigured and/or subdivided. With our experience in district formation and the development of methods of assessment, we are able to ensure that apportionments are properly performed.

Assuming proceeding under the preferred procedure of Part 10.5, Consultant will perform the following:

60. Application Forms. Consultant will provide apportionment application forms and instructions to the City’s Engineering representative for inclusion as a condition of approval for subdivision within an assessment district.

61. Segregation. Consultant will apportion the special assessment according to the method of spread as described in the engineer’s report.

62. Notice of Apportionment. Consultant will prepare a notice of apportionment and send it via certified mail to the issuing underwriter, as required.

63. Assessment Diagram. Consultant will prepare an amended assessment diagram and notice.

The diagram and notice will be filed and recorded with the County Recorder.

64. Amortization Schedule. Consultant will prepare an amortization schedule for each newly created assessment type.

65. Apportionment Report. Consultant will prepare and submit to the City an Apportionment Report showing the finalized apportionment and the amended assessment diagram. 10 of 17
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In the event proceedings are undertaken under Part 10, the following additional items are required:

66. Resolutions. Consultant will prepare the required resolutions to order the amended assessment, the amended assessment diagram, notices to the property owner, and fix the amount of costs to perform the apportionment.

67. Public Meetings. Consultant will be available to attend any public meetings required to complete the apportionment.
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EXHIBIT B-1

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and NBS Government Finance Group)

SCHEDULE OF COMPENSATION
Special Financing District Annual Administration

COMMUNITY FACILITIES DISTRICT (CFD) ADMINISTRATION FEES The following table summarizes our annual fees for the base CFD Administration services:

District Name Annual Base Fee
CFD 2000-3 (Oxnard Boulevard / Highway 101) $6,950
CFD No. 1 (Westport at Mandalay Bay) $6,950
CFD No. 2 (Westport at Mandalay Bay) $6,950
CFD No. 3 (Seabridge) $6,950
CFD No. 4 (Seabridge) $6,950
CFD No. 5 (Riverpark) $6,950
CFD No. 8 (Sakioka Farms) $6,950
CFD No. 9 (Northshore) $6,950
TOTAL $55,600
1915 ACT ASSESSMENT DISTRICT (AD) ADMINISTRATION FEES
The following table summarizes our annual fees for the for the base AD Administration services:

District Name Annual Base Fee
AD 2000-1 (Oxnard Boulevard / Highway 101) $4,950
AD 2001-1 (Series 2012 Refunding) $4,950
TOTAL $9,900
1915 ACT AND COMMUNITY FACILITIES DISTRICT ADMINISTRATION

SERVICES
Community Facilities Districts (Base Fee) $55,600
1915 Act Assessment Districts (Base Fee) $9,900
Estimated Expenses are capped at a total of $4,500 for the Community Facilities District Administrative Fees and 1915 Act Assessment Administrative Fees.

Total Base Fees plus Estimated Expenses $70,000.

LANDSCAPE MAINTENANCE DISTRICTS (LMD) ADMINISTRATION FEES The following table summarizes our annual fees for the for the base LMD Administration services:
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District Name Annual Base Fee
LMD No. 3 (River Ridge) $1,750.00
LMD No. 10 (Country Club Estates) $1,250.00
LMD No. 11 (St. Tropez) $1,250.00
LMD No. 12 (Standard Pacific) $1,250.00
LMD No. 13 (Le Village) $1,250.00
LMD No. 14 (California Cove) $1,250.00
LMD No. 16 (California Lighthouse) $1,250.00
LMD No. 23 (Greystone) $1,250.00
LMD No. 24 (Vineyards) $1,250.00
LMD No. 25 (Pointe) $1,250.00
LMD No. 27 (Rose Island) $1,250.00
LMD No. 28 (Harborside) $1,750.00
LMD No. 30 (Haas Automation) $1,250.00
LMD No. 31 (Rancho De La Rosa) $1,250.00
LMD No. 32 (Oak Park) $1,250.00
LMD No. 33 (El Paso) $1,250.00
LMD No. 34 (Sunrise Pointe & Sunset Cove) $1,250.00
LMD No. 36 (Villa Santa Cruz & Villa Carmel) $1,750.00
LMD No. 37 (Pacific Breeze) $1,250.00
LMD No. 38 (Aldea Del Mar) $1,250.00
LMD No. 39 (El Sueno Promesa & DR Horton/Seawinds) $1,250.00 LMD No. 40 (Cantada) $1,250.00
LMD No. 41 (Pacific Cove) $1,250.00
LMD No. 42 (Cantabria & Coronado) $1,250.00
LMD No. 43 (Greenbelt) $1,250.00
LMD No. 46 (Daily Ranch) $1,250.00
LMD No. 47 (Sycamore Place) $1,250.00
LMD No. 49 (Cameron Ranch) $1,250.00
LMD No. 50 (Pleasant Valley Senior Housing) $1,250.00
LMD No. 51 (Pfeiler) $1,250.00
LMD No. 52 (Wingfield) $1,250.00
LMD No. 53 (Huff Court) $1,250.00
LMD No. 54 (Meadow Crest Villas) $1,250.00
LMD No. 55 (Wingfield West) $1,250.00
LMD No. 58 (Westwind) $1,250.00
LMD No. 60 (Artisan) $1,250.00
MAD No. 4 (Mandalay Beach) $1,750.00
Waterways (Zones 1-Mandalay Bay & 2-Harbour Island) $1,750.00 TOTAL $50,000.00
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Districts or Zones with Less than 300 Parcels (Base Fee) $1,250 Each Districts or Zones with 300 Parcels or More (Base Fee) $1,750 Each Estimated Expenses are capped at a total of $3,500 for the Landscape Maintenance Districts.

Total Fees including Estimated Expenses $53,500.

Estimated expenses reflect an allocation of $2,000 for the signature and stamp of the annual consolidated engineer’s report by a civil engineer (one occurrence).

ON-CALL ASSISTANCE TO CITY STAFF WITH SPECIAL REQUESTS RELATED

TO THE ADMINISTRATION OF THE SPECIAL FINANCING DISTRICTS BUT NOT IN SCOPE OF SERVICES (UPON CITY’S REQUEST, HOURLY RATE SCHEDULE) Hourly per Schedule Below (Initial Authorization for the Fiscal Year) $27,000* Estimated Expenses are capped at a total of $1,500.

Total Fees plus Estimated Expenses $28,500.
*City may authorize additional hours subject to additional compensation under our hourly rate schedule.

CONTINUING DISCLOSURE
We understand that the City has bond issues currently subject to continuing disclosure preparation and dissemination. NBS will provide the services for the bonds existing at the date of this agreement for the fees as listed below. Additional issues may be added at similar fees.

Additional Services Necessary for the Ongoing Administration of the 1915 Act and Community Facilities Districts
Issuer Continuing Disclosure (Per Occurrence)*
AD 2000-1 Report Fee ………………………………………………………….………… $2,400 AD 2001-1 Report Fee** ……………………………………………………….………… $1,850 CFD No. 1 Report Fee** …………………………………………………………….…… $1,850 CFD No. 2000-3 Report Fee** ……………………………………………………….…... $1,850 CFD No. 9 Northshore Reformation District Report Fee ………………………………… $2,400 *Estimated Expenses are included in the CFD & 1915 Act sections above. **Reports are combined under the 2022 Revenue Refunding Bonds.

Developer’s Continuing Disclosure (Annually, Per Report Filed) AD 2000-1 Report Fee*……………………………………………………………………… $450
Significant Event Fee* …………………………………………… Hourly Rate or $250 per event *Estimated Expenses are included in the CFD & 1915 Act sections above.

Dissemination Services for Continuing Disclosure (Annually, Per Report Filed)* Report Dissemination (per recipient) ………………………………………………………… $25 Significant Event Dissemination (per recipient) …………………………..…………….…… $25 *Estimated Expenses are included in the CFD & 1915 Act sections above.

DELINQUENCY MANAGEMENT
Reminder Letters (1) ……………………………………………………………………..…… $15 Demand Letters (1) ………………………………………………………..…………...……... $30 14 of 17
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Lienholder Letters (1, 2) ………………………………………………….……………...…… $40 Lienholder Research (Notice of Default Not Filed) ………………………….………….... Hourly Foreclosure Letters …………………………………………….…….…….…………….….… $50 Payment Plan Administration ………………………………………………………..……… $300 Tax Roll Removal (3, 4) …………………………………………………………………..….. $75 Removal of the Notice of Intent to Remove Delinquent Installments (4).................................. $25 Subsequent Foreclosure Fees (4) …………………………………….…………………....… $100 All fees are based on a per-parcel/per-district basis, except as noted below.

1. This fee will be recovered as part of the next levy.

2. Letter is sent to lienholders where public Notice of Default has been filed. Fee reduced to $20 when sent jointly with a Foreclosure Letter to the same parcel.

3. This fee includes filing of the “Notice of Intent to Remove Delinquent Installments” but does not include County fees for removal from the tax roll.

4. This fee is per parcel/per district/per year from the initiation of the foreclosure.

APPORTIONMENTS OF 1915 ACT ASSESSMENT LIEN (PER OCCURRENCE) Apportionments will be performed upon request and paid for by the requesting party at consultant’s fee structure shown below. Consultant will apportion the assessment according to the original method of spread, prepare the amended assessment diagram, and record the notice of apportionment and amended diagram per Parts 10 and 10.5 of the Streets and Highways Code.

Apportionment Fee (Four parcels or less) ……………………….………….………………. $950 Apportionment Fee (Five or more parcels) …….……………….….. $1,800 (plus $35 per parcel) Recording Fee (each) ……………………………………….………………..……………….. $40 Resolutions …………….………………………………….…………………………………. $300
Meeting Attendance …..…………………………………..……….. Hourly Rate, plus travel costs

SPECIAL FINANCING DISTRICT FORMATION, RESTRUCTURING AND BOND

ISSUANCE
SFD Formation .................................................................................... $19,500–45,000 per district SFD Restructuring .................................................................................$9,500– 38,500 per district Bond Issuance Disclosure .............................................................. $18,500–26,500 per bond issue Estimated expenses ................................................................ $1,500–7,500 per district/bond issue In the event that a new Special Financing District is to be formed, work performed under this section will be accompanied first by a detailed proposal outlining specific tasks and costs totaling no more than the range of costs shown above.

Annual Fee Increases
Cost of living increases will be applied at a fixed rate of 3% annually starting January 2025 and annually thereafter.
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54 Agreement No. 32400250
Additional Optional Services – Hourly Rates
The following table shows our current hourly rates. Optional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.

This may include attendance at additional meetings, notice and ballots, etc.

Title Hourly Rate
Director $275
Associate Director / Engineer $250
Senior Consultant / Manager $225
Consultant $200
Financial Analyst $175
Clerical / Support $135
Terms
Base fees administration services will be invoiced at the beginning of each fiscal year.

Continuing Disclosure expenses will be invoiced one-time annually, upon completion/filing.

Fees for all other services will be invoiced quarterly. Any charges for Additional Optional Services must be itemized and include a brief description of services rendered and date of service. Expenses must be itemized and included in the next regular invoice. Itemization shall include a brief description of services rendered, which district was serviced and the date of service.

Expenses
Customary out-of-pocket expenses will be billed to the City at the actual cost to Consultant.

These expenses may include, but are not limited to, the assessment engineer’s signature and stamp, travel, mailing fulfillment, postage, supplies, telephone, reproduction, meals, and various third-party charges for data, maps, and recording fees. Any requested reimbursement over $100 requires pre-approval by the City. Please send all such requests to Anthony Miller, Special Districts Manager, at [email protected] or his designee. 16 of 17
55 IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

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

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

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

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

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

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

Date Executed
in the State of
AGREEMENT FOR PROFESSIONAL SERVICES (V0l/29/15)
Agreement No. 32400250
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88 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: September 17, 2024
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Southern California High Tech Task Force (SCHTTF) Agreement # 32500147 to provide professional services to the Police Department.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a two-year service agreement (agreement #32500147) with the County of Ventura and the Ventura County Sheriff’s Office for services with the Southern California High Technology Task Force (SCHTTF) in an amount not to exceed $250,000.

BACKGROUND
The Southern California High Tech Task Force (SCHTTF) was created in 2001 to address the increase in high technology crimes in Ventura County. This includes crimes where technology is used as an instrument to commit a crime, assist in the commission of a crime, or conduct forensic analysis of computer equipment to search for evidence associated with a criminal act. The SCHTTF is responsible for the forensic examination of all types of digital evidence, including cell phones, computers, tablets, video records, and other forms of developing computer-based equipment. The use of the SCHTTF is the most effective way to address computer-based crimes, as well as assist in investigating traditional crimes such as fraud, property crimes, sex assaults, and homicides.

All Ventura County law enforcement agencies entered into an MOU and agreed to participate in the SCHTTF funding.

Per the MOU, each city in Ventura County will contribute a percentage of the cost for three (3) Office System Coordinator III positions (forensic examiners) based on the population of their respective jurisdiction. As of June 3, 2024, the population estimate for Oxnard was 197,536, which is approximately 24% of Ventura County’s total population, which is 823,863. The following tables show the salary and benefit amounts for three (3) Office System Coordinator III positions and the approximate population amounts for Ventura County cities and the unincorporated areas.

Office System Coordinator Salary and Benefits
Office Systems Coordinator III $162,701
Office Systems Coordinator III $141,918
Office Systems Coordinator III $168,556
Total Estimate of Salaries and Benefits $473,175
The Office System Coordinator IIIs are employed by the Ventura County Sheriff’s Office and address task force responsibilities. The differences in pay rates in the table above are due to the length of employment and salary increases for each Office System Coordinator III.
89 Estimated Ventura County Population as of June 3, 2024 City Population % of County
Population
Contribution for 3 OSC III
positions
Camarillo 69,014 8.38% $39,652
Fillmore 17,061 2.07% $9,795
Moorpark 35,114 4.26% $20,157
Ojai 7,533 0.91% $4,306
Oxnard 197,536 23.95% $113,467
Port Hueneme 20,916 2.54% $12,019
Santa Paula 31,355 3.81% $18,028
Simi Valley 124,029 15.05% $71,213
Thousand
Oaks
122,643 14.89% $70,456
Ventura 107,569 13.06% $61,797
Unincorporated 91,093 11.05% 52,285
Total 823,863 100.00% $473,175
The HTTF service agreement is a two-year agreement with the following estimated cost for each Fiscal Year:
• FY 2024-2025 - $113,467
• FY 2025-2026 - $113,467
• The total estimated cost for the two-year service agreement is $226,934 • The amount requested for the service agreement is $125,000 for FY 24-25 and $125,000 for FY 25-26, and not to exceed $250,000 for the life of the service agreement. • The additional amount requested is to cover any unexpected costs or potential employee benefit increases during the life of the service agreement.

The Oxnard Police Department lacks trained or experienced staff members capable of performing lengthy forensic data analysis or complicated forensic searches of computers or electronic equipment. The SCHTTF employs forensic examiners with high accreditation standards and ongoing certification training. Also, the SCHTTF has many software and hardware items explicitly used for forensic searches and analysis. The cost to maintain forensic computer equipment, renew forensic software licenses, and continue certification/training requirements for forensic examiners can exceed $150,000 annually.

Oxnard police detectives submit approximately 60-100 items to the SCHTTF for forensic examination each year. The following are examples of recent criminal cases where the SCHTTF played an integral role in locating evidence that led to the arrest or prosecution of violent and predatory criminals.

Forensic examiners at the SCHTTF assisted detectives in locating evidence in a suspect's cell phone associated with a child sex abuse case. The suspect was arrested and is currently pending trial.

Detectives submitted electronic devices, including a vehicle's in-dash computer, to the SCHTTF for examination in two recent homicide investigations. Forensic examiners located evidence that assisted detectives in positively identifying the suspects, which led to their arrest in both cases.
90 During a fraud investigation, forensic examiners were able to locate evidence in a laptop computer that led detectives and prosecutors to file felony charges against a suspect who had committed a spree of fraudulent credit card crimes in Los Angeles and Oxnard.

Conducting forensic examinations of computers and electronic equipment is a necessity for law enforcement now more than ever. Criminals are highly sophisticated in how they commit crimes using modern technology and are incredibly skilled at hiding evidence from law enforcement. It's essential that law enforcement, especially the Oxnard Police Department, stay ahead of ever-changing computer or electronic technology to keep our community safe by preventing crimes, solving crimes, and successfully prosecuting criminals.

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 SCHTTF service agreement is a two-year agreement with a value not to exceed $250,000. The amount requested is $125,000 for FY 24-25 and $125,000 for FY 25-26. Sufficient funding of year one is available in the Police Department's FY 24-25 General Fund Adopted operating budget. Funding for FY 25-26 will be requested in the recommended budget.

For Finance Use Only: General Fund (Org. 1012121 Obj. 53200)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Rocky Marquez, Police Commander

ATTACHMENTS

1. SCHTTF Slide Presentation

2. SCHTTF Agreement 24-26_unsigned
91 Southern California High Tech Task
Force (SCHTTF) Service Agreement
City Council
September 17, 2024
Rocky Marquez, Commander
Police Department
92 RECOMMENDATION
City Council September 17, 2024 2
• That City Council approve and authorize the
Mayor to execute a two-year service agreement
with the County of Ventura and the Ventura
County Sheriff’s Office for services with the
Southern California High Tech Task Force
(SCHTTF) in an amount not to exceed
$250,000.00
93 BACKGROUND
City Council September 17, 2024 3
• The Southern California High Tech Task Force (SCHTTF) was created in 2001 to address the increase in high
technology crimes in Ventura County.
• The SCHTTF is managed and operated by the Ventura
County District Attorney’s Office and the Ventura County Sheriff’s Office.
• All Ventura County Law Enforcement Agencies entered into an MOU and agreed to participate in funding of the
SCHTTF.
• The SCHTTF provides Ventura County law enforcement
agencies with investigative and cyber forensic support. 94 BACKGROUND
City Council September 17, 2024 4
• High-technology crimes refers to crimes where
computers or electronics are used as an instrument to
commit crimes, or evidence of crimes is contained
within a computer.
• Examples of high-technology crimes include:
○ Human trafficking
○ Internet crimes against children
○ Money laundering and fraud cases
○ Dark web investigations
95 BACKGROUND
City Council September 17, 2024 5
• SCHTTF also assist with other types of crimes:
○ Sexual assaults
○ Property crimes
○ Homicides
○ Robberies
○ Serious and fatal traffic collisions
• The SCHTTF conducts forensic examinations of
computers and electronic devices, searching for
evidence associated with criminal cases.
96 SCHTTF SALARY AND BENEFITS
City Council September 17, 2024 6
● The Office System Coordinator IIIs (forensic examiners) are employed by the Ventura County Sheriff's Office and address the task force responsibilities.
● Each city in Ventura County will pay a percentage of the cost for three (3) Office System Coordinator III positions based on the population of their respective jurisdiction.

Office System Coordinator Salary and Benefits
*The difference in pay rate is due to the length of employment for each Office System Coordinator.

Office Systems Coordinator III $162,701
Office Systems Coordinator III $141,918
Office Systems Coordinator III $168,556
Total Estimate of Salaries and Benefits $473,175
97 2024 POPULATION ESTIMATES AND COST
City Council September 17, 2024 7
City Population % of County
Population
Contribution for 3
OSC III positions
Camarillo 69,014 8.38% $39,652
Fillmore 17,061 2.07% $9,795
Moorpark 35,114 4.26% $20,157
Ojai 7,533 0.91% $4,306
Oxnard 197,536 23.95% $113,467
Port Hueneme 20,916 2.54% $12,019
Santa Paula 31,355 3.81% $18,028
Simi Valley 124,029 15.05% $71,213
Thousand Oaks 122,643 14.89% $70,456
Ventura 107,569 13.06% $61,797
Unincorporated 91,093 11.05% 52,285
Total 823,863 100.00% $473,175
Estimated Ventura County
Population as of June 3, 2024
98 SCHTTF VALUE TO PUBLIC SAFETY
City Council September 17, 2024 8
Oxnard police detectives submit approximately 60-100 items to the SCHTTF for forensic examination each year.
● Forensic examiners at the SCHTTF assisted detectives in locating evidence in a suspect's cell phone associated with a child sex abuse case. The suspect was arrested and is currently pending trial. ● Detectives submitted electronic devices, including a vehicle’s indash computer, to the SCHTTF for examination in two recent homicide investigations. Forensic examiners located evidence that assisted detectives in positively identifying the suspects, which led to their arrest in both cases.
● During a fraud investigation, forensic examiners were able to locate evidence in a laptop computer that led detectives and prosecutors to file felony charges against a suspect that committed a spree of fraudulent credit card crimes in Los Angeles and Oxnard. 99 FISCAL IMPACT
City Council September 17, 2024 9
● The SCHTTF service agreement is a two-year
agreement with the following cost for each fiscal year:
○ FY 2024-2025 - $113,467.00
○ FY 2025-2026 - $113,467.00
○ Total Estimated two-year cost - $226,934.00
○ The requested funding amount of $250,000 for twoyears ($125,000 each FY) is to cover unexpected costs and employee benefit increases
○ There is sufficient FY 24-25 funding budgeted for
this agreement in General Fund – Professional
Services. Funding for FY 25-26 will be requested in
the recommended budget.
100
QUESTIONS?
101
Agreement No. __32500174___________
1 CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND County of Ventura
By This CONSULTANT/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of the County of Ventura through the Southern California High Technology Task Force- Ventura County Sherriff’s Office (“Consultant”), and CONSULTANT agrees to perform the Services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. [Intentionally Omitted].

2. SUMMARY DESCRIPTION OF SERVICES. Consultant shall provide to City services to assist with the investigation of high technology crimes. The services are listed in “Exhibit A”. Consultant shall provide the Services during the term of this Agreement, as set forth below, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

3. PARTIES.

CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 County of Ventura through the Southern California High Technology Task Force – Ventura County Sheriff’s Office (“CONSULTANT”), a corporation/LLC/LLP of the State of California, located at 3701 Las Posas Road, Camarillo, CA. 93010

4. TERM OF AGREEMENT: From (Date): July 1, 2024 To (Date): June 30, 2026

4.1 This term of this Agreement shall be for an Initial Term of Two (2) Years, commencing on July 1, 2024 (the “Commencement Date”) and expiring on June 30, 2026 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 14 of this Agreement. From and after the Termination Date, and upon subsequent Agreement 102
Agreement No.____32500147_____
2 by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 14 below.

4.2 This Agreement does not have any options to extend.

4.3 [Intentionally Omitted

4.4 All Services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $_250,000.00 .

6. AGREEMENT EXHIBITS.

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: CITY Insurance Exhibit INS-__

7. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Denise Morehouse Name: Jeff S. Miller
Title: Assistant Police Chief Title: Commander
Phone: 805-385-7626 Phone: 805-383-8784
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
251 S. C Street
Oxnard, CA. 93030

8. CONTRACTUAL PREREQUISITES.

8.1 This Agreement must first be executed by the CONSULTANT, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
103
Agreement No.____32500147_____
3 8.2 CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY.

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

8.4 All proof of a CITY tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

8.5 CONSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the CITY as required under Section 24 of this Agreement.

9. CONSULTANT'S SERVICES.

9.1 CONSULTANT shall perform the tasks, obligations, and Services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.

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

10. COMPENSATION.

CITY shall pay CONSULTANT for the Services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the CITY Council.

11. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute. 104
Agreement No.____32500147_____
4 11.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

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

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

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

12. [Reserved]

13. MODIFICATION OF AGREEMENT.

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

14. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required 105
Agreement No.____32500147_____
5 by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

15. [RESERVED]

16. INDEPENDENT CONTRACTOR.

CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any Services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all Services done on behalf of the CITY.

CONSULTANT and its employees, subCONSULTANTs, and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY. CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, subCONSULTANTs, or employees are in any manner agents, subCONSULTANTs, or employees of CITY.

17. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18. SAFETY REQUIREMENTS.

CONSULTANT shall not perform any Services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or 106
Agreement No.____32500147_____
6 criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

19. STANDARD OF PERFORMANCE; WARRANTY.

19.1 CONSULTANT agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the CONSULTANT agrees that it:
(1) Has thoroughly reviewed and considered the Services and work to be performed;
(2) Has reviewed the issues regarding the Scope of Services to be provided; (3) Has carefully considered how the Services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement.

20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE.

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

20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 107
Agreement No.____32500147_____
7 20.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's Services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of Services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.

20.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

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

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

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

20.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors 108
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8 or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, CONSULTANT shall immediately defend, indemnify, and hold harmless the CITY, its officers, employees, representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) and agents (the “CITY Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the CITY (collectively “Claims”) which may arise out of CONSULTANT'S negligence or willful misconduct in the performance of the Services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the CITY Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’S duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence 109
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9 or willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such Services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsection 23.1 and 2 above, to the extent that the Services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the CITY Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the Services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require CONSULTANT to provide indemnification for Claims caused by the active negligence or willful misconduct of the CITY Indemnitees, or any other party for whom CONSULTANT is not legally liable.

23.4 The CITY does not and shall not waive any rights that it may have against CONSULTANT under this Section, because of the acceptance by the CITY, or the deposit with the CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

23.5 The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the expiration or any early termination of this Agreement.

23.6 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement.

CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as 110
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10 applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

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

Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

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

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of 111
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11 evading these prevailing wage requirements.

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

27. [RESERVED]

28. CONFLICT OF INTEREST.

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

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any Services under this Agreement, CONSULTANT shall obtain prior written consent from the CITY before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

30. DISPUTES.

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

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
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12 31. DISPUTE RESOLUTION.

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

32. ASSIGNMENT.

This Agreement is for the professional Services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's Services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

33. CARE OF WORK
Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the CITY, CONSULTANT shall immediately inform the CITY of such fact and shall not provide any Services, except at CONSULTANT'S risk, until written instructions are received from the Project Manager.

34. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, CONSULTANT shall prepare and submit reports to the CITY concerning CONSULTANT's performance of the Services required by this Agreement.

35. AUDIT.
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13 CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT, or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement.

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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

37. NONDISCRIMINATORY EMPLOYMENT.

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

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

38. COVENANTS AND CONDITIONS.

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

39. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from 114
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14 CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

40. FORCE MAJEURE.

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

41. GOVERNING LAW.

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

42. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

43. INTEGRATED AGREEMENT.

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

44. NO THIRD-PARTY BENEFICIARY.

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

45. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, 115
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15 partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

46. EXECUTION – COUNTERPARTS.

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

47. INCONSISTENT OR CONFLICTING TERMS.

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

48. CAPTIONS AND HEADINGS.

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

49. ACKNOWLEDGEMENT.

By signing below, CONSULTANT acknowledges that it has reviewed the CITY’S Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.
[Signatures on next page]
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16 IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD COUNTY OF VENTURA

☒John C. Zaragoza, Mayor1 Date James Fryhoff, Sheriff Date ☐Jennifer Yates, Purchasing Manager2

ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 117
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EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and County of Ventura)

SCOPE OF SERVICES
CITY PROJECT MANAGER: Rocky Marquez / 805-385-7620 / [email protected] The City of Oxnard and the County of Ventura through the Southern California High Tech Task Force (SCHTTF) of Ventura County intends to work together towards investigating high technology crimes in the City of Oxnard. This encompasses crimes where high technology is used as an instrument in committing a crime, assisting in the commission of a crime, or constitutes evidence of a criminal act. The SCHTTF is responsible for the forensic examination of all types of digital evidence, including not only computers, but also such technology as cell phones, digital video recorders, and other existing and developing computer-based equipment. The SCHTTF approach is the most effective manner to respond to computer-based crimes, as well as to develop evidence regarding more traditional crimes such as homicides.

The SCHTTF of Ventura County will support this effort through the following actions:
● Coordinate law enforcement high tech investigative activities by utilizing task force members to effectively deal with the growing number of high technology crimes. ● Pool resources and share high technology investigative expertise and provide cost effective law enforcement.
● Decrease high technology investigation response time in order to comply with identified county law enforcement needs.
● Provide a service network to all law enforcement agencies within Ventura County, including the City of Oxnard.
● Assess and facilitate high technology training needs in Ventura County. ● Decrease the potential for economic loss and danger to public safety by increasing the probability of apprehension and prosecution of high technology crimes. 118
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EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and County of Ventura)

SCHEDULE OF COMPENSATION

METHOD OF PAYMENT
A. METHOD OF PAYMENT. The term of this Agreement is from July 1, 2024 to June 30, 2026. Payments for all work performed by Consultant pursuant to the terms of this Agreement shall be made on the basis of the salary and benefits set forth below:

Fiscal Year 2024-2026 cost components:

Fiscal Year 2024-2025 cost components cost
Percentage of salary and benefits $125,000.00
Fiscal Year 2025-2026 cost components cost
Percentage of salary and benefits $125,000.00
B. BILLING. Within thirty (30) business days after the end of each calendar quarter in which the services are performed or expenses are incurred under this Agreement, Consultant shall submit an invoice to the City at the following address:

Oxnard Police Department
Attention: Assistant Police Chief Denise Morehouse
251 South C Street
Oxnard, California 93030
The invoice submitted pursuant to this paragraph shall show the City Purchase Order number and Agreement number, the date on which the services were performed, other authorized expenses incurred in the performance of the services, and such information as City may responsibly require.

C. TIME OF PAYMENT. Payment to Consultant shall be made only after receipt and approval of an invoice from the Consultant.

D. MAXIMUM COMPENSATION. Notwithstanding the foregoing, Consultant shall complete all work and tasks described in Exhibit A for a total amount of compensation that does not exceed $250,000.00 for the life of the service agreement ($125,000.00 for Fiscal Year 2024-2025, and $125,000.00 for Fiscal Year 2025-2026).

ALLOWABLE COSTS. City shall pay Consultant’s actual costs to perform the Services or work within the limits of the individual project cost. It is understood and agreed that these totals are maximum estimates only and that City will only pay for the services actually rendered or expenditures made as authorized by the City.
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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and County of Ventura)

INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/CONSULTANT/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

PLEASE COPY AND PASTE APPROPRIATE INSURANCE DOCUMENTS
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: September 17, 2024
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Readopt a Resolution to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in the Channel Islands Harbor.

RECOMMENDATION
That the City Council:

1. Readopt a Resolution of the City Council of the City of Oxnard Authorizing the City of Oxnard to enter into an Agreement (4600015993) with the State of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Projects and Authorizing the City Manager to Execute the Agreement on behalf of the City;

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

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

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

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

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

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

Since then, the City, the County of Ventura (County), and residents of the Channel Islands Neighborhood Council have 122
organized efforts to address water quality issues in the Harbor.

Department Of Water Resources
In September 2022, the Governor’s office approved Assembly Bill 179, amending the 2022 Budget Act, which included the allocation of $500,000 for the City’s Channel Islands Harbor water quality remediation project through the DWR.

State Senator Monique Limón, Assemblymember Steve Bennett, and Assemblymember Jacqui Irwin led the efforts to allocate the funding that was also supported by County Supervisor Carmen Ramirez, the Ventura County Farm Bureau, California State University Channel Islands, the Seabridge and Westport Homeowners Associations, and residents of the Channel Islands Neighborhood Council, and Oxnard city staff.

On May 7, 2024, City Council adopted a resolution and approved a Department of Water Resources (DWR) grant agreement for a Channel Islands Harbor remediation project (Attachment 3). Shortly after submitting the Councilapproved agreement to DWR for execution, DWR staff informed City staff that the agreement needed to be revised in several areas, including additional information on the scope of work and budget schedule exhibits. While working closely with DWR staff on the grant agreement, City staff modified these areas. The revised agreement and accompanying resolution are now attached for approval.

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

This Agreement requires the submission of an annual progress report to the DWR.

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

COMMITTEE OUTCOME
City Council previously approved this item on May 7, 2024.

Prepared by: Adam Smith, Project Manager

ATTACHMENTS

1. Agreement 4600015993 Oxnard CI Harbor AB102

2. Resolution

3. Staff Report - May 7, 2024

4. Special Districts List

5. Special Districts Map
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FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CITY OF OXNARD
AGREEMENT NUMBER 4600015993
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" and the City of Oxnard, a municipal corporation, in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Funding Recipient," which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding from the Budget Act of 2023 (Stats. 2023, ch. 38, § 258) to Funding Recipient to assist in financing the Channel Islands Harbor Water Quality Project (Project).

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by the State, through Final Project Completion Report plus three (3) years unless otherwise terminated or amended as provided in this Agreement.

3. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $500,000.

4. DISBURSEMENT OF FUNDS. State will disburse to Funding Recipient the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to Funding Recipient under this Funding Agreement shall be used solely to pay Eligible Project Costs.

5. ELIGIBLE PROJECT COST. Funding Recipient shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction.

Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs that are not eligible for reimbursement or payment include but are not limited to the following items:

A. Purchase of equipment not an integral part of the Project.

B. Purchase of water supply not an integral part of the Project.

C. Replacement of existing funding sources for ongoing programs.

D. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of the Project, as set forth and detailed by engineering and feasibility studies.

E. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

6. METHOD OF PAYMENT. State will disburse the whole of State funding to Funding Recipient. The Funding Recipient shall submit one or more certified invoices, transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery of a “wet signature.” State will notify Funding Recipient, in a timely manner, whenever, upon review of the Invoice(s), State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Funding Recipient shall, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies).

Invoices submitted by Funding Recipient shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.
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B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice and the time period covered by the invoice. ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs incurred during that time period. v. Each invoice shall contain the signature and date via electronic/digital signature system (e.g., DocuSign) of Funding Recipient’s Project Representative. The invoice shall be certified and transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery to the State’s Project Manager.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Funding Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources.

Any eligible costs for which the Funding Recipient is seeking State funding pursuant to this Agreement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ.

Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.)

7. DEFAULT PROVISIONS. Funding Recipient will be in default under this Funding Agreement if any of the following occur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient’s obligations;
B. Making any false warranty, representation, or statement with respect to this Funding Agreement; C. Failure to operate or maintain Project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 8, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following:
a. Declare the funding be immediately repaid at the time of the default. 125
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b. Terminate the Funding Agreement.
c. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

8. CONTINUING ELIGIBILITY. Funding Recipient shall meet the following ongoing requirements (as applicable) to remain eligible to receive State funds:

A. An urban water supplier that receives state funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Water Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Water Code, § 10608 et seq.).

B. An agricultural water supplier receiving state funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code § 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR.

C. A surface water diverter receiving state funds shall maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code.

D. Funding Recipient shall maintain continuing eligibility with the current Sustainable Groundwater Management Act (SGMA, Water Code §10720 et seq.) requirements as they come into effect.

E. If Funding Recipient is designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, Funding Recipient shall maintain reporting compliance, as required by Water Code §10932 and the CASGEM Program.

F. Funding Recipient shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Water. Code, § 12405, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Funding Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Funding Recipient advance written notice of such termination, allowing the Funding Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

9. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager, and shall be submitted via DWR’s “Grants Review and Tracking System” (GRanTS) or via e-mail. If requested, Funding Recipient shall promptly provide any additional information deemed necessary by State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

A. Annual Progress Reports: Funding Recipient shall submit Annual Progress Reports to meet the State’s requirement for disbursement of funds. Annual Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload, or or via e-mail to the State’s Project Manager. Annual 126
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Progress Reports shall, at a minimum, provide a brief description of the work performed, Funding Recipients activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Annual Progress Report should be submitted to the State no later than one year after the execution of the Agreement with future reports then due on successive year increments based on the first Annual Progress Report submittal date, with the exception of the final Annual Progress Report which may also serve as the Project Completion Report and can extend beyond a year-long increment to account for Project closeout information.

B. Project Completion Report: Funding Recipient shall prepare and submit to State a Project Completion Report, either separately or as part of the final Annual Progress Report. Funding Recipient shall submit the Project Completion Report within ninety (90) calendar days of Project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, and copies of any final documents or reports generated or utilized during the Project.

10. NOTIFICATION OF STATE. Funding Recipient shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Funding Recipient agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Funding Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Funding Recipient agrees to implement appropriate actions as directed by the State.

C. The initiation of any litigation or the threat of litigation against the Funding Recipient regarding the Project or that may affect the Project in any way.

11. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing.

A. Notices may be transmitted by any of the following means:
i. By delivery in person.
ii. By certified U.S. mail, return receipt requested, postage prepaid. iii. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
iv. By electronic means.

B. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
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12. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236-0001
Phone: 916-902-6713
Email: [email protected]
City of Oxnard
Alexander Nguyen
City Manager
300 W Third St, 4th Floor
Phone: 805-385-8017
Email: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Ted Daum
Senior Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236-0001
916-902-7800
[email protected]
City of Oxnard
Michael L. Wolfe
Director of Public Works
305 W Third St, East Wing, 3rd Floor
Phone: 805-385-8055
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

13. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – State Audit Document Requirements for Funding Recipients 128
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IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa
Manager, Division of Regional Assistance
Date__________________________

CITY OF OXNARD
______________________________
Alexander Nguyen
City Manager
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of the General Counsel
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Stephen Fischer
City Attorney
Date__________________________
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EXHIBIT A

WORK PLAN
PROJECT: Channel Islands Harbor Water Quality
IMPLEMENTING AGENCY: City of Oxnard
The Project includes identification of mitigation strategies to address water quality issues in the City of Oxnard Channel Islands Harbor (Harbor). The resulting range of mitigation strategy alternatives will be evaluated and prioritized for their effectiveness, and a plan for implementing the recommended mitigation strategies will developed which will include presentations at City Council, Ventura County Board of Supervisors, and public outreach meetings.

Budget Category A: Administration
Task A.1: Agreement Administration
The Funding Recipient will respond to DWR’s reporting and compliance requirements associated with the agreement administration and will coordinate with the Project managers responsible for implementing the Project. The Funding Recipient will be responsible for compiling invoices for submittal to DWR.

Deliverables
● Annual Invoices and associated backup documentation
Task A.2: Reporting
The Funding Recipient will be responsible for compiling progress reports for submittal to DWR. The Funding Recipient may retain consultants as needed to prepare and submit progress reports and final project completion report, as well as the funding agreement completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables
● Documentation (e.g., photo) of "Acknowledgment of Credit" per Standard Condition D.2 ● Annual Progress Reports
● Final Funding Agreement Completion Report
Budget Category B: Permitting and Environmental Documentation Identify required environmental and regulatory permits for the Project identified in Task C.1.

Deliverables
• Memorandum identifying CEQA compliance and environmental permits for the Project Budget Category C: Planning and Design
Task C.1: Identification and Analysis of Mitigation Strategies to Address Water Quality Issues Potential mitigation strategies may include, but not be limited to, the following:

1. Address Water Circulation in the Harbor
a. Pumping option from north end of the Edison Canal to the Pacific Ocean b. Pumping high residence time water to increase circulation

2. Options for Nutrient Source Control
a. Filter nutrient and contaminant flow into the Edison Canal b. Mechanical filtration of all (or a portion) storm water flow into the Edison Canal 130
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c. Bio-swales along the dirt canals (Doris, West 5th Street, and Wooley Drains) that are located upstream of the Edison Canal
d. Mechanical filtration of the Oxnard west drain
e. Denitrifying bioreactors
f. Capture agricultural runoff and re-use in the agriculture fields

3. Options for Mechanical Filtration of Urban Stormwater

4. Options for Decommissioned Edison Canal
a. Develop engineered wetlands
b. Fill canal and reroute drainage to historic ~ 50 acres of wetlands located northwest of Fifth St and Harbor Blvd. (currently managed by State Parks).

A review will be performed of the spatial and temporal datasets publicly available needed to assess the environmental, meteorological, and oceanographic conditions in the Channel Island Harbor. A hydrodynamic and eutrophication model will be used to evaluate the improvement of circulation and water quality in the Harbor.

The potential mitigation strategies will be evaluated and prioritized based on the following criteria:

1. Scope definition

2. Identification of similar strategies that have been deployed elsewhere and their effectiveness

3. Permits required

4. Environmental documentation required for implementation

5. Estimate of costs

6. Anticipated schedule for implementation

7. Recommended Lead Agency

8. Potential funding sources and grant opportunities
Deliverables
● Preliminary Evaluation of Potential Mitigation Strategies Technical Memorandum ● List of Recommended Mitigation Strategies
● Final Mitigation Strategies Analysis Report
Task C.2: Development of a Mitigation Strategies Implementation Plan The Funding Recipient shall develop a comparative methodology to compare and evaluate the mitigation strategies and establish a prioritized list for implementation. This Task will culminate in the development of an Implementation Plan. During the development of the Implementation Plan at least one public meeting will be held to solicit community input on the recommended mitigation strategies. Additionally, at least one Oxnard City Council and one County of Ventura Board of Supervisors presentation will be given on the draft Implementation Plan. The Final Implementation Plan must be approved by both the City Council and Board of Supervisors.

Deliverables
● Final Implementation Plan
Budget Category D: Construction
Not Applicable.
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EXHIBIT B
BUDGET
PROJECT: Channel Islands Harbor Water Quality
Budget Category State Funds Agency Cost Total Project
Cost
A: Administration $25,000 $25,000
B: Permitting and Environmental
Documentation $0 $10,000 $10,000
C: Planning and Design $500,000 $0 $500,000
D: Construction N/A N/A N/A
Total $500,000 $35,000 $535,000
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EXHIBIT C

SCHEDULE
PROJECT: Channel Islands Harbor Water Quality

DESCRIPTION START FINISH
A: Administration May 7, 2024 August 30, 2026
B: Permitting and Environmental Documentation November 1, 2024 May 31, 2026 C: Planning and Design November 1, 2024 May 31, 2026
D: Construction N/A N/A
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EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Funding Recipient shall account for the money disbursed pursuant to this Funding Agreement separately from all other Funding Recipient funds.

Funding Recipient shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Funding Recipient shall keep complete and accurate records of all receipts, disbursements, and any interest earned on expenditures of such funds. Funding Recipient shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Funding Recipient shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Funding Recipient’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the California State Budget Act of 2023 and through an agreement with the State Department of Water Resources.” The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State’s specifications, at Funding Recipient’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 7 or take any other action it deems necessary to protect its interests.

The Funding Recipient agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Funding Recipient shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Funding Recipient or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.
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D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Funding Recipient or to furnish any other considerations under this Funding Agreement and Funding Recipient shall not be obligated to perform any provisions of this Funding Agreement.

Nothing in this Funding Agreement shall be construed to provide Funding Recipient with a right of priority for payment over any other Funding Recipient. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to the State, or offer a Funding Agreement amendment to Funding Recipient to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Funding Recipient is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 7.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Funding Recipient acknowledges in accordance with Public Contract Code section 7110, that:

A. The Funding Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Funding Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Funding Recipient may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Funding Recipient’s knowledge of the claim. State and Funding Recipient shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Funding Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Funding Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-LegalServices-Resources-List-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. 135
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D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelvemonth period prior to his or her leaving State service.

C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Funding Recipient: Individuals working on behalf of a Funding Recipient may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Funding Recipient agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Funding Recipient shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Funding Recipient with a list of the items on the inventory that State will take title to. All other items shall become the property of Funding Recipient. State shall arrange for delivery from Funding Recipient of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
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i. The dangers of drug abuse in the workplace,
ii. Funding Recipient’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Funding Recipient’s drug-free policy statement, and ii. Will agree to abide by terms of Funding Recipient’s condition of employment, contract or subcontract.

D.16. EASEMENTS: Where the Funding Recipient acquires property in fee title or funds improvements to real property already owned in fee by the Funding Recipient or improved using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Funding Recipient acquires an easement under this Agreement, the Funding Recipient agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

D.17. FUNDING RECIPIENT'S RESPONSIBILITIES: Funding Recipient and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Funding Recipient in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Funding Recipient shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of the Project within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Funding Recipient under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Funding Recipient shall be responsible for any and all disputes arising out of its 137
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contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Funding Recipient and any other entity concerning responsibility for performance of work.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.19. INDEMNIFICATION: Funding Recipient shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Funding Recipient shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.20. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.21. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Funding Recipient or take any other action it deems necessary to protect its interests.

D.22. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.23. LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to payment from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.24. MODIFICATION OF OVERALL WORK PLAN: At the request of the Funding Recipient, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement.

Requests for non-material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.
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D.25. NONDISCRIMINATION: During the performance of this Funding Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave.

Funding Recipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.26. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.27. PERFORMANCE BOND: Where contractors are used, the Funding Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Funding Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.28. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Funding Recipient shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.29. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Funding Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Funding Recipient’s service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.30. PROJECT ACCESS: The Funding Recipient shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.31. REMAINING BALANCE: In the event the Funding Recipient does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State. The State will notify the Funding Recipient stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.

D.32. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. 139
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D.33. RIGHTS IN DATA: Funding Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Funding Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Funding Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.34. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.35. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Funding Recipient, its contractors, or subcontractors have made a false certification, or B. Funding Recipient, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.36. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Funding Recipient shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.37. TERMINATION BY FUNDING RECIPIENT: Subject to State approval which may be reasonably withheld, Funding Recipient may terminate this Agreement and be relieved of contractual obligations. In doing so, Funding Recipient must provide a reason(s) for termination. Funding Recipient must submit all progress reports summarizing accomplishments up until termination date and repay all funds disbursed pursuant to this Agreement.

D.38. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 7, the State may terminate this Funding Agreement and be relieved of any payments should Funding Recipient fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 7.

D.39. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Funding Recipient shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.40. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.41. TIMELINESS: Time is of the essence in this Funding Agreement.

D.42. UNION ORGANIZING: Funding Recipient, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Funding Recipient, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Funding Recipient shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure. 140
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C. Funding Recipient shall, where State funds are not designated as described in (B) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Funding Recipient makes expenditures to assist, promote, or deter union organizing, Funding Recipient will maintain records sufficient to show that no State funds were used for those expenditures and that Funding Recipient shall provide those records to the Attorney General upon request.

D.43. VENUE: The State and the Funding Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Funding Recipient hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.44. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties hereto that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.
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EXHIBIT E

AUTHORIZING RESOLUTION
To be adopted at the September 17, 2024 Oxnard City Council meeting. 142
Funding Agreement No. 4600015993

EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. In general, wherever possible please use bulleted format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Briefly describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION (as applicable)
● Legal matters
● Engineering Evaluations
● Environmental matters
● Status of permits, easements, rights-of-way, rights of entry and approvals as may be required by other State, federal, and/or local agencies
● Major accomplishments during the reporting period (i.e. tasks completed, milestones met, meetings held or attended, press releases, etc.)
● Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
● Identify key issues that need to be resolved
COST INFORMATION (as applicable)
● Provide a list showing all project costs incurred during the time period covered by the report by the Funding Recipient and each contractor working on the Project and which of these costs are Eligible Project Costs
● A brief discussion on how the actual budget is progressing in comparison to the project budget included in the Work Plan
● A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Work Plan SCHEDULE INFORMATION (as applicable)
● A schedule showing actual progress verses planned progress ● A brief discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
● A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule The Final Annual Report shall contain the following Project completion information and shall generally use the following format.

EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
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● Brief description of work proposed to be done in the original application ● Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
COSTS AND DISPOSITION OF FUNDS – A list of showing:
● The date each invoice was submitted to State
● The amount of the invoice
● The date the check was received
● The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
● Summary of project cost including the following items:
o Accounting of the cost of project expenditure
o Include all internal and external costs not previously disclosed o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION – Any relevant additional Information should be included. 144
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EXHIBIT G

STATE AUDIT DOCUMENT REQUIREMENTS FOR FUNDING RECIPIENTS The following provides a list of documents typically required by State Auditors and general guidelines for Funding Recipients. List of documents pertains to both State funding and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Funding Recipients should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State payment requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Funding Recipient internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Project.

State Funding:

1. Original Funding Agreement, any amendment(s) and budget modification documents.

2. A listing of public funds received from the State.

3. A listing of all other funding sources for the Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Funding Recipient and other public agencies as related to the State funded Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to State payment, requests and related Funding Agreement budget line items.

3. Payment requests submitted to the State for the Funding Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.
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4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement payment.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Funding Recipient’s personnel who provided services charged to the Project
Project Files:

1. All supporting documentation maintained in the Project files.

2. All Funding Agreement related correspondence.
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OXNARD AUTHORIZING THE CITY OF OXNARD TO ENTER

INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES TO RECEIVE

FUNDS FOR THE CHANNEL ISLANDS HARBOR WATER

QUALITY REMEDIATION PROJECT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT ON

BEHALF OF THE CITY OF OXNARD
WHEREAS, the July 2023 Assembly Bill 102 designated $500,000 in funding to the City of Oxnard for its Channel Islands Harbor Water Project, a Water Quality Remediation project (collectively, the “Project”); and
WHEREAS, State Senator Monique Limón, Assemblymember Steve Bennett, and Assemblymember Jacqui Irwin led the efforts to allocate the funding that was also supported by County Supervisor Carmen Ramirez, the Ventura County Farm Bureau, California State University Channel Islands, the Seabridge and Westport Homeowners Associations, residents of the Channel Islands Neighborhood Council, and Oxnard city staff; and WHEREAS, adoption of this Resolution for funding from the California Department of Water Resources (“CDWR”) for Channel Islands Harbor water quality remediation may be used towards the consulting services for the Water Quality Feasibility Study and Implementation Plan, or toward selected and approved City projects for the Harbor water quality remediation; and WHEREAS, the responsibility for the administration of the fund, including establishing the necessary procedures for disbursement of the fund to the California Department of Water Resources (“CDWR”); and
WHEREAS, the Water Authority agrees that the funds should be allocated by CDWR to the City of Oxnard; and
WHEREAS, CDWR requires a resolution from the City of Oxnard authorizing the City of Oxnard to enter into an agreement with CDWR to receive funds and to authorize the City Manager to execute the agreement.

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

Authorizes the City of Oxnard to enter into an agreement with the State of California Department of Water Resources to receive $500,000 in funding for its Channel Islands Water Quality Remediation Project and authorizes the City Manager or designee to execute the agreement and any amendments thereto; and to submit any required documents, invoices, and reports required to obtain State funds.
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Resolution No.____
Funding Agreement No. 4600015993
Acceptance of a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Project in Channel Islands Harbor

PASSED, APPROVED, and ADOPTED this ___ day of September 2024 by the following vote:
______________________________
John C. Zaragoza, Mayor
APPROVED AS TO FORM:
_______________________________
Stephen M. Fischer, City Attorney
ATTEST:
_______________________________
Rose Chaparro, City Clerk
I, Rose Chaparro, City Clerk of the City of Oxnard, certify that the vote shown above is correct and this Resolution No. ________ was duly adopted at the meeting of the City Council on the date stated above.

AYES:

NOES:

ABSTAIN:

ABSENT:
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: May 7, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Adopt a Resolution to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in Channel Islands Harbor. (10 minutes)

RECOMMENDATION
That the City Council:

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

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

3. Authorize the City Manager to execute the grant agreements and modify Exhibits of the agreement as necessary and the Finance Director or designee to submit the financial reports, grant claims, and approve the budget appropriations for the use of the grant funds; and the Director of Public Works or designee to submit the nonfinancial reports. (This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/DVkuev6rzrQ

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

The Channel Islands Harbor is an artificial harbor with abutting commercial and residential developments that include Seabridge CFD, Westport CFD, Mandalay Bay WAD-Zone 1, and Harbour Island WAD-Zone 2. The abutting sections of the harbor would not be present absent these developments occurring. As specified in the Formation Documents, water quality remediation services are authorized services for each of the Harbor Districts; however, the City Council has previously authorized the use of American Rescue Plan Act (“ARPA”) funding for this service. 149
In June 2018, an algal bloom occurred in the Harbor. The bloom was followed by widespread low levels of dissolved oxygen in the water. This is presumably related to the bacterial decomposition of algae during warm weather conditions.

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

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

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

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

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

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

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

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

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

STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding. 150

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

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

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

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement A-8548/State Agreement 46000xxxxx

2. Resolution

3. Special Districts Map

4. Special Districts List

5. Presentation
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153

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: September 17, 2024
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Amendment and Extension of the Agreement with the County of Ventura and local hotel operators in support of the Encampment Resolution Funding Program.

RECOMMENDATION
That the City Council:

1. Approve and authorize the Mayor to execute a First Amendment to Agreement No. 32400434 with the County of Ventura for partnership in delivery of encampment response outreach and case management services via the Ventura County Health Care Agency in the amount of $145,000 for a total agreement amount not to exceed $1,308,614.34, and to extend the term of the agreement to April 30, 2025;

2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators through February 28, 2025 to offer non-congregate shelter.
(This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)

BACKGROUND
On September 19, 2023, the City Council approved receipt, and authorized appropriation, of an Encampment Resolution Funding Program grant from the State of California in the amount of $4,015,638.88 to respond to the continuing need at homeless encampments located on McWane Boulevard and at Fifth Street east of Harbor Boulevard. On September 19, 2023, the City Council also approved an agreement with LeSar Support Services (Agreement Number 32400182) to provide administrative services to aid the City of Oxnard to ensure compliance with the regulations and completion of reports due to the State of California.

On November 7, 2023, the City Council authorized the Mayor to execute an agreement (Agreement No. 32400434) with the County of Ventura for partnership in delivery of encampment response outreach and case management services in an amount not to exceed $1,163,614.34. This agreement is set to terminate on October 31, 2024. The Encampment Resolution Funding Program (“The Program”) has allowed the City of Oxnard and the County of Ventura to cooperate on an effort to relocate people from the above-mentioned encampments and provide interim non-congregate shelter and case management services with subsequent transition to permanent supportive housing units that are actively under construction throughout the City of Oxnard. On November 7, 2023, the City Council also authorized staff to negotiate and execute agreements with local hotel operators between November 1, 2023 and August 30, 2024. To date we have expended approximately $3,248,000 of the State grant on The Program.

DISCUSSION
There are a number of permanent supportive housing projects recently completed, under construction, and planned for in Oxnard. The Encampment Resolution Funding Program was relying on the completion of two permanent supporting housing projects in Oxnard,(Central Terrace and Casa de Carmen) to transition individuals out of non-congregate shelters 154
into these units. Unfortunately the opening of the Casa de Carmen project has been delayed, creating a need to extend The Program to avoid exiting people out of the non-congregate shelter and returning them to unsheltered homelessness.

The Program launched in December 2023, and was anticipated to run about a year, which coincided with the opening of permanent supportive housing units. The Program provides non-congregate shelter, meals, and case management services for 60 individuals who have been relocated from specific encampment sites in Oxnard. The City is currently under agreement with several local hotel operators to provide non-congregate shelter and with the Ventura County Health Care Agency to provide meals and case management for the sheltered clients. Under Agreement No. 32400434, County of Ventura Health Care Agency staff works onsite with clients to develop housing plans, gather chronic homelessness documentation, connect clients to additional supportive services, and present clients for permanent supportive housing through the Ventura County Continuum of Care Coordinated Entry System presentation and matching process. This agreement also provides for a dedicated alcohol and drug treatment staff member for clients, and provision of two meals per day for each client. Health Care Agency staff also works to integrate the project with existing Health Care for the Homeless services and additional support that clients may be eligible for.

As of August 2024, 11 clients in The Program have been matched to a permanent supportive housing unit at Central Terrace. Over the next several months, Health Care Agency staff will continue working with clients to help them gain eligibility for permanent supportive housing placement, with the goal of matching additional clients to permanent supportive housing units within Central Terrace and the Casa de Carmen projects.

Casa de Carmen was originally scheduled to open in February 2024. That development has been delayed primarily due to a lengthy approval process from Southern California Edison (SCE) of the Project’s underground utility plan. The SCE underground utility plan has now been approved and work necessary to complete the underground utility work has begun with an expected completion date of November 2024. Once this work is completed the Casa de Carmen development team will be able to resume work on the east elevation of the building and be able to provide the City with an updated completion schedule and date for when tenants may begin moving into the permanent supportive housing units.

To avoid exiting people out of the non-congregate shelter (local hotel rooms) and case management program and returning them to unsheltered homelessness, staff recommends that The Program continue until Casa de Carmen is completed and a tenant move-in date has been identified. At this time, there is only funding available within the State grant to fund the case management element of The Program through April 30, 2025, and the non-congregate shelter element of The Program through February 28, 2025. The extension of The Program through these dates requires extensions to various agreements.

1. Staff is seeking to amend Agreement No. 32400434 to extend the agreement through April 30, 2025, and to add $145,000 of Encampment Resolution Funding Program grant funds to the agreement. An extension of Agreement No. 32400434 through April 30, 2025 is set to be brought to the Ventura County Board of Supervisors for approval in September 2024. The draft Agreement provides for an administrative extension past April 30, 2025. However, there is currently no funding identified to continue the services April 30, 2025.

2. In addition, staff is seeking Council authority to authorize the City Manager, or designee, to negotiate and enter into agreements or extensions of existing agreements with hotel operators to offer non-congregate shelter through February 28, 2025, subject to review and approval by the City Attorney’s office. There are currently enough Encampment Resolution Funding grant funds remaining to enter into these agreements through February 28, 2025.

3. As stated previously, on September 19, 2023, the City Council approved an agreement with LeSar Support Services (Agreement Number 32400182) to provide administrative services to aid the City of Oxnard to ensure compliance with the regulations and completion of reports due to the State of California. The agreement, as approved by the City Council, with LeSar Support Services authorizes Staff to extend the agreement. Staff intends to exercise its option to extend for a period of one-year. No additional grant funds will be needed or encumbered to this agreement with LeSar.

Staff anticipates that the Casa de Carmen development will not be completed by April 30, 2025, and it is expected that staff would again recommend that The Program continue beyond the date in which funding is available. Therefore, if funding can be identified, staff may return to Council prior to February 28, 2025 to request authorization to extend the agreements and appropriate a new funding source in support of The Program.

STRATEGIC PRIORITIES
155
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT
There is no financial impact to the General Fund.

The City of Oxnard was awarded an Encampment Resolution Funding grant amount of $4,015,638.88. To date, $767,229 remain unencumbered. From the remaining and unencumbered Encampment Resolution Funding Program grant will be allocated as:

1. $145,000 will be allocated to an extension of Agreement No. 32400434 with Ventura County Health Care Agency to April 30, 2025

2. The remaining $622,229 will be appropriated to fund new, or extensions to existing, agreements with local hotel operators to offer non-congregate shelter.

These agreements and services will fully expend the Encampment Resolution Funding grant funds.

For Finance Use Only: 210-2108103-53200-G2416

COMMITTEE OUTCOME
This item did not originate in Committee because it is a continuation of an item previously approved by City Council.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Original Agreement

2. First Amendment to Agreement for Professional Services with Ventura County Health Care Agency 156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
Agreement No. 32400434

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendment (“First Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 10th day of September, 2024 by and between the City of Oxnard, a municipal corporation (“City”), and The Ventura County Health Care Agency (“Consultant”). This First Amendment amends the Agreement entered into on November 1, 2023, by City and Consultant.

City and Consultant agree as follows:

1. The “Schedule of Services” in Section 4 of the Cover Page of the Agreement is hereby amended to “Services shall be provided between November 1, 2023, and April 30, 2025, inclusive.

2. The “Agreement Ending Date” in Section 5 of the Cover Page of the Agreement is hereby amended to “Agreement Ending Date: April 30, 2025.”

3. The “Total Agreement Amount” in Section 6 of the Cover Page of the Agreement is hereby amended to “Not to exceed $1,308,614.34.”

4. The reference to the “Budget and Reporting Exhibit” everywhere it is listed in the Agreement is hereby amended to the new Amended Budget and Reporting Exhibit. The Budget and Reporting Exhibit is hereby disincorporated; instead, the new Amended Budget and Reporting Exhibit is attached hereto and incorporated herein by this reference.

5. As so amended, the Agreement remains in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

City of Oxnard Ventura County Health Care Agency
John C. Zaragoza Date Theresa Cho, MD Date
Mayor Health Care Agency Director
Allison Blaze, MD Date
Interim Chief Executive Officer, Ambulatory
Care
ATTEST:

Rose Chaparro Date
City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer Date
City Attorney
172
Agreement No. 32400434

AMENDED BUDGET AND REPORTING EXHIBIT
Name of Agency: Ventura County Health Care Agency/ Ambulatory Care Location Address: 800 South Victoria Avenue, Ventura, CA 93004 Project Name: ERF-2-R Encampment Response Project
Budget Narrative:

Operating costs for the Street Outreach and Shelter Case Management and Provision of Meals for the Encampment Resolution Funding (ERF-2-R) Project.

Budgeted Line Items:

Total Budgeted Amount Not to Exceed $1,308,614.34
For the purpose of this agreement, the not-to-exceed budgeted amount for this 12-month agreement shall be $1,308,614.34, consisting of the following elements:

Budget Category Authorized Budget
Program Personnel (Salary and Benefits) $659,653.34
Provision of Meals for Program Clients $637,377.00
Administrative Costs (Transportation and Cellphones) $11,584.00 TOTAL $1,308,614.34
In addition to the above budgeted amounts, Ventura County Health Care Agency will be providing the following personnel in-kind: Community Services Coordinator who will work with eligible clients on housing navigation, and CalAIM Program Manager who will oversee the administration of the program.

Schedule of payment:

Consultant shall invoice the City on a quarterly basis. 173

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: September 17, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: City's Monthly Investment Report for the period ending July 31, 2024.

RECOMMENDATION
This is an information item for the City Council to receive and file.

This item did not originate in Committee.

BACKGROUND
The City of Oxnard (City) invests funds in compliance with the California Government Code Section 53600 et. Seq., and the City’s Investment Policy. This report follows the guidelines established in the California Government Code section 53646 and the City’s adopted Investment Policy.

DISCUSSION
The City’s total cash and investment position as of July 31, 2024 was $433.1 million, with $15.5 million in cash accounts and $417.6 million in investments, as summarized in the table below.

Cash and Investment
Position July 2024
Cash
Bank of America General Account
$7,576,538.83
Bank of America Successor Agency
Account
7,768,448.84
Bank of America Citations Account
112,183.50
Bank of America Golf Course Account
-
Total Cash
$15,457,171.17
Investments
Local Agency Investment Fund (LAIF)
47,000,000.00
Ventura County Investment Pool
(VCIP)
33,270,365.06
Certificates of Deposits
-
Bank Notes
-
Municipal Bonds
-
Federal Agency
-
Supra-National Agency Bonds *
974,428.00
Medium Term Notes *
41,699,152.42
U.S. Treasury Notes *
14,815,605.00
U.S. Government Sponsored Entities *
279,850,935.70
174
Total Investments
417,610,486.18
Total Cash and Investments
$433,067,657.35
* Market Value
Statutory Compliance
All investment transactions have been executed in conformance with the City’s Investment Policy and the California Government Code. The table below represents the City’s investment portfolio as of July 31, 2024 by authorized investment and duration for a total portfolio amount of $417.6 million.

Authorized
Investment
at Market Value as
of
July 31, 20024
Allowable
Threshold
($ million
or %)
Under 1
year
1-3 years Over 3
years
Total Average Yield
to Maturity
Portfolio %
LAIF $75.0 $47.00 $- $- $47.0 4.42% 11.25%
VCIP n/a 33.3 - - 33.3 4.40% 7.97%
Federal Agencies n/a 57.6 194.3 28.0 279.9 2.56% 67.01% Medium Term Notes 30% 12.8 26.9 2.0 41.7 2.43% 9.99%
Supranational 20% 1.0 - - 1.0 0.53% 0.23%
Treasuries n/a 14.8 - - 14.8 5.32% 3.55%
Total Investment $166.4 $221.2 $30.0 $417.6 2.97% 100%
*Total may not add due to rounding
Portfolio Trends
The cash and investment position, excluding the Successor Agency account, as of June 30, 2024, decreased by $36 million compared with the prior month, mainly due CalPERS payment for the Unfunded Actuarial Liability for Fiscal Year 2024-25 in amount of $28 million. The trend for the cash and investment position is represented in the following chart.

The California Government Code and the City’s investment policy defined the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The individual investments included under each investment type are included as an attachment to this report. 175
The chart below represents the City’s investment portfolio classified by days until maturities from July 31, 2024. Pooled investments in LAIF and Ventura County Investment Pooled provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.

The chart below represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF Pooled Monthly Investment Account (PMIA) average Monthly Effective Yields, as benchmarks for the City’s portfolio.
176

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: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. 202407 City of Oxnard Investment report July 2024

2. Presentation
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178
179
180
181
182
183
184
185
City of Oxnard
Monthly Investment Report
as of July 31, 2024
City Council
Presented by:

Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
186
Recommendation 2
That The City Council receive and file the City of Oxnard Quarterly Investment Report as of July 31, 2024.
187
City of Oxnard Cash and Investment as of July 31, 2024
Discussion 3
188
Discussion 4
Authorized Investment
at Market Value
Allowable
Threshold
($ million or %)
Under
1 year
1-3
years
Over 3
years
Total
Average
Yield to
Maturity
Portfolio
%
LAIF $75.0 $47.00 $- $- $47.0 4.52% 11.25%
VCIP n/a 33.3 - - 33.3 4.40% 7.97%
Federal Agencies n/a 57.6 194.3 28.0 279.9 2.56% 67.01% Medium Term Notes 30% 12.8 26.9 2.0 41.7 2.43% 9.99%
Supranational 20% 1.0 - - 1.0 0.53% 0.23%
Treasuries n/a 14.8 - - 14.8 5.32% 3.55%
Total Investment $166.4 $221.2 $30.0 $417.6 2.97% 100%
*Total may not add due to rounding
Investment Compliance July 2024
189
Cash and Investment Trend
Discussion 5
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
Jun-23 Sep-23 Dec-23 Mar-24 Jun-24 Jul-24
Millions
Cash and Investment Position
Par Value Investment. VCIP LAIF Cash
190
Discussion 6
-

20.00 40.00

60.00 80.00
100.00
120.00
140.00
160.00
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days > 1096 days Millions
Portfolio Maturity as of July 31, 2024
191
Discussion 7
Investment Return Trend

2.07%

2.50%

3.05% 2.97%

2.83%

3.17%

4.48%

4.52%

3.81%

4.49%

4.71%

4.10%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Mar 2023 Jun 2023 Sep 2023 Dec 2023 Mar 2024 Jun 2024 Jul 2024 City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
192
Recommendation 8
That The City Council receive and file the City of Oxnard Quarterly Investment Report as of July 31, 2024.
193
9 Questions / Discussion
194

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: September 17, 2024
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Request for a Zone Change to adopt the proposed Affordable Housing Discretionary (AHD) Additive Zone for the project site; and Appeal of Planning and Zoning Permit No. 22-500-04 (Special Use Permit); Property Located at 2151 Lockwood Street, APN 213-0-090-275; Project Name: Lockwood III Apartments. (60 minutes).

RECOMMENDATION
That the City Council conduct a public hearing and:

1. Adopt a Resolution adopting Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01 for the 2151 Lockwood Street; Lockwood III Apartments Project (Governor's Office of Planning and Research State Clearinghouse No. 2024030528);

2. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 22- 570-01 (Zone Change), subject to certain findings and conditions; and

3. Adopt a Resolution denying the appeal and upholding the Planning Commission’s decision to grant Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Planning and Zoning Permit No. 22-535-03 (Density Bonus), subject to certain findings and conditions.
(This is a Public Hearing and was reviewed by the Planning Commission, therefore 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/vAjct7XkbWc

BACKGROUND
On August 1, 2024, the Planning Commission (the “Commission”) held a public hearing to consider the following applications to allow for the construction of a 234 unit apartment complex:
• Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01; • Planning and Zoning Permit No. 22-570-01 (Zone Change); • Planning and Zoning Permit No. 22-500-04 (SUP); and
• Planning and Zoning Permit No. 22-535-03 (Density Bonus).

At the public hearing, the Commission heard public testimony, deliberated, and voted 4-0, with three Commissioners absent to adopt the resolutions recommending City Council adopt the Final IS/MND (Attachment 2), recommending City Council approve the Zone Change (Attachment 3), and approving the requested SUP and Density Bonus (Attachment 4).

The Commission's actions on the Final IS/MND and Zone Change were recommendations to the City Council; therefore, 195
those permits are required to come before the City Council pursuant to the Oxnard City Code (“OCC”). Pursuant to Sections 16-544 and 16-545 of the OCC, the action of the Planning Commission on the SUP is final unless an appeal application to the City Council is filed within 18 days after the date of the decision. On August 15, 2024, the Appellant (Supporters Alliance for Environmental Responsibility (“SAFER”) represented by Lozeau Drury, LLP) filed a timely Appeal application with the City (Attachment 5). As a result of the appeal of the SUP, the entire project is before the City Council for consideration and may be considered de novo.

DISCUSSION
The Project includes the construction of a new five-story, 234-unit, mixed-income, multifamily apartment building and associated utilities located on the existing, vacant 5.17-acre property at 2151 Lockwood Street within the Business Research Park land use designation and the Business Research Park (BRP) zone district. The permits necessary for the Project are approval of: 1) a Special Use Permit to construct multifamily housing within the existing BRP zone district and the proposed Affordable Housing Discretionary (AHD) Additive Zone; and 2) Approval of a Zone Change to adopt the proposed Affordable Housing Discretionary (AHD) Additive Zone. The Project also includes a request for the ministerial approval of a Density Bonus Permit to allow for a 50 percent Density Bonus to increase the maximum number of units from 156 units to 234 units and to waive, reduce or modify ten development standards related to open space requirements, balcony size and number, bedroom location, setbacks, parking lot design, unit location, and apply parking reductions per State regulations. Staff presented the project with a recommendation for approval to the Planning Commission (Attachment 1).

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with the requirements of CEQA (Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The IS/MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The IS/MND (State Clearinghouse No. 2024030528) was available for public review from March 18, 2024, to April 17, 2024. The City of Oxnard received five comment letters on the IS/MND from agencies, organizations, and interested parties. The written comments and responses to each of those comments received during the public review period of the Administrative Draft of the IS/MND are included in the Final IS/MND.

The IS/MND did not identify any potentially significant and unavoidable impacts (impacts that cannot be reduced to a less than significant level). The IS/MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources and cultural resources. Mitigation measures have been required to reduce each potentially significant impact to less than significant. These measures include: (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1, CUL-2, CUL-3, and CUL-4) worker awareness, and monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. The IS/MND concludes that after implementation of standard conditions and mitigation measures, all less than significant impacts associated with the proposed project would be reduced to less than significant levels. The IS/MND includes a Mitigation Monitoring and Reporting Program (MMRP) that details the process to implement the required mitigation measures.

Therefore, staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the City Council certify that: (1) The final IS/MND has been completed in compliance with CEQA; (2) The final IS/MND was presented to the decision-making body of the lead agency, and that the decisionmaking body reviewed and considered the information contained in the final IS/MND prior to approving the project; and (3) The final IS/MND reflects the lead agency‘s independent judgment and analysis.

Zone Change
The property is currently zoned Business Research Park (BRP), which is intended to provide areas for a limited group of professional, administrative, research, and limited manufacturing uses, along with limited commercial activities intended to support such uses. In order to allow for the proposed residential development, the Applicant is requesting a zone change to allow for the property to be granted the Affordable Housing Discretionary additive zone designation. This additive zone would keep the underlying zone in place. However, the additive zone would allow for the development of residential uses up to 30 units per acre.
196
The affordable housing additive zones provide opportunities for affordable residential developments to help reach the City's Regional Housing Needs Allocation (RHNA). The designation was specifically created as part of the adoption of the City’s 2021-2029 Housing Element to help the City achieve compliance with the most recent RHNA allocation. To date, the City is in full compliance with respect to the City’s Housing Element and RHNA, as the City, through the housing element process, identified housing sites to accommodate the City’s RHNA allocation of 8,549 units. As part of the Housing Element, it was determined that the City has a site capacity for 9,167 additional units. Each of these sites has been identified in the Supplement 1 to the 2021-2029 Housing Element. These sites include a mix of existing vacant residential properties, underutilized properties, annexations, and specific properties rezoned as part of the housing element to add the affordable housing additive zone. Therefore, the rezone of this property is not necessary to meet the City’s housing element or RHNA goals.

In consideration of the Zone Change request, the City must consider the larger context of the change and the trade-offs associated with the change, such as compatibility with surrounding land use and fiscal impacts. While the underlying BRP zone will remain unchanged, the approval of the proposed project and/or the zone change would result in the development of housing on the property. There are two approved residential projects adjacent to the subject Project, therefore compatibility is not a concern. Development of the subject Project would preclude the development of the primary uses intended for the BRP zone, which typically provides space for tax-generating business and higher wage job opportunities. While it would preclude the development of BRP uses, the Project would provide for additional workforce housing, which would serve many of the existing businesses by providing for an expanded employee base. Therefore, the approval would be beneficial as it helps to support and grow our existing businesses within the community.

Appeal
The Appellant appealed the decision of the Planning Commission based on two general grounds of appeal. The two grounds raised are that:

1. “SAFER believes that the City cannot proceed with the Project as Proposed because it fails to meet the City’s required minimum affordability requirement (OMC 16-420).”

2. “Additionally, SAFER has submitted substantial evidence of a fair argument that the Project may have potentially significant environmental effects and the MND prepared for the Project does not adequately analyze or mitigate the potentially significant impacts from the Project.”
In support of these two grounds, the Appellant attached two prior comment letters dated April 12, 2024, and August 1, 2024. The August 1, 2024, letter raises many of the same issues raised in the April 12, 2024, letter, so the grounds of appeal below and responses are based on the August 1, 2024, letter. Responses to the April 12, 2024, letter are provided in the Final IS/MND (Attachment 6). The Appellant's specific issues raised in their August 1, 2024, letters are noted below. Further details regarding each of these grounds can be found in their August 1, 2024, letter provided in Attachment 5.

Ground of Appeal 1:
“The Project Fails to Satisfy the Minimum Affordable Housing Requirement under the City’s Affordable Housing Additive Zone”
Staff Response:

Staff disagrees with Ground of Appeal 1, as the Appellant is incorrectly interpreting the OCC. The language in the code, which references “all units,” is in reference to the units allowed under the Affordable Housing Discretionary (AHD) Additive zone. The AHD Additive zone in this case allows for the development of housing up to a maximum density of 30 units per acre, which would allow for a total of 156 units on this property. As a result, under the AHD Additive zone, 20% of the units, which rounds up to 32 total units, must be restricted as affordable. Density bonus units are considered separately from that calculation under the AHD Additive zone. This is not only consistent with the current interpretation of the Inclusionary Ordinance and Density Bonus sections of the OCC, it is consistent with prior City approvals of other development projects within the Affordable Housing Discretionary and Affordable Housing Permitted Additive Zones.

Therefore, the Project is in compliance with the affordability requirement of the AHD Additive Zone.

Ground of Appeal 2:
“The IS/MND Fails to Adequately Describe the Project’s Environmental Setting” 197
Staff Response:

Staff disagrees with Ground of Appeal 2, as the Project’s Environmental Setting was appropriately established pursuant to CEQA. As it relates to biological resources which is the focus of this Ground of Appeal, the setting was established via a review of resource inventory databases and various publications, as well as a site survey by the City’s CEQA consultant’s biologist. This analysis appropriately established the Environmental Setting at the time the environmental analysis commenced, in accordance with CEQA. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-7 through A-11 and A-24 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Ground of Appeal 3:
“There is Substantial Evidence of a Fair Argument that the Project May Have Significant Biological Resource Impacts” Staff Response:

Staff disagrees with Ground of Appeal 3, as the Final IS/MND adequately analyzed all potential Biological Resource impacts pursuant to CEQA and determined that all impacts were less than significant with mitigation incorporated. As it relates to biological resources, which is the focus of this Ground of Appeal, the City’s CEQA consultant conducted a review of resource inventory databases and various publications, as well as conducted a site survey performed by the consultant’s biologist. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-6, A-12, and A-25 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Ground of Appeal 4:
“There is Substantial Evidence of a Fair Argument that the Project May Have Potentially Significant Air Quality Impacts”
Staff Response:

Staff disagrees with Ground of Appeal 5, as the Final IS/MND adequately analyzes all potential air quality impacts pursuant to CEQA and determined that all impacts were less than significant. As it relates to air quality, which is the focus of this Ground of Appeal, an Air Quality and Health Risk Assessment was prepared for this project. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-17 and A-18 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Ground of Appeal 5:
“There is Substantial Evidence of a Fair Argument that the Project May Have Significant Health Risks from Indoor Air Quality Emissions”
Staff Response:

Staff disagrees with Ground of Appeal 5, as the Final IS/MND adequately analyzes all potential air quality impacts pursuant to CEQA and determined that all impacts were less than significant. As it relates to air quality, which is the focus of this Ground of Appeal, an Air Quality and Health Risk Assessment was prepared for this project. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-14, and A-27 through A-35 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Ground of Appeal 6:
“Installation of Filters to Reduce Significant Impact to a Level Below Significance Constitutes a Mitigation Measure. Use of this Mitigation Measure Must be Reflected in the Mitigation Monitoring and Reporting Program” Staff Response:

Staff disagrees with Ground of Appeal 6, as the Final IS/MND adequately analyzes all potential air quality impacts pursuant to CEQA and determined that all impacts were less than significant. As it relates to the need for air filters, this is already required for this project pursuant to OCC Section 16-420J(C). The requirement has been incorporated into the project and the requirement is included in the project conditions of approval. Therefore, the filters are part of the project and not required as a mitigation, as the impact would be less than significant with the project, as designed. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-14, A-17, A-28, A-29, A-32, and A-33 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Ground of Appeal 7:
198
“There is Substantial Evidence of a Fair Argument that the Project May Have Significant Noise Impacts that were inadequately Addressed”
Staff Response:

Staff disagrees with Ground of Appeal 7, as the Final IS/MND adequately analyzes all potential noise impacts pursuant to CEQA and determined that all impacts were less than significant. As it relates to noise, which is the focus of this Ground of Appeal, a noise study was prepared for this project. Many of the issues raised in the August 1, 2024, letter continue to make the same arguments raised and responded to during the public review period. The Appellant generally asserts that the City should have used the office threshold in its analysis. However, staff continues to assert that the workshop threshold used was appropriate as California Lutheran University would not be considered an office. While the university, as well as other non-office uses, such as commercial, warehouse, etc. may contain office space, they would not be considered office under the category, as the office category here is intended for more traditional office uses. Given the variety of uses present in the building and Palms center, it is more appropriately categorized as a workshop as they would not be as sensitive to vibration, as stated in the Final IS/MND, and therefore would not fall under the office threshold.

These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-19, A-20, and A-36 through A-42 located in Appendix L to the Final IS/MND and also included as Attachment 6.

Conclusion
In regard to the Appeal, the Appellant requests the Planning Commission’s decision to grant the SUP be overturned and an EIR prepared for the project based on several grounds.

Based on the above Analysis/Discussion Section, the staff’s responses collectively demonstrate the Appeal lacks merit and the Commission’s determination on August 1, 2024 should remain unchanged. Thus, staff recommends that the City Council find there is no merit to the Appellant’s Grounds of Appeal and the Appeal should not overturn the decision of the Commission to approve the SUP and Density Bonus. Furthermore, the City Council staff report, attachments, and the specific Findings outlined in the City Council resolution provide substantial evidence in the record for the City Council to approve the Project.

Staff recommends that the City Council approve the associated Zone Change and adopt the Final IS/MND pursuant to Planning Commission’s recommendation.

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

FINANCIAL IMPACT
The approval of the Zone Change and Special Use Permit provides the opportunity for future development that will result in increased property tax revenue for the City. The Project will be required to pay the required connection and impact fees. When completed, the 234 apartment units will generate property taxes for the City.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Planning Commission, therefore this item did not originate in Committee. During the Commission’s public hearing on August 1, 2024, Commissioners asked a series of questions as a result of staff’s and the Applicant team’s presentations. One verbal comment was provided during the public comment period. The questions and comments were generally in regard to the number of affordable units, environmental impacts, solar, and proposal for an all electric building and solar requirements.

Following the deliberation, the Commission made a motion recommending that the City Council adopt Final IS/MND 24- 01 and Mitigation Monitoring Reporting Program (MMRP) and adopt a resolution recommending that the City Council Approve Planning and Zoning Permit No. 22-570-01 (Zone Change) and approving a resolution approving Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit) and 22-535-03. The Planning Commission meeting can be viewed online at the following links:
199
August 1, 2024 - https://www.youtube.com/watch?v=oLmxIdQmIwQ The final motion carried 4 (in favor) - 0 (against), with three commissioners absent.

Attachments 2, 3, and 4 reflect the Commission’s recommended action to the City Council. The Commission’s recommended action would allow for the project as requested by the project applicant.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Planning Commission Staff Report dated August 1, 2024 (W Attachments A-F)

2. Planning Commission Resolution No. 2024-18 (Final ISMND 24-01)

3. Planning Commission Resolution No. 2024-19 (Zone Change)

4. Planning Commission Resolution No. 2024-20 (Special Use Permit and Density Bonus)

5. Appeal Form with Grounds of Appeal submitted by Appellant dated August 15, 2024

6. Response to Comments from Lozeau Drury, LLP (SAFER) April 12, 2024 Letter (2)

7. Resolution adopting a Mitigated Negative Declaration (MND) 24-01 and Mitigation Monitoring Reporting Program (MMRP)

8. Resolution Denying the Appeal and Approving Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus)

9. Ordinance No. 3050 Planning and Zoning Permit No. 22-570-01 (Zone Change) 09 17 2024

10. Presentation
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PLANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Brenna Wengert, AICP, Associate Planner II (Contract) DATE: August 1, 2024
SUBJECT: Project Name: Lockwood III Apartments; Planning and Zoning Permit No. 22-500-04 (Special Use Permit), Planning and Zoning Permit No. 22-535-03 (Density Bonus), and Planning and Zoning Permit No. 22-570-01 (Zone Change); Property Located at 2151 Lockwood Street, APN 213-0-090-275.
1) Recommendation: That the Planning Commission (“Commission”):
a) Adopt Resolution 2024-XX recommending that the City Council adopt Final Initial Study/Mitigated Negative Declaration (IS/MND) No. 24-01 for the 2151 Lockwood Street (Lockwood 3) Apartments Project (Governor's Office of Planning and Research State Clearinghouse No. 2024030528); and
b) Adopt Resolution 2024-XX recommending that the City Council approve Planning and Zoning Permit No. 22-570-01 (Zone Change), subject to certain findings and conditions; and
c) Adopt Resolution 2024-XX approving Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Planning and Zoning Permit No. 22-535-03 (Density Bonus), subject to certain findings and conditions.
2) Project Description and Applicant: The applicant is requesting a Special Use Permit, Density Bonus Permit, and Zone Change to construct a new five-story, 234-unit, mixed-income, multi-family apartment building and associated utilities located on the existing, vacant 5.17-acre property at 2151 Lockwood Street within the Business Research Park land use designation and the Business Research Park (BRP) zone district.

The Project requires approval of a Special Use Permit to construct multi-family housing within the existing BRP zone district and the proposed Affordable Housing Discretionary (-AHD) Additive Zone; approval of a Zone Change to adopt the proposed Affordable Housing Discretionary (-AHD) Additive Zone. The Project also includes a request for the ministerial approval of a Density Bonus Permit to allow for a 50 percent Density Bonus to increase the maximum number of units from 156 units to 234 units and to waive, reduce or modify ten development standards related to open space requirements, balcony size and 201
2151 Lockwood Street (Lockwood 3) Apartments Project; Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit), 22-535-03 (Density Bonus), and 22-570-01 (Zone Change) Planning Commission Hearing Date: August 1, 2024

number, and bedroom location, setbacks, parking lot design, unit location, and apply parking reductions per State regulations.

The request includes certification of the proposed Final Initial Study/Mitigated Negative Declaration (IS/MND) No. 24-01 (State Clearinghouse No. 2024030528) and approval of the Mitigation Monitoring and Reporting Program (MMRP) which has been prepared pursuant to the California Environmental Quality Act (CEQA) Public Resources Code (California Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). For purposes of this staff report, the foregoing project description shall be referred to as the “Project.” The Project application was filed by Mark Ross – Manager, SVM Development, 1534 Moorpark Road #337, Thousand Oaks, California 91360, designated agent (the “Applicant”) on behalf of Sunbelt Enterprises, LLC, 5715 Mesmer Avenue, Los Angeles, California 90230 (the “Property Owner”).

As shown in the following table, the Project includes a request for three concessions and three parking reductions:

Density Bonus Concession (3)

1. Bedroom facing public right-of-way at ground floor
level

2. Interior Yard Space (IYS) reduction 19% (30%
required)

3. Patio & Deck minimum size (10 feet X 10 feet
required) reduction
Density Bonus Waivers (3)

4. Allow for building height to increase from a maximum of 56 feet to 68 feet.

5. Allow for a reduction of the front setback 30 feet to approximately 6.5 feet.

6. Allow for landscape planter overhang to be less than 5 feet, but no less than 2 feet.

State Bonus Density Parking
Reductions
Provide 351 parking spaces onsite (300 parking spaces
Required).

7. 1 spaces per unit for 1 bedroom and 1.5 spaces for 2 or 3 bedrooms. (1 space/1 bedroom & 2 space/2
bedrooms or more required by the OCC)

8. Allow uncovered parking (Garage required by the
OCC)

9. Allow for Tandem parking

10. 0 Visitor parking reduction (one covered space for
the first 30 units; 0.5 spaces after 31st unit required by the OCC).
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2151 Lockwood Street (Lockwood 3) Apartments Project; Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit), 22-535-03 (Density Bonus), and 22-570-01 (Zone Change) Planning Commission Hearing Date: August 1, 2024

Project Deviations
Please see the reduced Project plans (Attachment B) for more details. 3) Existing & Surrounding Land Uses: The Project site is currently vacant and undeveloped land. The Project site is not in a General Plan identified neighborhood. The following table lists and identifies the General Plan Land Use Designations, Zoning Designations, and existing land uses of the Project site and properties immediately adjacent to the site, which are also illustrated in Attachment A:
4) Background Information: The Project site is part of Tract 4881 approved by City Council on November 16, 1993 and recorded on December 8, 1993. Subsequent lot line adjustments, LLA 99-5-151 (recorded on February 2, 2000) and LLA 00-5-103 (recorded on October 31, 2000), were completed, however, no development was proposed. Lastly, a tentative parcel TABLE 1

EXISTING AND SURROUNDING LAND USES
Property Location General Plan
Land Use
Designation
Zoning
Designation
Existing Land Use
Project Site Business and
Research Park
(BRP)
Business and
Research Park
(BRP)
Vacant, undeveloped
North Not applicable Not applicable US-101/Ventura Freeway South Business and
Research Park
(BRP)
Business and
Research Park/
Affordable
Housing
Discretionary
(BRP-AHD)
Vacant, undeveloped;
Approved for construction
of mixed-income,
multi-family apartment
buildings (Lockwood 1
and Lockwood 2).

East Business and
Research Park
(BRP)
Business and
Research Park
(BRP)
Outlet center; California
Lutheran University
satellite campus
West Business and
Research Park
(BRP)
Business and
Research Park
(BRP)
Automobile dealership
203
2151 Lockwood Street (Lockwood 3) Apartments Project; Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit), 22-535-03 (Density Bonus), and 22-570-01 (Zone Change) Planning Commission Hearing Date: August 1, 2024

map (PZ 18-300-10) was approved by the City Council on September 17, 2019, to create the project parcel and construct the connection of Lockwood Street with associated infrastructure. The parcel has remained undeveloped since it was created.The existing Project site is relatively flat, vacant land. The subject property was historically used for agricultural purposes. Farming on the site ceased between 1970 and 1994 and the lot remained undeveloped. There are no existing structures on the property. 5) Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with the requirements of CEQA (Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The IS/MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The IS/MND (State Clearinghouse No. 2024030528) was available for public review from March 18, 2024, to April 17, 2024. The City of Oxnard received comment letters on the IS/MND from agencies, organizations, and interested parties. The written comments and responses to each of those comments received during the public review period of the Administrative Draft of the IS/MND are included in the Final IS/MND (Attachment C).

The IS/MND did not identify any potentially significant and unavoidable impacts (impacts that cannot be reduced to a less than significant level). The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources and cultural resources. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include: (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1, CUL-2, CUL-3, and CUL-4) worker awareness, and monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. The IS/MND concludes that after implementation of standard conditions and mitigation measures, all less than significant impacts associated with the proposed project would be reduced to less than significant levels. The IS/MND includes a Mitigation Monitoring and Reporting Program (MMRP) that details the process to implement the required mitigation measures.

Therefore, staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the Planning Commission certify that: (1) The final IS/MND has been completed in compliance with CEQA; (2) The final IS/MND was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final IS/MND prior to approving the project; and (3) The final IS/MND reflects the lead agency‘s independent judgment and analysis.
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2151 Lockwood Street (Lockwood 3) Apartments Project; Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit), 22-535-03 (Density Bonus), and 22-570-01 (Zone Change) Planning Commission Hearing Date: August 1, 2024

6) Project Analysis:
a) General Discussion: As discussed below, the Project has been found to be consistent with both the 2030 General Plan and the Oxnard City Code (OCC), subject to approval of the proposed Zone Change.

The Planning Commission is the decision maker for Special Use Permit pursuant to OCC Section 16-531. The Planning Commission makes recommendations to the City Council for Zone Change (OCC Section 16-581).

Pursuant to OCC Section 16-420D (C), at this location a Special Use Permit is required for the development of multi-family residential uses permitted under Division 7C (Affordable Housing -AHP and -AHD Additive Zones). The Planning Commission is the decision maker for Special Use Permit pursuant to OCC Section 16-531. Based on OCC Section 16-420G(A), the allowable density of units per acre for the -AHD additive zones is up to 30 units per acre. Under the -AHD additive zone density allowance, the 5.17-acre site could accommodate a maximum of approximately 156 units. However, OCC Section 16-420G(B), affordable housing additive zone sites such as the -AHD additive zones are eligible for the state Density Bonus if the developer files a Density Bonus permit request under Division 7A of Article V of Chapter 16 (Density Bonus and Related Incentives and Concessions Program). As such, the Project is requesting a total of 234 units based on the State and City Density Bonus laws.

Pursuant to Oxnard City Code (OCC) §16-163 and §16-420(D)(C), respectively, a Special Use Permit (SUP) is required for the proposed multi-family residential use to be located within the existing BRP Zone District and the proposed -AHD Additive Zone.

Pursuant to OCC §16-536, the Planning Commission is the decision maker for the SUP.

If approved by the Planning Commission, the SUP would become effective pending the approval of the associated Zone Change by the City Council, as described below.

Pursuant to OCC §16-576, a Zone Change is required to adopt the proposed -AHD Additive Zone. Pursuant to OCC §16-581 and §16-587, the Planning Commission shall make a recommendation to the City Council on the Zone Change application, which shall be advisory only. Pursuant to OCC §16-588, the City Council is the decision maker for the requested Zone Change.

Pursuant to OCC §16-410.3, an applicant for a density bonus permit shall file an application in accordance with OCC §16-410.5 and 16-410.6. Pursuant to OCC §16-410.6(E), approval of a Density Bonus permit shall be made by the approval authority within the City that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing 205
2151 Lockwood Street (Lockwood 3) Apartments Project; Planning and Zoning Permit Nos. 22-500-04 (Special Use Permit), 22-535-03 (Density Bonus), and 22-570-01 (Zone Change) Planning Commission Hearing Date: August 1, 2024