Agenda packet — Oxnard City Council, December 3, 2024 (part 5 of 5)

Attachment A
CEQA Initial Study Checklist

861

2024 Initial Study Checklist 1

CITY OF OXNARD CEQA INITIAL STUDY CHECKLIST
Project Title

City of Oxnard Contact Person and
Phone Number

Project Location

Project Sponsor’s Name and Address

General Plan Designation

City Zoning

Description of Project

Surrounding Land Uses and Setting

Planned and Pending Projects in the
Site Vicinity

Other Public Agencies Whose
Approval is Required

862
City of Oxnard
CEQA Guidelines

2 This page intentionally left blank.

863
Environmental Factors Potentially Affected

2024 Initial Study Checklist 3

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.
□ Aesthetics and Urban
Design
□ Agricultural Resources □ Air Quality
□ Biological Resources □ Cultural Resources □ Energy □ Geology and Soils □ Greenhouse Gas
Emissions
□ Hazards and Hazardous
Materials
□ Hydrology and Water
Quality
□ Land Use and Planning □ Mineral Resources
□ Noise □ Population and
Housing
□ Public Services and
Recreation
□ Transportation □ Tribal Cultural
Resources
□ Utilities and Service
Systems
□ Wildfire □ Cumulative Impacts
and Mandatory
Findings
of Significance

DETERMINATION
Based on this initial evaluation:
□ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
□ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
□ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 864
City of Oxnard
CEQA Guidelines

4 □ I find that although the proposed project could have a significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date

Printed Name Title

865
Evaluation Of Environmental Impacts

2024 Initial Study Checklist 5

EVALUATION OF ENVIRONMENTAL IMPACTS

1. When the answer to a checklist question is “yes”, either the “Potentially Significant Impact” or “Less than Significant Impact with Mitigation Incorporated” box will typically be checked. When the answer to a checklist question is “no,” either the “Less than Significant Impact” or “No Impact” box will typically be checked.

2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project‐‐‐specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project‐‐‐specific screening analysis).

3. All answers must take account of the whole action involved, including off‐site as well as on‐site, cumulative as well as project‐level, indirect as well as direct, and construction as well as operational impacts.

4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is typically required.

5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (6) below, may be cross‐‐‐ referenced).

6. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
 When earlier analysis is used identify and state where they are available for review.  When impacts are adequately addressed in earlier analyses identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
 For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site‐‐‐specific conditions for the project.

7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

8. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 866
City of Oxnard
CEQA Guidelines

6 9. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

10. The explanation of each issue should identify:
 The significance criteria or threshold, if any, used to evaluate each question; and  The mitigation measure identified, if any, to reduce the impact to less than significance

867
Issue Topics
Aesthetics

2024 Initial Study Checklist 7

ISSUE TOPICS
AESTHETICS Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project have a substantial
adverse effect on a scenic vista such as an
ocean or mountain view from an
important view corridor or location as
identified in the 2030 General Plan or
other City planning documents? □ □ □ □

2. Would the project substantially damage
scenic resources, including but not limited
to, trees, rock outcroppings, and historic
buildings within a state scenic highway, or
route identified as scenic by the County of
Ventura or City of Oxnard? □ □ □ □

3. In non‐urbanized areas, would the project
substantially degrade the existing visual
character or quality of public views of the
site and its surroundings such as by
creating new development of other
physical changes that are visually
incompatible with surrounding areas?
(Public views are those that are
experienced from a publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other
regulations governing scenic quality, such
as visual resource policies contained in
the 2030 General Plan or other City
planning document? □ □ □ □

4. Would  the  project  add  to  or
compound  an  existing  negative  visual
character  associated  with  the  project
site? □ □ □ □

5. Would the project create a new source of
substantial light or glare that would
adversely affect daytime or nighttime
views in the area? □ □ □ □

868
City of Oxnard
CEQA Guidelines

8 AGRICULTURAL RESOURCES Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project convert Prime Farmland,
Unique Farmland, or Farmland of
Statewide Importance (Farmland), as
shown on maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non‐agricultural use? □ □ □ □

2. Would the project conflict with existing
zoning for agricultural use or a Williamson
Act contract? □ □ □ □

3. Would the project involve other changes in
the existing environment which, due to
their location or nature, could result in
conversion of Farmland to non‐agricultural
use? □ □ □ □

869
Issue Topics
Air Quality

2024 Initial Study Checklist 9
AIR QUALITY Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project conflict with or
obstruct implementation of the Ventura
County AQMP? □ □ □ □

2. Would the project result in a
cumulatively considerable net increase of
any criteria air pollutant in excess of
quantitative thresholds recommended by
VCAPCD? □ □ □ □

3. Would the project expose sensitive
receptors to substantial pollutant
concentrations? □ □ □ □

4. Would the project result in other
emissions (such as those leading to
odors) adversely affecting a substantial
number of people? □ □ □ □

870
City of Oxnard
CEQA Guidelines

10 BIOLOGICAL RESOURCES Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project have a substantial
adverse effect, either directly or through
habitat modifications, on any species
identified as a candidate, sensitive, or
special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service? □ □ □ □

2. Would the project have a substantial
adverse effect on any riparian habitat or
other sensitive natural community
identified in local or regional plans, policies,
or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish
and Wildlife Service? □ □ □ □

3. Would the project have a substantial
adverse effect on state or federally
protected waters of the U.S. (including, but
not limited to, marsh, vernal pool, coastal
wetlands, etc.) through direct removal,
filling, hydrological interruption, or other
means? □ □ □ □

4. Would the project interfere substantially
with the movement of any native resident
or migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites? □ □ □ □

5. Would the project conflict with any local
policies or ordinances protecting biological
resources, such as a tree preservation
policy or ordinance? □ □ □ □

6. Would the project conflict with an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? □ □ □ □

871
Issue Topics
Cultural Resources

2024 Initial Study Checklist 11
CULTURAL RESOURCES Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project cause a substantial
adverse change in the significance of a
historical resource pursuant to CEQA
Guidelines Section 15064.5? □ □ □ □

2. Would the project cause a substantial
adverse change in the significance of an
archaeological resource pursuant to
CEQA Guidelines Section 15064.5? □ □ □ □

3. Would the project disturb any human
remains, including those interred outside
of formal cemeteries? □ □ □ □

872
City of Oxnard
CEQA Guidelines

12 ENERGY Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project result in potentially
significant environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources, during
project construction or operation? □ □ □ □

2. Would the project conflict with or
obstruct a State or local plan for
renewable energy or energy efficiency? □ □ □ □

873
Issue Topics
Geology and Soils

2024 Initial Study Checklist 13
GEOLOGY AND SOILS Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project directly or indirectly
cause potential substantial adverse
effects, including the risk of loss, injury,
or death involving:
a. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist‐Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42. □ □ □ □
b. Strong seismic ground shaking? □ □ □ □
c. Seismic‐related ground failure,
including liquefaction? □ □ □ □
d. Landslides? □ □ □ □

2. Would the project result in substantial
soil erosion or the loss of topsoil? □ □ □ □

3. Would the project be located on a
geologic unit or soil that is unstable, or
that would become unstable as a result
of the project, and potentially result in
on‐ or off‐site landslide, lateral spreading,
subsidence, liquefaction, or collapse? □ □ □ □

4. Would the project be located on
expansive soil, as defined in Table 18‐1‐B
of the Uniform Building Code (1994),
creating substantial direct or indirect
risks to life or property? □ □ □ □

5. Would the project have soils incapable of
adequately supporting the use of septic
tanks or alternative wastewater disposal
systems where sewers are not available
for the disposal of wastewater? □ □ □ □

874
City of Oxnard
CEQA Guidelines

14 GEOLOGY AND SOILS Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

6. Would the project directly or indirectly
destroy a unique paleontological
resource or site or unique geologic
feature? □ □ □ □

875
Issue Topics
Greenhouse Gas Emissions

2024 Initial Study Checklist 15
GREENHOUSE GAS EMISSIONS Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project generate greenhouse
gas (GHG) emissions, either directly or
indirectly, that may have a significant
impact on the environment? □ □ □ □

2. Would the project conflict with an
applicable plan, policy, or regulation
adopted for the purpose of reducing the
emissions of GHG? □ □ □ □

876
City of Oxnard
CEQA Guidelines

16 HAZARDS AND HAZARDOUS

MATERIALS
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project create a significant
hazard to the public or the environment
through the routine transport, use, or
disposal of hazardous materials? □ □ □ □

2. Would the project create a substantial
hazard to the public or the environment
through reasonably foreseeable upset
and accident conditions involving the
release of hazardous materials into the
environment? □ □ □ □

3. Would the project emit hazardous
emissions or handle hazardous or acutely
hazardous materials, substances, or
waste within 0.25 mile of an existing or
proposed school? □ □ □ □

4. Would the project be located on a site
that is included on a list of hazardous
material sites compiled pursuant to
Government Code Section 65962.5 and,
as a result, would it create a significant
hazard to the public or the environment? □ □ □ □

5. For a project located in an airport land
use plan or, where such a plan has not
been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area? □ □ □ □

6. Would the project impair
implementation of or physically interfere
with an adopted emergency operations
plan or Ventura County Operation Area
Response Protocol or City of Oxnard
emergency evacuation protocols? □ □ □ □

7. Would the project expose people or
structures, either directly or indirectly, to
a significant risk of loss, injury, or death
involving wildland fires? □ □ □ □

877
Issue Topics
Hydrology and Water Quality

2024 Initial Study Checklist 17
HYDROLOGY AND WATER QUALITY Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project violate any water
quality standards or waste discharge
requirements or otherwise substantially
degrade surface or ground water quality? □ □ □ □

2. Would the project substantially decrease
groundwater supplies or interfere
substantially with groundwater recharge
such that the project may impede
sustainable groundwater management of
the basin? □ □ □ □

3. Would the project substantially alter the
existing drainage pattern of the site or
area, including through the alteration of
the course of a stream or river or through
the addition of impervious surfaces, in a
manner which would:
a. Result in substantial erosion or
siltation on‐ or off‐site; □ □ □ □
b. Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on‐ or
off‐site; □ □ □ □
c. Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or □ □ □ □
d. Impede or redirect flood flows? □ □ □ □

4. In flood hazard, tsunami, or seiche zones,
would the project risk release of
pollutants due to project inundation? □ □ □ □

5. Would the project conflict with or
obstruct implementation of the water
quality basin plan for Oxnard in the "Los
Angeles Region Basin Plan for the Coastal
Watersheds of Los Angeles and Ventura
Counties," NPDES permits and associated □ □ □ □
878
City of Oxnard
CEQA Guidelines

18 HYDROLOGY AND WATER QUALITY Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
local standards, or the FCGMA GSP for
sustainable groundwater management?

879
Issue Topics
Land Use and Planning

2024 Initial Study Checklist 19
LAND USE AND PLANNING Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project physically divide an
established community? □ □ □ □

2. Would the project cause a significant
environmental impact due to a conflict
with any land use plan, policy, or
regulation adopted for the purpose of
avoiding or mitigating an environmental
effect? □ □ □ □

880
City of Oxnard
CEQA Guidelines

20 MINERAL RESOURCES Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project result in the loss of
availability of a known mineral resource
that would be of value to the region and
the residents of the state? □ □ □ □

2. Would the project result in the loss of
availability of a locally important mineral
resource recovery site delineated in the
Oxnard 2030 General Plan, specific plan,
or other land use plan? □ □ □ □

881
Issue Topics
Noise

2024 Initial Study Checklist 21
NOISE Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project result in generation of
a substantial temporary or permanent
increase in ambient noise levels in the
vicinity of the project in excess of
standards established in the Oxnard 2030
General Plan or noise ordinance, or
applicable standards of other agencies? □ □ □ □

2. Would the project result in generation of
excessive groundborne vibration or
groundborne noise levels? □ □ □ □

3. For a project located within the vicinity of
a private airstrip or the airport land use
plan for Oxnard Airport or within two
miles of Naval Base Ventura County,
Point Mugu, would the project expose
people residing or working in the project
area to excessive noise levels? □ □ □ □

882
City of Oxnard
CEQA Guidelines

22 POPULATION AND HOUSING Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project induce substantial
unplanned population growth in an area,
either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g.,
through extension of roads or other
infrastructure)? □ □ □ □

2. Would the project displace substantial
numbers of existing people or housing,
necessitating the construction of
replacement housing elsewhere? □ □ □ □

3. Would the project result in a net loss of
decent, safe and sanitary housing units
(as defined under 24 CFR § 880.201) that
are restricted to be affordable, through
demolition, conversion, or other means,
that may necessitate the development of
replacement housing or result in impacts
associated with displacement of at‐risk
households (e.g. overcrowding, exposure
to the elements)? □ □ □ □

883
Issue Topics
Public Services and Recreation

2024 Initial Study Checklist 23
PUBLIC SERVICES AND RECREATION Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project increase demand for
fire protection service such that new or
expanded facilities would be needed to
maintain acceptable service levels, the
construction of which may have
significant environmental effects? □ □ □ □

2. Would the project increase demand for
law enforcement service such that new
or expanded facilities would be needed
to maintain acceptable service levels, the
construction of which may have
significant environmental effects? □ □ □ □

3. Would the project increase demand for
schools such that new or expanded
facilities would be needed to maintain
acceptable service levels, the
construction of which may have
significant environmental effects? □ □ □ □

4. Would the project increase the use of
existing park facilities such that that new
or expanded park facilities would be
needed to maintain acceptable service
levels, the construction of which may
have significant environmental effects? □ □ □ □

5. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated? □ □ □ □

6. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment? □ □ □ □

7. Would the project increase the need for
or use of existing library or other
community facilities such that substantial
physical deterioration of the facilities
would occur or be accelerated? □ □ □ □
884
City of Oxnard
CEQA Guidelines

24 TRANSPORTATION AND

CIRCULATION
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project conflict with a
program, plan, ordinance or policy
addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities? □ □ □ □

2. Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b) for
analyzing transportation impacts? □ □ □ □

3. Would the project substantially increase
hazards due to a geometric design
feature (e.g., sharp curves or dangerous
intersections) or incompatible use (e.g.,
farm equipment)? □ □ □ □

4. Would the project result in inadequate
emergency access? □ □ □ □

885
Issue Topics
Tribal Cultural Resources

2024 Initial Study Checklist 25
TRIBAL CULTURAL RESOURCES Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in PRC
Section 21074 as either a site, feature,
place, cultural landscape that is
geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and that
is:
a. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
PRC Section 5020.1(k), or □ □ □ □
b. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to criteria
set forth in subdivision (c) of PRC
Section 5024.1. In applying the
criteria set forth in subdivision (c) of
PRC Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.? □ □ □ □

886
City of Oxnard
CEQA Guidelines

26 UTILITIES AND SERVICE SYSTEMS Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Would the project require or result in the
relocation or construction of new or
expanded water, wastewater treatment
or storm water drainage, electric power,
natural gas, or telecommunications
facilities, the construction or relocation
of which could cause significant
environmental effects? □ □ □ □

2. Would the project have sufficient water
supplies available to serve the project
and reasonably foreseeable future
development during normal, dry and
multiple dry years? □ □ □ □

3. Would additional wastewater
conveyance or treatment capacity be
required to serve project demand and
existing commitments? □ □ □ □

4. Would the project include non‐
residential wastewater discharges that
are subject to local limits and
pretreatment requirements? □ □ □ □

5. Would the project generate solid waste
in excess of State or local standards, or in
excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction
goals? □ □ □ □

6. Would the project comply with federal,
state, and local management and
reduction statutes and regulations
related to solid waste? □ □ □ □

887
Issue Topics
Wildfire

2024 Initial Study Checklist 27
WILDFIRE Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. If located in or near lands classified with
fire hazard severity zones that require
mitigation, would the project
substantially impair an adopted
emergency response plan or emergency
evacuation plan? □ □ □ □

2. If located in or near lands classified with
fire hazard severity zones that require
mitigation, due to slope, prevailing
winds, and other factors, would the
project exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire? □ □ □ □

3. If located in or near lands classified with
fire hazard severity zones that require
mitigation, would the project require the
installation or maintenance of associated
infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or
other utilities) that may exacerbate fire
risk or that may result in temporary or
ongoing impacts to the environment? □ □ □ □

4. If located in or near lands classified with
fire hazard severity zones that require
mitigation, would the project expose
people or structures to significant risks,
including downslope or downstream
flooding or landslides, as a result of
runoff, post‐fire slope instability, or
drainage changes? □ □ □ □

888
City of Oxnard
CEQA Guidelines

28 MANDATORY FINDINGS OF

SIGNIFICANCE
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

1. Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause
a fish or wildlife population to drop
below self‐sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory? □ □ □ □

2. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)? □ □ □ □

3. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly? □ □ □ □

889

Attachment B

City of Oxnard General Plan Goals and Policies Related to CEQA Sections
890

CITY OF OXNARD GENERAL PLAN G O ALS AND POLICIES

TO CEQA S ECTIONS

Table of Contents
Table 1 2030 General Plan Goals and Policies Related to Aesthetic Resources ............................................. 1 Table 2 2030 General Plan Goals and Policies Related to Agricultural Land .................................................. 3 Table 3 2030 General Plan Goals and Policies Related to Air Quality ............................................................ 4 Table 4 2030 General Plan Goals and Policies Related to Biological Resources ........................................ 7 Table 5 2030 General Plan Goals and Policies Related to Cultural Resources ............................................ 9 Table 6 2030 General Plan Goals and Policies Related to Energy ............................................................... 10 Table 7 2030 General Plan Goals and Policies Related to Geology and Soils ............................................... 11 Table 8 2030 General Plan Goals and Policies Related to Greenhouse G as Emissions ............................... 12 Table 9 2030 General Plan Goals and Policies Related to Hazards and Hazardous Materials ..................... 15 Table 10 2030 General Plan Goals and Policies Related to Hydrology and Water Quality .......................... 17 Table 11 2030 General Plan Goals and Policies Related to Land Use and Planning ..................................... 19 Table 12 2030 General Plan Goals and Policies Related to Mineral Resources ........................................... 22 Table 13 2030 General Plan Goals and Policies Related to Noise ................................................................ 23 Table 14 2030 General Plan Goals and Policies Related to Population and Housing .............................. 25 Table 15 2030 General Plan Goals and Policies Related to Public Services and Recreation ........................ 26 Table 16 2030 General Plan Goals and Policies Related to Transportation ................................................. 29 Table 17 2030 General Plan Goals and Policies Related to Trib al Cultural Resources ............................. 32 Table 18 2030 Gene ral Plan Goals and Policies Related to Utilities and Service Systems ....................... 33 Table 19 2030 General Plan Goals and Policies Related to Wildfire ............................................................ 35

891

Page 1 of 35 ends

Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.7 Compact Development

Goal CD‐‐‐3 A city of stable, safe, attractive, and revitalized neighborhoods with adequate parks, schools, infrastructure, and community identity and pride.

CD‐‐‐3.3 Innovative Redevelopment

CD‐‐‐3.4 Neighborhood Quality of Life Program
Goal CD‐‐‐4 Commercial uses compatible with surrounding land uses to meet the present and future needs of Oxnard residents, employees and visitors.

CD‐‐‐4.3 Urban Village Program and Height Overlay
CD‐‐‐4.4 Commercial Area Aesthetics

CD‐‐‐4.5 Commercial Signage
Goal CD‐‐‐5 Development of industrial uses in appropriate areas, assistance in the location of new industry, retention and expansion of existing industry, and maintenance of the City’s economic vitality.

CD‐‐‐5.4 Environmentally Friendly and “Green” Industry Goal CD‐‐‐7 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.4 Urban Village Design Guidelines
CD‐‐‐7.7 Urban Village Streetscapes and Identification

Goal CD‐‐‐9 A high quality visual image and perception of the City.

CD‐‐‐9.1 Neighborhood Identity

CD‐‐‐9.2 Revitalization and Redevelopment
CD‐‐‐9.3 Gateway Enhancement

CD‐‐‐9.4 View Corridor Preservation
CD‐‐‐9.5 Unique Character Preservation

CD‐‐‐9.6 High Rise Development
Goal CD‐‐‐14 Expectations of higher quality design.

Goal ICS‐‐‐2 A transportation system that supports existing, approved, and planned land uses throughout the City while maintaining a level of service ”C” at designated intersections unless excepted.

ICS‐‐‐2.11 Scenic Highway Preservation

ICS‐‐‐2.12 Gateway Enhancements
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 1 2030 General Plan Goals and Policies Related to Aesthetic Resources 892

Page 2 of 35 ends

Chapter 5 Environmental Resources

Goal ICS‐‐‐3 Level of service “C” at designated intersections, unless otherwise reduced by City Council direction.

ICS‐‐‐3.2 Minimum Level of Service C and Exceptions

ICS‐‐‐3.3 New Development Level of Service C

Goal ER‐‐‐6 Protected and enhanced natural setting and scenic resources.

ER‐‐‐6.1 Incorporate Views in New Development

ER‐‐‐6.2 Protect and Enhance Major Scenic Resources
ER‐‐‐6.3 Preserve Views of Small Aesthetic Resources
ER‐‐‐6.4 Siting of Transmission Lines
ER‐‐‐6.5 Control of Lighting and Glare
Goal ER‐‐‐7 Improved aesthetic quality of major roadways and entrances.

ER‐‐‐7.1 Medians and Parkways
ER‐‐‐7.2 Design of Sound or Zone Walls

ER‐‐‐7.3 Design of Transportation Related Structures
Goal ER‐‐‐8 Protected coastal resources as a significant landscape feature to be experienced by residents and visitors.

ER‐‐‐8.1 Protect Shoreline
ER‐‐‐8.2 New Coastal Development

Goal ER‐‐‐9 Enhanced perceived character and quality of the City of Oxnard ER‐‐‐9.1 Enhance Historic Character

ER‐‐‐9.2 Enhance Neighborhood Diversity
ER‐‐‐9.3 Residential Street Lighting

ER‐‐‐9.4 Human Scale Development
Goal ER‐‐‐10 Enhanced landscape quality with an emphasis on landscape practices, management and plant species that are appropriate to Oxnard and its coastal climate.

ER‐‐‐10.1 Promote use of Native and Water Wise Plants
ER‐‐‐10.2 Develop Tree Management Program and Ordinance

ER‐‐‐10.3 Awareness Program of Importance of Trees
Goal ER‐‐‐13 Well managed extraction of mineral resources that protects the environment and surrounding land uses from adverse effects of extraction operations.

ER‐‐‐13.3 Compatibility with Existing Land Uses
Source: City of Oxnard 2030 General Plan Goals and Policies 2011a

893

Page 3 of 35 ends

Chapter 5 Environmental Resources

Goal CD‐‐‐6 Continued agriculture use within the Planning Area, Compatible with the community’s vision.

CD‐‐‐6.1 Agricultural Buffers

CD‐‐‐6.2 Agricultural Preservation
Goal ER‐‐‐1 Protection of natural and cultural resources, agriculture, and open spaces is well integrated with the built environment and human activities and achieves a symbiotic, mutually‐‐‐beneficial, sustainable relationship.

ER‐‐‐1.2 Protect Surrounding Agriculture and Open Space Goal ER‐‐‐12 A viable agricultural industry, maintained and enhanced soil resources, reduced erosion, and improved agricultural productivity.

ER‐‐‐12.1 Sustainable Agricultural Industry
ER‐‐‐12.2 Support County Initiatives

ER‐‐‐12.3 Agricultural Partnerships
ER‐‐‐12.4 Agricultural Economic Contribution

ER‐‐‐12.5 Soil Conservation and Transfer
ER‐‐‐12.6 Best Agricultural Practices

ER‐‐‐12.7 Conservation of Agricultural Open Space
ER‐‐‐12.8 Greenbelt Policies

ER‐‐‐12.9 Support Williamson Land Conservation Act Contracts ER‐‐‐12.10 Develop and Agriculture Processing and Support Strategic Plan

ER‐‐‐12.11 Urban / Agriculture Buffer Zones
ER‐‐‐12.12 Rerouting Roads and Utilities around Agricultural Areas

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 3 Community Development
Table 2 2030 General Plan Goals and Policies Related to Agricultural Land 894

Page 4 of 35 ends

Chapter 3 Community Development
Chapter 4 Infrastructure and Community Services

Goal SC‐‐‐3 Energy efficiency performance standards and generation from renewable sources.

SC‐‐‐3.1 New Residential Development

SC‐‐‐3.2 Develop a City Energy Action Plan
SC‐‐‐3.3 Develop a Community Energy Action Plan

SC‐‐‐3.4 Alternative Energy for Public Buildings
SC‐‐‐3.5 Load Shifting Devices

SC‐‐‐3.7 Renewable Energy Production Requirement
SC‐‐‐3.8 Require Use of Passive Energy Conservation Design

SC‐‐‐3.9 Promote Voluntary Incentive Programs
SC‐‐‐3.10 Alternatives to Power Plant Generation
SC‐‐‐3.11 Waste Conversion to Energy Facility
SC‐‐‐3.12 Encourage Natural Ventilation
Goal SC‐‐‐4 Implementation of the California Green Building Code.

SC‐‐‐4.1 Green Building Code Implementation
Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD ‐‐‐1.7 Compact Development
CD‐‐‐1.9 Commute Reduction

Goal CD‐‐‐5 Development of industrial uses in appropriate areas, assistance in the location of new industry, retention and expansion of existing industry, and maintenance of the City’s economic vitality.

CD‐‐‐5.2 Compatible Land Use

CD‐‐‐5.4 Environmentally Friendly and “Green” Industry CD‐‐‐5.5 “Green” Major Transportation Routes

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.5 Impact Mitigation

CD‐‐‐8.9 Jobs/Housing Balance & Sustainable Communities Strategy (SB 375) Goal ICS‐‐‐5 A passenger railroad system that serves the needs of the residents, visitors, and workers.

ICS‐‐‐5.1 Enhanced Passenger Rail Service
Chapter 2 Sustainable Community
Table 3 2030 General Plan Goals and Policies Related to Air Quality 895

Page 5 of 35 ends

Chapter 5 Environmental Resources

ICS‐‐‐5.2 Passenger Rail Service Expansion
ICS‐‐‐5.3 Sub Regional Transportation Centers

Goal ICS‐‐‐6 Public transit system that serves the needs of the residents and workers of Oxnard.

ICS‐‐‐6.1 Transit Facilities for New Developments

ICS‐‐‐6.6 Alternative Transit Options
Goal ICS‐‐‐7 Effective Transportation Demand Management (TDM) programs that help achieve air quality goals and minimize congestion.

ICS‐‐‐7.1 Require Transportation Demand Management Programs (TDM) ICS‐‐‐7.2 Reduce Single‐‐‐Occupancy Automobile Dependency

ICS‐‐‐7.3 Travel Patterns
ICS‐‐‐7.4 Park and Ride Lots

Goal ICS‐‐‐8 Safe bicycle and pedestrian circulation throughout the City.

ICS‐‐‐8.2 Bicycle Route Plan

ICS‐‐‐8.4 New Development Requires Bicycle Improvements ICS‐‐‐8.5 Public Sidewalks and Pedestrian Orientation

ICS‐‐‐8.11 Bicycle Parking and Storage
ICS‐‐‐8.13 Importance of Pedestrian and Bicycle Access in Site Planning Goal ICS‐‐‐
10 Improved and safe commercial air carrier services.

ICS‐‐‐10.3 Airport Operations Monitoring
Goal ICS‐‐‐
15 Managed development adjacent to closed landfill areas that mitigate health and safety hazards.

ICS‐‐‐15.2 Avoiding Sensitive Land Uses in Areas Adjacent to Landfills Goal ER‐‐‐14 Improved air quality and minimized adverse effects of air pollution on human health and the economy.

ER‐‐‐14.1 Incorporate Ventura County AQMP Mitigations
ER‐‐‐14.2 Transportation Demand Management (TDM)

ER‐‐‐14.3 Reducing Carbon Monoxide Exposure at Congested Intersections ER‐‐‐14.4 Emission Control Devices

ER‐‐‐14.5 Reducing Construction Impacts during Smog Season ER‐‐‐14.6 Minimizing Dust and Air Emissions through Permitting Requirements

ER‐‐‐14.7 Mitigation Monitoring
ER‐‐‐14.8 Regional Cooperation and SB 375

ER‐‐‐14.9 Participate in Regional Partnerships
896

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ER‐‐‐14.10 Consultation with Ventura County Air Pollution Control District ER‐‐‐14.11 Support Regional Attainment Plans

ER‐‐‐14.12 Use VCAPCD Air Quality Assessment Guidelines ER‐‐‐14.13 Co‐‐‐locate Ancillary Services

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 897

Page 7 of 35 ends

Chapter 5 Environmental Resources: Policies designed to protect and preserve unique wetlands, coastal, and ocean resources of the Planning Area

ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources ER‐‐‐2.2 Designation and Protection of Sensitive Habitat Areas

ER‐‐‐3.1 Preservation of Riparian Habitat
ER‐‐‐4.1 Encourage Protection of Sensitive Habitat

ER‐‐‐4.2 Limiting Activities in Sensitive Areas
ER‐‐‐4.3 Designation of Resource Protection Areas

ER‐‐‐4.4 Loss of Sensitive Habitats
ER‐‐‐4.5 Planning in Sensitive Areas

ER‐‐‐4.6 Resource Protection Zoning Policies
ER‐‐‐2.1 Restoration of Ormond Beach Wetlands

ER‐‐‐3.4 Reduce Impact on Harbor, Bay, and Ocean Water Ecology ER‐‐‐3.5 Reduce Construction Silt and Sediment

ER‐‐‐6.2 Protect and Enhance Major Scenic Resources
ER‐‐‐8.1 Protect Shoreline

ER‐‐‐8.2 New Coastal Development
ER‐‐‐8.3 Coastal Sand and Habitat Management

ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources ER‐‐‐1.2 Protect Surrounding Agricultural and Open Space ER‐‐‐2.3 Promote Areas for Open Space
ER‐‐‐2.4 Design Review Process
ER‐‐‐4.2 Limiting Activities in Sensitive Areas
ER‐‐‐6.6 New Development Private Open Space
ER‐‐‐12.1 Sustainable Agricultural Industry
ER‐‐‐12.5 Soil Conservation and Transfer
ER‐‐‐12.7 Conservation of Agricultural Open Space

ER‐‐‐12.8 Greenbelt Policies
ER‐‐‐12.11 Urban/Agricultural Buffer Zones

Chapter 5 Environmental Resources: Policies designed to protect agricultural and related open space resources of the Planning Area
Chapter 5 Environmental Resources: Policies designed to protect and preserve sensitive habitats (including those associated with the Santa Clara River) in the Planning Area Table 4 2030 General Plan Goals and Policies Related to Biological R esources 898

Page 8 of 35 ends

Chapter 5 Environmental Resources: Policies designed to mitigate the impact of development on key biological resources
ER‐‐‐12.12 Rerouting Roads and Utilities around Agricultural Areas ER‐‐‐2.2 Designation and Protection of Sensitive Habitat Areas

ER‐‐‐2.4 Design Review Process
ER‐‐‐3.1 Preservation of Riparian Habitat

ER‐‐‐3.2 Review of Development Proposals
ER‐‐‐3.3 Request Mitigation Measures from Other Agencies

ER‐‐‐3.4 Reduce Impact on Harbor, Bay, and Ocean Water Ecology ER‐‐‐3.5 Reduce Construction Silt and Sediment

ER‐‐‐4.5 Planning in Sensitive Areas
ER‐‐‐10.2 Develop Tree Management Program and Ordinance

Goal MC‐‐‐3 Mitigated and/or avoided encroachment associated with land uses and development.

MC‐‐‐3.3 Protect Mugu and Ormond Beach Wetlands

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 7 Military Compatibility
899

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CD‐‐‐3.1 Neighborhood Preservation
Goal CD‐‐‐7 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.4 Urban Village Design Guidelines
CD‐‐‐9.1 Neighborhood Identity

CD‐‐‐9.5 Unique Character Preservation
Goal CD‐‐‐11 Protected historic and authentic qualities of Oxnard’s traditional neighborhoods and historic districts.

CD‐‐‐11.1 Promote Existing Historic Areas
CD‐‐‐11.2 Historical District Expansion

CD‐‐‐11.3 Protect and Enhance Cultural Resources
CD‐‐‐11.4 Incorporate Historic Features

Goal ER‐‐‐1 Protection of natural and cultural resources, agriculture, and open spaces is well integrated with the built environment and human activities and achieves a symbiotic, mutually‐‐‐beneficial, sustainable relationship.

ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources Goal ER‐‐‐9 Enhanced perceived character and quality of the City of Oxnard.

ER‐‐‐9.2 Enhance Neighborhood Diversity
Goal ER‐‐‐11 Identification, protection, and enhancement of the City’s archaeological, historical, and paleontological resources.

ER‐‐‐11.1 Archaeological Resource Surveys
ER‐‐‐11.2 Mitigating the Impact of New Development on Cultural Resources ER‐‐‐11.3 Development Applicants to Conduct Research
ER‐‐‐11.4 Historic Preservation
ER‐‐‐11.5 State Historic Building Code for Adaptive Reuse ER‐‐‐11.6 Identification of Archaeological Resources
ER‐‐‐12.8 Historical Resource Inventory
Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 5 Environmental Resources
Chapter 3 Community Development
Table 5 2030 General Plan Goals and Policies Related to Cultural R esources 900

Page 10 of 35 ends

Goal SC‐‐‐3 Energy efficiency performance standards and generation from renewable sources.

SC‐‐‐3.7 Renewable Energy Production Requirement

SC‐‐‐3.9 Promote Voluntary Incentive Programs
SC‐‐‐3.10 Alternatives to Power Plan Generation

Goal SC‐‐‐4 Implementation of the California Green Building Code SC‐‐‐4.1 Green Building Code Implementation

CD‐‐‐5.3 Available Services
CD‐‐‐5.4 Environmentally Friendly and “Green” Industry

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.10 Timing of Large‐‐‐Scale Development

Goal CD‐‐‐16 Coordinated land use and infrastructure decisions with economic development.

CD‐‐‐16.4 Evaluate Fiscal Impacts
CD‐‐‐21.2 Modify non‐‐‐Coastal Dependent Energy Uses

Goal ICS‐‐‐1 Provision of adequate facilities and services that maintain service levels, with adequate funding.

ICS‐‐‐1.2 Development Impacts to Existing Infrastructure Goal ICS‐‐‐17 Adequate and efficient public utilities that meet the needs of residents of the City.

ICS‐‐‐17.5 Undergrounding of Utility Lines

Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Chapter 2 Sustainable Communities
Table 6 2030 General Plan Goals and Policies Related to Energy 901

Page 11 of 35 ends

ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources Goal ER‐‐‐9 Enhanced perceived character and quality of the City of Oxnard.

ER‐‐‐9.2 Enhance Neighborhood Diversity
Goal ER‐‐‐11 Identification, protection, and enhancement of the City’s archaeological, historical, and paleontological resources.

ER‐‐‐11.1 Archaeological Resource Surveys
ER‐‐‐11.3 Development Applicants to Conduct Research
ER‐‐‐11.4 Historic Preservation
ER‐‐‐11.6 Identification of Archaeological Resources
ER‐‐‐12.8 Historical Resource Inventory
Goal SH‐‐‐1 Minimal damage to structures, property, and infrastructure as a result of liquefaction and subsidence.

SH‐‐‐1.1 Minimize Liquefaction Risk

SH‐‐‐1.2 Minimize Subsidence Trends
SH‐‐‐1.3 Building Code Standards

SH‐‐‐1.4 Soil, Geologic, and Structural Evaluation Reports SH‐‐‐1.5 Required Geologic Reports

SH‐‐‐1.6 Liquefaction Report Waivers
SH‐‐‐1.7 Soil Investigations

SH‐‐‐1.8 Mitigating Seismic Hazards
SH‐‐‐1.9 Financial Assistance for Seismic Upgrades

Goal SH‐‐‐2 Preserved coastline and beaches and minimized beach erosion SH‐‐‐2.2 Dredging for Beach Sand Replenishment

Goal SH‐‐‐3 New development required to take necessary precautions prior to any construction to mitigate hazards and protect the health and safety of the inhabitants.

SH‐‐‐3.1 Location of New Development
Goal SH‐‐‐9 Oxnard Airport operations are at an acceptable risk and compatible with surrounding land uses and activities.

SH‐‐‐9.1 Airport Land Use Compatibility Plans
Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 6 Safety & Hazards
Chapter 5 Environmental Resources
Table 7 2030 General Plan Goals and Policies Related to Geology and Soils 902

Page 12 of 35 ends

Goal SC‐‐‐1 Supporting and Participating in Global Warming and Climate Change Adaptation analysis and programs.

SC‐‐‐1.1 Inventory and Monitor GHG Emissions

SC‐‐‐1.2 Support Statewide Global Warming and Climate Change Mitigation SC‐‐‐1.3 Develop a Climate Action and Adaptation Plan (CAAP) That Supports the Regional SB 375 Sustainable Communities Strategy

Goal SC‐‐‐2 Sea level rise is routinely considered relative to coastal areas and other City decisions, as relevant.

SC‐‐‐2.1 Sea‐‐‐Level Rise and Updating the Local Coastal Program

SC‐‐‐2.2 Sea Level Monitoring System
SC‐‐‐2.3 Sea Level Rise Consideration in Decision‐‐‐Making

SC‐‐‐2.4 Avoidance of Coastal Armoring or Hardening
Goal SC‐‐‐3 Energy efficiency performance standards and generation from renewable sources.

SC‐‐‐3.6 Targets for Zero‐‐‐Emission Vehicles
SC‐‐‐3.7 Renewable Energy Production Requirement

SC‐‐‐3.9 Promote Voluntary Incentive Programs
SC‐‐‐3.10 Alternatives to Power Plan Generation

Goal SC‐‐‐4 Implementation of the California Green Building Code SC‐‐‐4.1 Green Building Code Implementation

Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.2 Infill Development, Priority to Mixed Use

CD‐‐‐1.4 Transportation Choices
CD‐‐‐1.9 Commute Reduction

CD‐‐‐5.2 Compatible Land Use

CD‐‐‐7.1 Establishment of Urban Villages
Chapter 3 Community Development
Chapter 2 Sustainable Community
Table 8 2030 General Plan Goals and Policies Related to Greenhouse G as Emissions 903

Page 13 of 35 ends

CD‐‐‐7.4 Urban Village Design Guidelines
CD‐‐‐7.6 Connectivity

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.1 Limiting Development

CD‐‐‐8.5 Impact Mitigation
CD‐‐‐8.7 Community Balance

CD‐‐‐8.9 Jobs/Housing Balance & Sustainable Communities Strategy (SB 375) Goal CD‐‐‐10 Neighborhoods and urban villages with a distinct sense of place.

CD‐‐‐10.1 Human‐‐‐Scale Development
CD‐‐‐10.2 Neighborhood Themes

Goal CD‐‐‐21 An updated Local Coastal Program that includes the restoration of the Ormond Beach wetlands and consideration of climate change issues.

CD‐‐‐21.2 Modify non‐‐‐Coastal Dependent Energy Uses

ICS‐‐‐2.8 Intelligent Transportation Systems

ICS‐‐‐2.9 Coordinated Traffic Signal Timing with other Agencies ICS‐‐‐2.10 High Capacity Corridors

Goal ICS‐‐‐3 Level of service “C” at designated intersections, unless otherwise reduced by City Council direction.

ICS‐‐‐3.4 Roadway Design/101 Freeway Capacity

Goal ICS‐‐‐6 Public transit system that serves the needs of the residents and workers of Oxnard.

ICS‐‐‐6.1 Transit Facilities for New Developments

ICS‐‐‐6.2 Transit Service Provision
ICS‐‐‐6.3 Paratransit

ICS‐‐‐6.4 Private Bus Transportation
Goal ICS‐‐‐7 Effective Transportation Demand Management (TDM) programs that help achieve air quality goals and minimize congestion.

ICS‐‐‐7.1 Require Transportation Demand Management Programs (TDM) ICS‐‐‐7.2 Reduce Single‐‐‐Occupancy Automobile Dependency

ICS‐‐‐7.3 Travel Patterns
Goal ICS‐‐‐8 Safe bicycle and pedestrian circulation throughout the City.

ICS‐‐‐8.4 New Development Requires Bicycle Improvements Chapter 4 Infrastructure and Community Services
904

Page 14 of 35 ends

ICS‐‐‐8.5 Public Sidewalks and Pedestrian Orientation
ICS‐‐‐8.6 Americans with Disability Act (ADA) Handicap Requirements

ICS‐‐‐8.8 Educational Facilities
ICS‐‐‐8.9 Street Crossings

ICS‐‐‐8.12 Roadway Surfacing
Goal ICS‐‐‐
11 Water supply, quality, distribution, and storage adequate for existing and future development.

ICS‐‐‐11.6 Water Conservation and/or Recycling Connection as Mitigation ICS‐‐‐11.7 Water Wise Landscapes

ICS‐‐‐11.12 Water for Irrigation
Goal ICS‐‐‐
17 Adequate and efficient public utilities that meet the needs of residents of the City.

ICS‐‐‐17.3 Promoting Renewable Energy Production
Goal‐ICS‐21 High quality, well maintained school facilities for the residents of Oxnard

Goal ER‐‐‐14 Improved air quality and minimized adverse effects of air pollution on human health and the economy.

ER‐‐‐14.1 Incorporate Ventura County AQMP Mitigations

ER‐‐‐14.2 Transportation Demand Management (TDM)
ER‐‐‐14.3 Reducing Carbon Monoxide Exposure at Congested Intersections

ER‐‐‐14.4 Emission Control Devices
ER‐‐‐14.5 Reducing Construction Impacts during Smog Season

ER‐‐‐14.6 Minimizing Dust and Air Emissions through Permitting Requirements ER‐‐‐14.7 Mitigation Monitoring

ER‐‐‐14.8 Regional Cooperation and SB 375
ER‐‐‐14.9 Participate in Regional Partnerships

ER‐‐‐14.10 Consultation with Ventura County Air Pollution Control District ER‐‐‐14.11 Support Regional Attainment Plans

ER‐‐‐14.12 Use VCAPCD Air Quality Assessment Guidelines ER‐‐‐14.13 Co‐‐‐locate Ancillary Services

Goal SH‐‐‐8 Acceptable safety and environmental health risks associated with vehicular transit.

SH‐‐‐8.1 Planning Programs

Chapter 6 Safety & Hazards
Chapter 5 Environmental Resources
905

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CD‐‐‐1.12 Avoiding Encroaching the Oxnard Airport
Goal CD‐‐‐5 Development of industrial uses in appropriate areas, assistance in the location of new industry, retention and expansion of existing industry, and maintenance of the City’s economic vitality.

CD‐‐‐5.4 Environmentally Friendly and “Green” Industry

Goal ICS‐10 Improved and safe commercial air carrier services.

ICS‐‐‐10.2 Oxnard Airport Compatible Land Use
ICS‐‐‐10.3 Airport Operations Monitoring

Goal ICS‐‐‐15 Managed development adjacent to closed landfill areas that mitigate health and safety hazards.

ICS‐‐‐15.1 Environmental and Health Impacts of Closed Landfills

ICS‐‐‐15.2 Avoiding Sensitive Land Uses in Areas Adjacent to Landfills ICS‐‐‐15.3 Development Near Bailard Landfill

Goal ICS‐‐‐16 Residents and property protected from the use, transport, and disposal of hazardous materials.

ICS‐‐‐16.1 Underground Storage Program

ICS‐‐‐16.2 Hazardous Waste Audits
ICS‐‐‐16.3 Recycling of Hazardous Materials

Goal ICS‐‐‐21 High quality, well maintained school facilities for the residents of Oxnard.

ICS‐‐‐21.7 Buffer Areas Around Schools

Goal SH‐‐‐4 Emergency preparedness through the provision of adequate fire and police protection, infrastructure, emergency supply stockpiling, public education, EOC planning and procedures, and outreach programs.

SH‐‐‐4.4 Location of Private Emergency Response Facilities

SH‐‐‐4.6 Access and Evacuation Corridors
SH‐‐‐4.7 Infrastructure Homeland Security Programs

SH‐‐‐4.8 Hazard Awareness and Preparedness Education
SH‐‐‐5.6 Compatibility with Oxnard Airport
SH‐‐‐6.12 Development Near Railroads and Oxnard Airport Goal SH‐‐‐7 Minimized risk associated with the transport distribution, use, and storage of hazardous materials.

SH‐‐‐7.1 Hazardous Waste Minimization Audit Requirements Chapter 6 Safety & Hazards
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 9 2030 General Plan Goals and Policies Related to Hazards and Hazardous Materials
906

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SH‐‐‐7.2 Handling of Hazardous Materials

SH‐‐‐7.3 Designated Hazardous Materials Routes
SH‐‐‐7.4 Limiting High Risk Land Uses

SH‐‐‐7.5 Implementing the Ventura County Hazardous Waste Management Plan SH‐‐‐7.6 Attraction/Retention of Clean Industries

SH‐‐‐7.7 Increase Public Awareness

SH‐‐‐7.9 Sensitive Land Use Planning
SH‐‐‐7.10 Establishment of Hazardous Waste Facility

SH‐‐‐7.12 Hazardous Materials Studies
Source: City of Oxnard 2030 General Plan Goals and Policies 2011 907

Page 17 of 35 ends

CD‐‐‐5.3 Available Services

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.10 Timing of Large‐‐‐Scale Development

Goal CD‐‐‐16 Coordinated land use and infrastructure decisions with economic development.

CD‐‐‐16.4 Evaluate Fiscal Impacts

Goal ICS‐‐‐1 Provision of adequate facilities and services that maintain service levels, with adequate funding.

ICS‐‐‐1.1 Maintain Existing Service Levels

ICS‐‐‐1.2 Development Impacts to Existing Infrastructure ICS‐‐‐1.4 Infrastructure Conditions of Approval

Goal ICS‐‐‐11 Water supply, quality, distribution, and storage adequate for existing and future development.

ICS‐‐‐11.5 Sustainability of Groundwater Supply

ICS‐‐‐11.8 Channel Islands Harbor and Offshore Water Quality ICS‐‐‐11.9 Groundwater Extractions

ICS‐‐‐11.11 Water Quality
ICS‐‐‐11.13 Water Neutral Policy and Urban Water Management Plans

Goal ICS‐‐‐12 Adequate capacity at the City Waste Water Treatment Plant to accommodate existing and future development.

ICS‐‐‐12.3 Wastewater Discharge Monitoring

ICS‐‐‐12.4 Wastewater Discharge
ICS‐‐‐12.5 Sedimentation Control

Goal ICS‐‐‐13 Adequately sized storm drain systems and discharge treatment, certified levees, and implementation of appropriate National Pollutant Discharge Elimination System (NPDES) permits and regulations.

ICS‐‐‐13.1 100‐‐‐year Floodplain

ICS‐‐‐13.2 Adequate Storm Drains and NPDES Discharge Treatment ICS‐‐‐13.3 Stormwater Detention Basins

ICS‐‐‐13.4 Low Impact Development
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 10 2030 General Plan Goals and Policies Related to Hydrology and Water Quality 908

Page 18 of 35 ends

Chapter 6 Safety & Hazards

Goal ER‐‐‐5 Well managed water supply and wastewater treatment programs that together meet expected demand, prevent groundwater overdraft, and ensure water quality.

ER‐‐‐5.1 Wastewater Treatment

ER‐‐‐5.2 208 Wastewater Control Plan
ER‐‐‐5.3 Reducing Dependence of Groundwater

ER‐‐‐5.4 Wastewater Monitoring
ER‐‐‐5.6 208 Groundwater Plan

ER‐‐‐5.7 Minimizing Paved Surfaces
Goal SH‐‐‐1 Minimal damage to structures, property, and infrastructure as a result of liquefaction and subsidence.

SH‐‐‐1.2 Minimize Subsidence Trends
Goal SH‐‐‐3 New development required to take necessary precautions prior to any construction to mitigate hazards and protect the health and safety of the inhabitants.

SH‐‐‐3.1 Location of New Development
SH‐‐‐3.2 New Development Flood Mitigation
SH‐‐‐3.3 Updating Flood Insurance Rate Maps
SH‐‐‐3.4 Avoiding Blockage of Natural Drainage
Goal SH‐‐‐9 Oxnard Airport operations are at an acceptable risk and compatible with surrounding land uses and activities.

SH‐‐‐9.1 Airport Land Use Compatibility Plans

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 5 Environmental Resources
909

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Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.2 Infill Development, Priority to Mixed Use
CD‐‐‐1.3 Redevelopment to Mixed Use
CD‐‐‐1.4 Transportation Choices
CD‐‐‐1.5 Housing Variety
CD‐‐‐1.6 Public Facilities
CD‐‐‐1.7 Compact Development
CD‐‐‐1.8 Natural Resource Conservation
CD‐‐‐1.9 Commute Reduction
CD‐‐‐1.10 Jobs‐‐‐Housing Balance
CD‐‐‐1.12 Avoiding Encroaching the Oxnard Airport
Goal CD‐‐‐3 A city of stable, safe, attractive, and revitalized neighborhoods with adequate parks, schools, infrastructure, and community identity and pride.

CD‐‐‐3.1 Neighborhood Preservation
CD‐‐‐3.2 Encourage Planned Development Code Previsions for Revitalization CD‐‐‐3.3 Innovative Redevelopment
CD‐‐‐3.6 Barrier‐‐‐Free Housing and Reasonable Accommodation CD‐‐‐3.7 Senior In‐‐‐Place Housing Opportunities
Goal CD‐‐‐4 Commercial uses compatible with surrounding land uses to meet the present and future needs of Oxnard residents, employees, and visitors.

CD‐‐‐4.1 Mitigate Land Use Conflicts
CD‐‐‐4.2 Commercial Revitalization and Redevelopment
CD‐‐‐4.3 Urban Village Program and Height Overlay
CD‐‐‐4.4 Commercial Area Aesthetics
CD‐‐‐4.5 Commercial Signage
Goal CD‐‐‐5 Development of industrial uses in appropriate areas, assistance in the location of new industry, retention and expansion of existing industry, and maintenance of the City’s economic vitality.

CD‐‐‐5.1 Industrial Clustering
CD‐‐‐5.2 Compatible Land Use
CD‐‐‐5.3 Available Services
CD‐‐‐5.4 Environmentally Friendly and “Green” Industry Chapter 3 Community Development
Table 11 2030 General Plan Goals and Policies Related to Land Use and Planning 910

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Chapter 4 Infrastructure and Community Services

CD‐‐‐5.5 “Green” Major Transportation Routes
Goal CD‐‐‐6 Continued agriculture use within the Planning Area, compatible with the community’s vision.

CD‐‐‐6.1 Agricultural Buffers
CD‐‐‐6.2 Agricultural Preservation

Goal CD‐‐‐7 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.1 Establishment of Urban Villages

CD‐‐‐7.4 Urban Village Design Guidelines
Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.1 Limiting Development
CD‐‐‐8.2 Services

CD‐‐‐8.5 Impact Mitigation
CD‐‐‐8.7 Community Balance

CD‐‐‐8.8 Public Facility Service Areas
CD‐‐‐8.10 Timing of Large‐‐‐Scale Development

Goal CD‐‐‐10 Neighborhoods and urban villages with a distinct sense of place.

CD‐‐‐10.1 Human‐‐‐Scale Development

CD‐‐‐10.2 Neighborhood Themes

Goal ICS‐‐‐10 Improved and safe commercial air carrier services.

ICS‐‐‐10.2 Oxnard Airport Compatible Land Use

Goal ER‐‐‐3 Protected, restored, and enhanced of water‐‐‐related habitats and their associated plan and wildlife species.

ER‐‐‐3.1 Preservation of Riparian Habitat

ER‐‐‐3.2 Review of Development Proposals
ER‐‐‐3.3 Request Mitigation Measures from Other Agencies

Goal ER‐‐‐4 Protected, restored, and enhanced sensitive habitat areas.

ER‐‐‐4.1 Encourage Protection of Sensitive Habitat

ER‐‐‐4.4 Loss of Sensitive Habitats
ER‐‐‐4.5 Planning in Sensitive Areas

Goal MC‐‐‐2 Participation of NBVC personnel and their dependents and Oxnard government and Chapter 7 Military Compatibility
Chapter 5 Environmental Resources
911

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residents in planning and development decision‐‐‐making processes that may impact NBVC and/or, conversely, the City and its residents.

MC‐‐‐2.5 CEQA Notification

Goal MC‐‐‐3 Mitigated and/or avoided encroachment associated with land uses and development.

MC‐‐‐3.1 New Development to Protect Operations

MC‐‐‐3.2 Vertical Obstructions
MC‐‐‐3.4 Reference the Navy’s Military Influence Area Map

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 912

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ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources

Goal ER‐‐‐13 Well managed extraction of mineral resources that protects the environment and surrounding land uses from adverse effects of extraction operations.

ER‐‐‐13.1 Monitoring Mining Uses

ER‐‐‐13.2 Reclamation of Mineral Resources
ER‐‐‐13.3 Compatibility with Existing Land Uses
ER‐‐‐13.4 Limiting Special Production Techniques
Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 5 Environmental Resources
Table 12 2030 General Plan Goals and Policies Related to Mineral Resources 913

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Goal CD‐‐‐4 Commercial uses compatible with surrounding land uses to meet the present and future needs of Oxnard residents, employees and visitors.

CD‐‐‐4.1 Mitigate Land Use Conflicts

CD‐‐‐5.1 Industrial Clustering

CD‐‐‐5.2 Compatible Land Use
CD‐‐‐5.4 Environmentally Friendly and “Green” Industry

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.5 Impact Mitigation

Goal ICS‐‐‐10 Improved and safe commercial air carrier services.

ICS‐‐‐10.2 Oxnard Airport Compatible Land Use

Goal ER‐‐‐6 Protected and enhanced natural setting and scenic resources.

ER‐‐‐6.6 New Development Private Open Space

Goal SH‐‐‐5 A quiet and safe residential and working environment in terms of exposure to and/or generation of noise.

SH‐‐‐5.1 Noise Abatement Programs

SH‐‐‐5.2 State Noise Insulation Standards
SH‐‐‐5.3 Sound Attenuation Measures

SH‐‐‐5.4 Older Neighborhood Noise Mitigation
SH‐‐‐5.6 Compatibility with Oxnard Airport

SH‐‐‐5.7 Monitor Vehicular Exhaust Noise
Goal SH‐‐‐6 Consideration of noise levels and impacts in the land use planning and development process.

SH‐‐‐6.1 Construction Noise Control
SH‐‐‐6.2 Limiting Construction Activities

SH‐‐‐6.3 Buffering Sensitive Receptors
SH‐‐‐6.4 New Development Noise Compatibility

Chapter 6 Safety & Hazards
Chapter 5 Environmental Resources
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 13 2030 General Plan Goals and Policies Related to Noise 914

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Chapter 7 Military Compatibility

SH‐‐‐6.5 Land Use Compatibility with Noise
SH‐‐‐6.6 Locating Education Institutions to Avoid Noise Disruption

SH‐‐‐6.7 Peak Noise Evaluation along Truck Routes
SH‐‐‐6.8 Noise Contour Maps

SH‐‐‐6.9 Minimize Noise Exposure to Sensitive Receptors SH‐‐‐6.10 Point Mugu NAS (Naval Base, Ventura County at Point Mugu) Awareness

SH‐‐‐6.11 Exceptions to Noise Standards
SH‐‐‐6.12 Development Near Railroads and Oxnard Airport

SH‐‐‐6.13 Noise Acceptable for Open Windows and Patios Goal SH‐‐‐8 Acceptable safety and environmental health risks associated with vehicular transit.

SH‐‐‐8.3 New Roadways and Expanding Existing Streets

Goal MC‐‐‐2 Participation of NBVC personnel and their dependents and Oxnard government and residents in planning and development decision‐‐‐making processes that may impact NBVC and/or, conversely, the City and its residents.

MC‐‐‐2.3 Development Permitting Process

Goal MC‐‐‐3 Mitigated and/or avoided encroachment associated with land uses and development.

MC‐‐‐3.4 Reference the Navy’s Military Influence Area Map

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 915

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Chapter 4 Infrastructure and Community Service
Chapter 7 Military Compatibility

Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.5 Housing Variety

CD‐‐‐1.10 Jobs‐‐‐Housing Balance
Goal CD‐‐‐3 A city of stable, safe, attractive, and revitalized neighborhoods with adequate parks, schools, infrastructure, and community identity and pride.

CD‐‐‐3.1 Neighborhood Preservation
CD‐‐‐3.2 Encourage Planned Development Code Provisions for Revitalization

CD‐‐‐3.3 Innovative Redevelopment
Goal CD‐‐‐4 Commercial uses compatible with surrounding land uses to meet the present and future needs of Oxnard residents, employees, and visitors.

CD‐‐‐4.2 Commercial Revitalization and Redevelopment
Goal CD‐‐‐5 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.1 Establishment of Urban Villages
CD‐‐‐7.4 Urban Village Design Guidelines

Goal CD‐‐‐9 A high quality visual image and perception of the City.

CD‐‐‐9.1 Neighborhood Identity

CD‐‐‐9.6 High Rise Development

Goal ICS‐‐‐21 High quality, well maintained school facilities for the residents of Oxnard.

ICS‐‐‐21.1 Accommodating City Growth

ICS‐‐‐21.2 Development Fees
ICS‐‐‐21.3 Siting of Schools

ICS‐‐‐21.4 Mitigation of Impacts
ICS‐‐‐21.5 Expansion of Existing Facilities

ICS‐‐‐21.6 Monitor Enrollment Needs

Goal MC‐‐‐4 Continued active status for NBVC should another Base Closure and Realignment Commission (BRAC) be established.

MC‐‐‐4.4 Affordable Housing

Note: See Chapter 8 of the 2030 Oxnard General Plan for the Housing Element, including applicable goals and policies.

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 3 Community Development
Table 14 2030 General Plan Goals and Policies Related to P opulation and Housing 916

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Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.6 Public Facilities

CD‐‐‐1.8 Natural Resource Conservation
CD‐‐‐1.11 Recreation Opportunities

Goal CD‐‐‐3 A city of stable, safe, attractive, and revitalized neighborhoods with adequate parks, schools, infrastructure, and community identity and pride.

Goal CD‐‐‐4 Commercial uses compatible with surrounding land uses to meet the present and future needs of Oxnard residents, employees, and visitors.

CD‐‐‐4.1 Mitigate Land Use Conflicts

Goal CD‐‐‐7 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.12 Urban Village Collocation with Schools

CD‐‐‐7.13 Urban Village Trial and Open Space Connections Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.2 Services
CD‐‐‐8.8 Public Facility Service Areas

Goal CD‐‐‐15 A strong economic and fiscal base critical to sustaining long‐‐‐term prosperity for Oxnard residents and businesses.

CD‐‐‐15.1 Quality of Life

Goal ICS‐‐‐1 Provision of adequate facilities and services that maintain service levels, with adequate funding.

ICS‐‐‐1.1 Maintain Existing Service Levels

ICS‐‐‐1.2 Development Impacts to Existing Infrastructure ICS‐‐‐1.3 Funding for Public Facilities

ICS‐‐‐1.4 Infrastructure Conditions of Approval
Goal ICS‐‐‐13 Adequately sized storm drain systems and discharge treatment, certified levees, and implementation of appropriate National Pollutant Discharge Elimination System (NPDES) permits and regulations.

ICS‐‐‐13.1 100‐‐‐year Floodplain
ICS‐‐‐13.3 Stormwater Detention Basins

Goal ICS‐‐‐19 Adequate and effective law enforcement and the incorporation of crime prevention features in developments.

ICS‐‐‐19.1 Additional and/or Enlarged Police Facilities

Chapter 4 Infrastructure and Community Service
Chapter 3 Community Development
Table 15 2030 General Plan Goals and Policies Related to Public Services and Recreation
917

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ICS‐‐‐19.2 Police Review of Development Projects
ICS‐‐‐19.4 Crime Prevention Device Requirements
ICS‐‐‐19.5 Incorporating Security Design Principles
ICS‐‐‐19.7 New Development
ICS‐‐‐19.8 Response Time
Goal ICS‐‐‐20 Protected public through effective fire prevention services and the incorporation of fire safety features in new development.

ICS‐‐‐20.1 Fire Response Time
ICS‐‐‐20.2 Provision of Fire Station Facilities and Equipment ICS‐‐‐20.3 Commercial and Industrial Sprinkler Requirements ICS‐‐‐20.4 Fire Prevention Mitigation Fee
ICS‐‐‐20.5 Fire Services to New Development
ICS‐‐‐20.7 Adherence to City Standards

ICS‐‐‐20.8 Development Review
Goal ICS‐‐‐21 High quality, well maintained school facilities for the residents of Oxnard.

ICS‐‐‐21.1 Accommodating City Growth

ICS‐‐‐21.2 Development Fees
ICS‐‐‐21.3 Siting of Schools

ICS‐‐‐21.4 Mitigation of Impacts
ICS‐‐‐21.5 Expansion of Existing Facilities

ICS‐‐‐21.6 Monitor Enrollment Needs
Goal ICS‐‐‐22 A full service, high quality public library system.

ICS‐‐‐22.3 Expansion of Library Services
Goal ICS‐‐‐23 A full range of recreational facilities and services accessible to all Oxnard residents, workers, and visitors.

ICS‐‐‐23.1 City Park and Recreation Standards
ICS‐‐‐23.3 Identifying Additional Parklands
ICS‐‐‐23.4 Collocation of Parks and Schools
ICS‐‐‐23.8 Buffering Neighborhood Parks
ICS‐‐‐23.9 Regional Park Accessibility
ICS‐‐‐23.10 Park Siting and Design to Maximize Security

Goal ICS‐‐‐24 Optimized public investment in parks and recreation by reduced costs and funding alternatives.

ICS‐‐‐24.3 Review Quimby Fee Formula

Goal ER‐‐‐2 Maintenance and enhancement of natural resources and open space.

Chapter 5 Environmental Resources
918

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ER‐‐‐2.3 Promote Areas for Open Space

Goal ER‐‐‐4 Protected, restored, and enhanced sensitive habitat areas.

ER‐‐‐4.2 Limiting Activities in Sensitive Areas

Goal ER‐‐‐12 A viable agricultural industry, maintained and enhanced soil resources, reduced erosion, and improved agricultural productivity.

ER‐‐‐12.11 Urban/Agricultural Buffer Zones

Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 6 Safety & Hazards
919

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Goal SC‐‐‐1 Supporting and Participating in Global Warming and Climate Change Adaptation analysis and programs.

SC‐‐‐1.3 Develop a Climate Action and Adaptation Plan (CAAP) That Supports the Regional SB 375 Sustainable Communities Strategy

Goal SC‐‐‐3 Energy efficiency performance standards and generation from renewable sources.

SC‐‐‐3.6 Targets for Zero‐‐‐Emission Vehicles

Goal CD‐‐‐1 A balanced community consisting of residential, commercial, and employment uses consistent with the character, capacity, and vision of the City.

CD‐‐‐1.4 Transportation Choices
CD‐‐‐1.9 Commute Reduction

CD‐‐‐5.3 Available Services
CD‐‐‐5.4 Environmentally Friendly and “Green” Industry

CD‐‐‐5.5 “Green” Major Transportation Routes
Goal CD‐‐‐7 Development of vibrant mixed‐‐‐use urban villages characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

CD‐‐‐7.4 Urban Village Design Guidelines
CD‐‐‐7.5 Pedestrian and Transit Scale

CD‐‐‐7.6 Connectivity
CD‐‐‐7.7 Urban Village Streetscapes and Identification

CD‐‐‐7.8 Road Design
Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.1 Limiting Development
CD‐‐‐8.5 Impact Mitigation
CD‐‐‐8.7 Community Balance

CD‐‐‐8.9 Jobs/Housing Balance & Sustainable Communities Strategy (SB 375)

Goal ICS‐‐‐1 Provision of adequate facilities and services that maintain service levels, with adequate funding.

ICS‐‐‐1.1 Maintain Existing Service Levels

Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Chapter 2 Sustainable Communities
Table 16 2030 General Plan Goals and Policies Related to Transportation 920

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ICS‐‐‐1.2 Development Impacts to Existing Infrastructure ICS‐‐‐1.3 Funding for Public Facilities

ICS‐‐‐1.4 Infrastructure Conditions of Approval

ICS‐‐‐2.1 Coordinate with Regional Transportation Planning ICS‐‐‐2.2 Improved Port of Hueneme Access
ICS‐‐‐2.8 Intelligent Transportation Systems
ICS‐‐‐2.9 Coordinated Traffic Signal Timing with other Agencies ICS‐‐‐2.10 High Capacity Corridors
ICS02.12 Gateway Enhancements
ICS‐‐‐3.4 Roadway Design/101 Freeway Capacity
ICS‐‐‐3.8 2030 Circulation System Diagram
Goal ICS‐‐‐4 A functional and balanced goods movement system that provides timely and efficient transport of goods generated by the Port of Hueneme and agricultural, industrial, and commercial areas.

ICS‐‐‐4.5 Loading and Unloading
ICS‐‐‐4.8 Freight Railroad Right of Way for Other Uses Goal ICS‐‐‐5 A passenger railroad system that serves the needs of the residents, visitors, and workers.

ICS‐‐‐5.2 Passenger Rail Service Expansion
ICS‐‐‐5.3 Sub Regional Transportation Centers
Goal ICS‐‐‐6 Public transit system that serves the needs of the residents and workers of Oxnard.

ICS‐‐‐6.1 Transit Facilities for New Developments
Goal ICS‐‐‐7 Effective Transportation Demand Management (TDM) programs that help achieve air quality goals and minimize congestion.

ICS‐‐‐7.3 Travel Patterns
Goal ICS‐‐‐8 Safe bicycle and pedestrian circulation throughout the City.

ICS‐‐‐8.1 Improved Bicycle and Pedestrian Safety
ICS‐‐‐8.3 Completing Bicycle and Sidewalk Network
ICS‐‐‐8.4 New Development Requires Bicycle Improvements ICS‐‐‐8.5 Public Sidewalks and Pedestrian Orientation
ICS‐‐‐8.6 Americans with Disability Act (ADA) Handicap Requirements ICS‐‐‐8.7 Downtown and Beach Area Bicycle Accessibility ICS‐‐‐8.8 Educational Facilities
ICS‐‐‐8.9 Street Crossings
ICS‐‐‐8.10 Coastal Trail Development
ICS‐‐‐8.11 Bicycle Parking and Storage
921

Page 31 of 35 ends

ICS‐‐‐2.5 Mitigated Impacts on County Roads
ICS‐‐‐2.6 Reduction of Construction Impacts
ICS‐‐‐2.7 Consistent Roadway Signage
ICS‐‐‐8.12 Roadway Surfacing
ICS‐‐‐8.13 Importance of Pedestrian and Bicycle Access in Site Planning

ICS‐‐‐8.14 Connecting Facilities
Goal ICS‐‐‐9 Adequate parking and loading facilities to support residential and commercial parking needs.

ICS‐‐‐9.1 Beach and Coastal Parking
ICS‐‐‐9.2 Development Adequate Parking

Goal ICS‐‐‐10 Improved and safe commercial air carrier services.

Goal ICS‐‐‐20 Protected public through effective fire protection services and the incorporation of fire safety features in new development.

ICS‐‐‐20.10 Adequate Emergency Access and Routes

SH‐‐‐4.6 Access and Evacuation Corridors

Goal SH‐‐‐8 Acceptable safety and environmental health risks associated with vehicular transit.

SH‐‐‐8.2 Reducing Speed on Neighborhood Streets

SH‐‐‐8.3 New Roadways and Expanding Existing Streets
Goal SH‐‐‐9 Oxnard Airport operations are at an acceptable risk and compatible with surrounding land uses and activities.

SH‐‐‐9.1 Airport Land Use Compatibility Plans
Source: City of Oxnard 2030 General Plan Goals and Policies 2011

Chapter 6 Safety & Hazards
922

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CD‐‐‐11.3 Protect and Enhance Cultural Resources
CD‐‐‐11.4 Incorporate Historic Features

ER‐‐‐1.1 Protect Oxnard’s Natural and Cultural Resources Goal ER‐‐‐11 Identification, protection, and enhancement of the City’s archaeological, historical, and paleontological resources.

ER‐‐‐11.1 Archaeological Resource Surveys
ER‐‐‐11.2 Mitigating the Impact of New Development on Cultural Resources ER‐‐‐11.3 Development Applicants to Conduct Research
ER‐‐‐11.4 Historic Preservation
ER‐‐‐11.6 Identification of Archaeological Resources
ER‐‐‐11.7 Native American Remains
ER‐‐‐12.8 Historical Resource Inventory Source: City of Oxnard 203

Chapter 5 Environmental Resources
Chapter 3 Community Development
Table 17 2030 General Plan Goals and Policies Related to Trib al Cultural Resources 923

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CD‐‐‐5.3 Available Services

Goal CD‐‐‐8 Sensible urban development and redevelopment based on the City’s ability to provide necessary governmental services and municipal utilities.

CD‐‐‐8.10 Timing of Large‐‐‐Scale Development

Goal CD‐‐‐16 Coordinated land use and infrastructure decisions with economic development.

CD‐‐‐16.4 Evaluate Fiscal Impacts

Goal ICS‐‐‐1 Provision of adequate facilities and services that maintain service levels, with adequate funding.

ICS‐‐‐1.2 Development Impacts to Existing Infrastructure

Goal ICS‐‐‐11 Water supply, quality, distribution, and storage adequate for existing and future development.

ICS‐‐‐11.3 GREAT Program Implementation

ICS‐‐‐11.6 Water Conservation and/or Recycling Connection as Mitigation ICS‐‐‐11.7 Water Wise Landscapes

ICS‐‐‐11.10 Water Supply Finding for Smaller Projects
ICS‐‐‐11.12 Water for Irrigation

ICS‐‐‐11.13 Water Neutral Policy and Urban Water Management Plans Goal ICS‐‐‐12 Adequate capacity at the City Waste Water Treatment Plant to accommodate existing and future development.

ICS‐‐‐12.1 Water Recycling and Resource Recovery
ICS‐‐‐12.3 Wastewater Discharge Monitoring

ICS‐‐‐12.4 Wastewater Discharge
ICS‐‐‐12.5 Sedimentation Control

ICS‐‐‐12.6 Timing of Future Development
Goal ICS‐‐‐14 Reduced solid waste and increased recycling.

ICS‐‐‐14.1 Waste Reduction
ICS‐‐‐14.2 Use of Recycled Materials

ICS‐‐‐14.3 New Development Requirements
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 18 2030 Gene ral Plan Goals and Policies Related to Utilities and Service Systems
924

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Chapter 5 Environmental Resources
Goal ICS‐‐‐15 Managed development adjacent to closed landfill areas that mitigate health and safety hazards.

ICS‐‐‐15.1 Environmental and Health Impacts of Closed Landfills

ICS‐‐‐15.2 Avoiding Sensitive Land Uses in Areas Adjacent to Landfills Goal ICS‐‐‐17 Adequate and efficient public utilities that meet the needs of residents of the City.

ICS‐‐‐17.5 Undergrounding of Utility Lines

Goal ER‐‐‐5 Well managed water supply and wastewater treatment programs that together meet expected demand, prevent groundwater overdraft, and ensure water quality.

ER‐‐‐5.1 Wastewater Treatment

ER‐‐‐5.3 Reducing Dependence on Groundwater
Source: City of Oxnard 2030 General Plan Goals and Policies 2011

925

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Goal ICS‐‐‐21 High quality, well maintained school facilities for the residents of Oxnard.

ICS‐‐‐21.7 Buffer Areas Around Schools

SH‐‐‐4.4 Location of Private Emergency Response Facilities

SH‐‐‐4.6 Access and Evacuation Corridors
SH‐‐‐4.7 Infrastructure Homeland Security Programs

SH‐‐‐4.8 Hazard Awareness and Preparedness Education
SH‐‐‐7.9 Sensitive Land Use Planning
SH‐‐‐7.10 Establishment of Hazardous Waste Facility

SH‐‐‐7.12 Hazardous Materials Studies
Source: City of Oxnard 2030 General Plan Goals and Policies 2011 Chapter 6 Safety & Hazards
Chapter 4 Infrastructure and Community Services
Chapter 3 Community Development
Table 19 2030 General Plan Goals and Policies Related to Wildfire 926

Attachment C
SB743 VMT Implementation in Oxnard Memorandum
Methods and Approach Only

927
600 Wilshire Boulevard | Suite 1050 | Los Angeles, CA 90017 | (213) 261-3050 | Fax (310) 394-7663 www.fehrandpeers.com
Memorandum
Date: July 17, 2024
To: Kathleen Mallory, City of Oxnard Community Development Department From: John Muggridge & Nico Boyd, Fehr & Peers
Subject: SB 743 Implementation in Oxnard
LA21-3261
This memorandum summarizes the process that has been undertaken to study Senate Bill (SB) 743 implementation options for the City of Oxnard. The sections below provide contextual information about SB 743 and describe the development of recommendations for the City’s vehicle miles traveled (VMT) metrics, proposed project screening criteria, and thresholds of significance.

Executive Summary
SB 743, signed in 2013, required changes to the way transportation studies are conducted in California Environmental Quality Act (CEQA) documents. Under SB 743, lead agencies are required to assess changes in VMT rather than motorist delay and level of service (LOS) as the metric for CEQA impact determination. VMT is defined as the product of the number of daily trips generated by a new development and the distance those trips travel to their destinations. SB 743 does not prevent a city from continuing to analyze LOS as part of development review, General Plan conformance, or on-going network monitoring, but LOS will no longer constitute the basis for assessing CEQA impacts. Accordingly, the City must adopt a methodology for assessing VMT for development review within the City.

The most typical analytical approach recommended by the Governor’s Office of Planning and Research (OPR) for estimating VMT is to use the travel demand forecasting model for a region.

The regional Ventura County Transportation Model (VCTM), maintained by the Ventura County Transportation Commission (VCTC), is currently the best available tool to estimate VMT in the City of Oxnard and the surrounding region. For the City of Oxnard, the OPR recommended VMT methodology includes all trips within the VCTM model for the following metrics: Total VMT per Service Population (all vehicles and all trip purposes), Home-Based VMT per Capita (for residential development projects), and Home-Based Work VMT per employee (for commercial development projects).
928
Kathleen Mallory
July 17, 2024

Page 2 of 15 ends

VMT data was extracted from the VCTM model’s Base Year 2016 and Future Year 2040 scenarios and interpolated to estimate 2024 conditions (Table 1 of this report). Based on the VMT estimates for the City and Ventura County, Total VMT per Service Population, Home-Based VMT per Capita, and Home-Based Work VMT per employee are all lower in Oxnard compared to Ventura County.

This means that residential, office, and commercial development in the City is less impactful on VMT than if it occurs elsewhere in Ventura County. Given this finding, the current recommendation is that Existing VMT be defined as the average VMT for Ventura County. This means that new development projects in the City will be compared to the Existing VMT in Ventura County to determine if they exceed the City’s VMT impact threshold.

OPR has provided guidance related to several opportunities for screening projects from requiring a detailed VMT analysis. This includes considerations regarding project size, locally serving retail, location within a low VMT area, proximity to transit, transportation improvements that promote non-auto travel, or if a project provides affordable housing. Screening opportunities in the City of Oxnard are summarized in Table 2 of this report.

Introduction
What is SB 743?
On September 27, 2013, Governor Jerry Brown signed SB 743 into law. The primary purpose of SB 743 was to eliminate intersection LOS (a measure of vehicular capacity and traffic delay) as a basis for determining significant transportation impacts under CEQA. The law directed OPR to update the CEQA Guidelines to include new performance criteria for determining the significance of transportation impacts.

In response to SB 743, OPR selected VMT as the new transportation impact metric. OPR then submitted updates to the CEQA Guidelines, and these updates were certified by the California Natural Resources Agency in December 2018. Lead agencies were granted a grace period until July 1, 2020 to implement a VMT analysis as part of their environmental review process.

To help aid lead agencies with SB 743 implementation, OPR produced a Technical Advisory.1 The Technical Advisory helps lead agencies think about the variety of implementation questions they face with respect to shifting from an LOS to a VMT metric. However, lead agencies must still make their own specific decisions about VMT methodology, thresholds, and mitigation. These decisions should be consistent with the City’s goals as expressed in their General Plan. 1 Technical Advisory on Evaluating Transportation Impacts in CEQA, OPR, December 2018 http://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf 929
Kathleen Mallory
July 17, 2024

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What is VMT?
VMT is simply the number of miles driven by a vehicle, typically the total on an average day. The total VMT for a day would include all trips made by a driver in a vehicle. For example, a resident may drive to their job, drive to lunch, drive back to their office, and drive home at the end of the day. Adding all of the miles together for the day would be the daily VMT for that driver.

VMT impact analysis consistent with SB 743 ultimately compares the estimated VMT of a project with the average VMT for a broader geographic area (such as a city, county, subregion, or region), and if a project has average VMT that is lower than the region, it may not be considered to have a significant transportation impact.

Which Projects are Affected by SB 743?
Two types of projects, land use development projects and transportation infrastructure projects, are affected by SB 743:
• Land Use – Development projects and area plans (e.g., General Plan or Housing Element) will continue to require a transportation impact analysis. However, transportation impact studies conducted as part of the CEQA process will now be required to base project impacts on VMT.
• Transportation Infrastructure – Prior to SB 743, transportation projects that had the potential to worsen vehicle delay, such as narrowing a roadway to provide bicycle lanes, may result in an environmental impact under CEQA. With SB 743 in place, transportation projects that promote travel by non-auto modes are no longer considered to result in an environmental impact. Roadway widening projects need to consider potential impacts from increasing VMT.

Can Oxnard Still Consider LOS?
Yes. SB 743 does not prevent a city from continuing to utilize LOS as part of development review, General Plan conformance, or on-going network monitoring, but LOS will no longer constitute the basis for determining CEQA impacts. Cities can still use vehicle LOS outside of the CEQA process if they determine it is an important part of their transportation analysis process or needed for a determination of General Plan compliance.

What Decisions Does the City Need to Make to Implement SB 743? In order to update the City’s approach to transportation analysis under CEQA, several decisions will need to be made. As the lead agency for CEQA analysis, the City Council has discretion to make decisions regarding how VMT is evaluated in Oxnard through the following four decision points.

Each decision point is summarized briefly below and discussed in more detail in the following sections.
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• VMT Analysis Methodology / Tools – While a variety of approaches are available, using a regionally adopted travel demand forecasting model is the typical approach. • Existing VMT Metrics – Existing VMT metrics are the average VMT per capita or per employee that a project would be compared to in order to determine whether or not the project would be expected to have a significant impact. The City has the flexibility to choose the geographic area that a project would be compared to, such as the City, the County, or a sub-regional or regional area. This memorandum summarizes the different geographic area options that have been explored for developing this Existing VMT metric as well as the recommended area based on the analytical findings.
• Screening Criteria – While the OPR Technical Advisory recommends several criteria for determining whether a project should be subject to a VMT impact analysis, the City could consider alternatives to or choose not to adopt screening criteria. Several screening criteria options are described in this memorandum.
• Thresholds of Significance – The percentage difference between a project’s VMT and the Existing VMT determines whether a project would have a significant transportation impact under CEQA. OPR recommends that a project should generate less VMT than the Existing VMT in order to avoid a significant impact and recommends a threshold of at least 15% less VMT per capita or per employee compared with the Existing VMT in order to avoid a significant transportation impact. However, the City could choose to implement a stricter threshold.

VMT Analysis Methodology
Tools
OPR’s Technical Advisory details various approaches and tools to estimate VMT, but the most typical analytical tool is to use the travel demand forecasting model for a region. The regional VCTM, maintained by VCTC, is currently the best available tool to estimate VMT in the City of Oxnard and the surrounding region. The most recent version of the VCTM uses a base year of 2016 and a horizon year of 2040. Should the City develop its own travel demand model, this can also be used to determine VMT.

VMT Methodology for Land Use Projects and Plans
Based on input from Fehr & Peers, City staff determine that an origin-destination (OD) VMT methodology would be the appropriate methodology for estimating the VMT of land use projects and plans as guided by SB 743 legislation. The OD VMT method estimates the VMT generated by land uses in a specific geographic area, such as the City or a larger geographic area such as Ventura County. All vehicles traveling to/from the defined geographic area are tracked within the VCTM model and the number of trips and length of trips are used to calculate the OD VMT. 931
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For the City of Oxnard, the VMT methodology includes all trips within the VCTM model for each of the following variable formats:
• Total VMT per Service Population (all vehicles and all trip purposes): The total VMT to and from all zones in the geographic area are divided by the total service population (employees + residents) to get the efficiency metric of VMT per service population. • Home-Based VMT per capita (automobile only): All Home-Based auto vehicle trips are traced back to the residence of the trip-maker (Non-Home-Based trips are excluded) and then divided by the population within the geographic area to get the efficiency metric of Home-Based VMT per capita.
• Home-Based work VMT per employee (automobile only): All auto vehicle trips between home and work are counted, and then divided by the number of employees within the geographic area to get the efficiency metric of Home-Based Work VMT per employee.

VMT Methodology for Transportation Projects and Plans
The VMT methodology for transportation projects is based on the net change in total VMT. The VCTM model is used to estimate the Existing VMT within the City and then forecast the change in VMT with the project in operation. The VMT will be calculated based on the boundary method which considers all travel on roadways in the study area, including vehicles that are traveling on the roadways but don’t have an origin or destination in the area (i.e., pass-through or external trips).

The VMT for transportation projects is calculated as defined below. • Total Roadway VMT (all vehicles): The total daily VMT can be measured using the VCTM model by multiplying the daily volume on every roadway segment by the length of every roadway segment.

In addition to VMT changes forecasted by the VCTM model, induced travel demand resulting from increasing roadway capacity (e.g., widening roadways with additional lanes) should be considered.

VMT Analysis Process
For projects that do not meet any of the screening criteria described below, a VMT analysis would be required. The VMT analysis would rely on the best available data to inform trip generation and trip length estimates for the project uses. For land use plans (e.g., Specific Plan or General Plan) and projects consisting of residential, office, and retail land uses, the VMT analysis can be conducted using the VCTM model. For other project types, such as a special event venue, the VMT analysis should be customized to determine the unique trip generation and trip length characteristics of the proposed uses. Appendix A presents a flowchart that describes the steps involved in the analysis process.
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As required under current practice, the VMT analysis should consider the potential impacts of the project under both existing and future/cumulative conditions as follows:
• Existing Conditions: Project-generated VMT should be estimated for the proposed land uses under existing conditions. VMT can be estimated using the VCTM model and should be reported as VMT per capita (residential projects), VMT per employee (office, industrial, or employment-generating projects), or VMT per service population (all other land uses).

For land use plans, VMT per service population or Total VMT can be used to determine potential impacts.
• Cumulative Conditions: A less than significant impact under Existing conditions would also result in a less than significant cumulative impact as long as the project is consistent with the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy(RTP/SCS).

In some cases, the Project-effect on VMT should be estimated under cumulative conditions to determine if VMT in the study area would be higher/lower in the future with the project in place.

This analysis would be applicable to large planning efforts that may result in changes to regional travel patterns. To evaluate the project’s effect on VMT, the future year travel demand model should be updated to reflect the project and determine if the Citywide VMT increases or not with the project.

Existing VMT Metrics
To understand the VMT trends in the City of Oxnard and the broader area, the VCTM model was used to estimate the Existing VMT metrics. The Existing VMT metrics were developed for Ventura County and the City of Oxnard. The VMT data was based on the Transportation Analysis Zones (TAZs)2 in both of these areas for the VCTM model’s Base Year 2016 and Future Year 2040 conditions and interpolated to estimate 2024 conditions (when analyzing development projects, the Existing VMT would be estimated for the Notice of Preparation (NOP) year for the project). Table 1 presents VMT estimates for the City and Ventura County. As shown, Total VMT per Service Population, Home-Based VMT per Capita for residential development, and Home-Based Work VMT per employee are all lower in Oxnard compared to Ventura County. This is likely driven by the fact that people who live in Oxnard generally don’t have to travel as far for commute or non - commute trips compared to the broader geography of Ventura County.

2 Transportation Analysis Zones are geographic polygons similar to Census block groups used to represent areas of homogenous travel behavior in the SCAG Model.
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Table 1. VMT Metrics in Oxnard and Ventura County
VMT Metrics 2016 2024 2040
Total VMT
Per Service Population
Ventura County 27.3 26.7 25.7
Oxnard 20.8 20.4 19.8
Home-Based VMT Per
Capita
(Residential)
Ventura County 16.5 17.1 18.1
Oxnard 14.8 15.4 16.3
Home-Based Work
VMT Per employee
(Employment)
Ventura County 16.3 14.7 12.0
Oxnard 11.3 9.9 7.5
Given that the City of Oxnard produces less VMT than the broader geography of Ventura County, this means that residential, office, and commercial development in the City is less impactful on VMT than if it occurs elsewhere in Ventura County. Given this finding, the current recommendation is that Existing VMT be defined as the average VMT for Ventura County. This means that new development projects in the City will be compared to the Existing VMT in Ventura County to determine if they exceed the City’s VMT impact threshold, described in greater detail below.

VMT Screening Criteria
VMT is heavily dependent on land use and location. For example, a development site located in an urban area will have lower VMT because people have more options to walk, bike, and take transit or drive short distances to nearby destinations in comparison to a suburban development where most people drive longer distances for their everyday work and household needs. Therefore, OPR has provided guidance related to several opportunities for screening projects from requiring a detailed VMT analysis. Screening opportunities in the City of Oxnard are described below.

Table 2 provides a summary of VMT screening criteria for projects in the City of Oxnard.

Screening categories are described further after the table. A project only needs to satisfy the screening criteria for one of the screening categories to be exempt from requiring further VMT analysis.
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Table 2. VMT Screening Criteria
Screening Criteria Project Requirements to Meet Screening Criteria Project Size A residential or office project that generates 110 or fewer daily trips.

Locally Serving Project
A project that has locally serving retail uses that are 50,000 square feet or less.

Locally serving retail is retail development that generally improves the convenience of shopping close to home, such as specialty retail, shopping center, grocery store, pharmacy, day care centers, financial services/banks, fitness center or health club, restaurant, and café. This screening criteria may also include locally serving uses such as locally serving assembly uses (places of worship and community organizations) and locally serving community institutions such as K-12 schools, public libraries, fire stations, local government, local parks and similar uses. For non-retail uses that are local serving, evidence should be provided to City staff to substantiate the local serving nature of a project. If the project contains other land uses such as housing or larger retail centers, those uses need to be considered under one of the other screening criteria below.

Project Located in a Low
VMT Area
A residential or office project that is located in an area that is already 15% below the Ventura County Existing VMT (See VMT screening maps in Appendix B for residential and employment projects – Zones colored in blue are already 15% or more below the Ventura County Existing VMT). For mixed-use projects that include both residential and office/commercial land uses, all project land uses should be evaluated against both low VMT screening thresholds.

Transit Proximity
A residential, office, or retail project that is located within a ½ mile of the Metrolink station or within a ½ mile of a bus stop with service frequency of 15 minutes or less during commute periods (Public Resource Code § 21064.3). In addition, the project should have all of the following characteristics:
• A Floor Area Ratio (FAR) of 0.75 or greater
• Is consistent with the applicable current SCAG SCS (as determined by the City)
• Does not provide more parking than is required under the City of Oxnard Municipal Code or Specific Plan parking requirements
• Does not replace affordable housing units with moderate or high-income residential units
Affordable Housing
A residential project that provides affordable housing units; if part of a larger development, only those units that meet the definition of affordable housing satisfy the screening criteria.

Transportation Facilities
Transportation projects that promote non-auto travel, improve safety, or improve traffic operations at current bottlenecks. Such transportation projects include mass transit, bicycle and pedestrian facilities, intersection traffic control (e.g., traffic signals or roundabouts), or widening at intersections to provide new turn lanes.

Project Size
Per OPR guidance, projects that generate less than 110 daily trips may be screened from conducting a VMT analysis. Most jurisdictions are using OPR’s guidance with regard to projects that generate 935
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less than 110 daily trips. Table 3 provides example levels of development that could occur based on various land uses under this screening threshold.

Table 3. Example Land Use Sizes Generating 110 Daily Trips or Less* Single Family
Residential
Multifamily
Residential Office Industrial
Project Size 11
Dwelling Units
15 – 24
Dwelling Units
11,000
Square Feet
8,900 – 111,000
Square Feet
*Note: Table 2 is not sufficient for determining whether a proposed project meets the threshold of 110 daily trips or less. All land use projects that are considered for this screening criterion should complete a trip generation analysis to confirm whether the threshold of 110 daily trips or less is met.

Locally Serving Project
Per OPR’s Technical Advisory, local serving retail projects that are 50,000 square feet or less may be presumed to have a less than significant VMT impact absent substantial evidence to the contrary.

This is because local serving retail generally improves the convenience of shopping close to home and has the effect of reducing vehicle travel. Locally serving projects also include locally serving assembly uses (places of worship and community organizations), locally serving community institutions (K-12 schools, public libraries, fire stations, local government, local parks) and similar uses that have the effect of reducing vehicle travel.

Projects Located in Low VMT Areas
OPR guidance states that residential and office projects located within a low VMT generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary.

A low VMT area generally has higher density, a mix of land uses, and provides opportunities for people to walk to nearby uses instead of always driving. Low VMT areas are defined by OPR as areas that are currently generating VMT that is 15% or more below the City’s VMT threshold. Land use development projects qualify for this screening if the project will generate VMT that is similar to the existing land uses in the low VMT area.

OPR recommends that lead agencies select a low VMT area screening threshold that aligns with all three statutory goals listed in Section 21099 of the Public Resources Code: (1) reduction of greenhouse gas (GHG) emissions; (2) development of multimodal transportation networks; and (3) a diversity of land uses. The State has clear quantitative targets for GHG emissions reduction set forth in law and based on scientific consensus, and the depth of VMT reduction needed to achieve those targets has been quantified. Tying VMT thresholds to GHG reduction also supports the two other statutory goals of promoting land use diversity and providing multimodal travel options.

Therefore, to ensure adequate analysis of transportation impacts, OPR recommends using quantitative VMT thresholds linked to GHG reduction targets. 936
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Based on OPR’s review of the applicable research, OPR recommends that a per capita or per employee VMT that is 15% below that of existing development in the geographic area (i.e., 15% below the Existing VMT) may be a reasonable threshold.

As discussed, based on input from Fehr & Peers, City staff recommends that Existing VMT be defined as the average VMT in Ventura County for the purpose of setting significance thresholds.

As such, the Home-Based VMT per Capita metric for residential development in the City of Oxnard, Ventura County, and the significance thresholds recommended by OPR (defined based on the Ventura County VMT metric) are shown in Table 4, and the Home-Based Work VMT per employee metrics and significance thresholds for non-residential development are shown in Table 5.

Based on the information presented in Tables 4 and 5, the recommendation is to define a low VMT area as a TAZ that is 15% lower than the Existing VMT (defined based on the Ventura County VMT metric) to follow OPR guidance. The two maps in Appendix B illustrate the Home-Based VMT per Capita for residential development and Home-Based Work VMT per employee for non-residential development in the City of Oxnard in comparison to the Ventura County average. Areas shown in blue are Low VMT areas in which VMT is already 15% or more below the Ventura County Existing VMT. Areas shown in yellow are Moderate VMT areas in which VMT is between 0% and 15% below the Ventura County Existing VMT, and areas shown in red are High VMT areas in which VMT exceeds the Ventura County Existing VMT.

Table 4. City of Oxnard Residential VMT (Home-Based VMT) per Capita VMT Metrics
Ventura County/ Oxnard Average VMT
2016
Model
2024
Estimate
2040
Model
Oxnard Home-Based VMT per Capita 14.8 15.4 16.3
Ventura County Home-Based VMT per Capita 16.5 17.1 18.1 15% Below County VMT 14.0 14.5 15.4
Table 5. City of Oxnard Employment VMT (Home-Based Work VMT) per Employee VMT Metrics
Ventura County/ Oxnard Average VMT
2016
Model
2024
Estimate
2040
Model
Oxnard Home-Based Work VMT per employee 11.3 9.9 7.5
Ventura County Home-Based Work VMT per
employee 16.3 14.7 12.0
15% Below County VMT 13.9 12.5 10.2

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Transit Proximity
Projects located within Transit Priority Areas (TPAs) as defined under Public Resource Code § 21099 or on High Quality Transit Corridors (HQTCs) as defined under Public Resource Code § 21155 may also be exempt from VMT analysis. TPAs are defined in the OPR Technical Advisory as a ½ mile radius around an existing or planned major transit stop, or an existing stop along a high - quality transit corridor (HQTC). HQTCs are defined in the technical advisory as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

In addition to transit proximity, OPR also recommends that other project characteristics be considered to determine if TPA screening criteria are satisfied. To be considered for TPA screening, a project should have all of the following characteristics:
• A Floor Area Ratio (FAR) of 0.75 or greater;
• Is consistent with the applicable SCAG Sustainable Community Strategy (SCS) (as determined by the City);
• Does not provide more parking than is required under the City of Oxnard Municipal Code or Specific Plan parking requirements; and
• Does not replace affordable housing units with a smaller number of moderate - or high- income residential units.

Affordable Housing
Affordable housing is known to generate lower VMT than market-rate housing. In addition, affordable housing in infill areas can shorten commutes by providing housing closer to where people work, thereby reducing VMT. Affordable housing units in infill locations can be presumed to have a less than significant impact on VMT, absent substantial evidence to the contrary, and can be screened from requiring further VMT analysis. The screening can be applied to infill projects containing 100% of housing units as affordable to lower income households or to only those units within a larger or mixed use infill development that meet affordable housing requirements for lower income households.

Transportation Facilities
Transportation projects that promote active transportation, such as transit, bicycle and pedestrian facilities, are presumed to generally reduce VMT and can be screened from further analysis. In addition, projects that improve safety or improve traffic operations at current bottlenecks, such as intersection traffic control (e.g., traffic signals or roundabouts), or widening at intersections to provide new turn lanes are not expected to increase VMT. The following transportation projects can be screened from further VMT analysis.
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• Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation facilities and do not add additional motor vehicle capacity
• Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, or two-way left turn lanes • Addition of roadway capacity on local or collector streets provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit • Reduction in number of travel lanes
• Installation, removal, or reconfiguration of traffic control devices • Timing of signals to optimize vehicle, bicycle, or pedestrian flow • Installation of roundabouts or traffic circles
• Installation or reconfiguration of traffic calming devices If the City determines that a project would likely lead to a measurable and substantial increase in vehicle travel, the City should conduct an analysis assessing the amount of vehicle travel a project will induce. The following are project types that would likely lead to a measurable increase in vehicle travel:
• Addition of through lanes on existing or new highways, including general purpose lanes, high-occupancy vehicle (HOV) lanes, peak period lanes, auxiliary lanes, or lanes through grade-separated interchanges
VMT Impact Thresholds
CEQA Guidelines Section 15064.7, Thresholds of Significance, encourages lead agencies to develop and publish thresholds of significance. Pursuant to Section 15064.7(b), the City can adopt thresholds of significance for VMT by ordinance, resolution, rule or regulation through a public review process supported by substantial evidence. OPR’s Technical Advisory has identified 15% below the regional average as the threshold for identifying a significant VMT impact for land use projects and plans.

This is based on research conducted to determine the VMT reduction needed in order to help the State achieve its climate goals. Reducing VMT to 15% below existing conditions is a reasonable threshold for new development projects to ensure that projects in Oxnard contribute to the achievement of the State’s goals.

OPR guidance is also provided for transportation projects. For roadway widening projects, a significant impact would occur if the project increased the Existing VMT in the study area.

The VMT thresholds for projects and plans in the City of Oxnard, including examples, are summarized below in Table 6.
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Table 6. VMT Thresholds of Significance and Example Projects that may exceed VMT Threshold
Project Type Threshold for Determination of Significant VMT Impact Project Example(s)
Residential Project
Project exceeds 15% below the Ventura
County Existing VMT for home-Based VMT
per capita
Single- or multi-family market rate
residential development project
located in a high Home-Based VMT
per Capita area. These areas are
depicted as the Red or Yellow areas
of Residential Low VMT screening
map on Figure 1 in Appendix B.

Employment
(Commercial or
Industrial) Project
Project exceeds 15% below the Ventura
County Existing VMT for Home-Based Work
VMT per employee
Office (general and/or
medical/dental) projects,
manufacturing and warehousing
projects, fulfillment and distribution
center projects located in the Red or
Yellow area of Employment VMT
screening map area on Figure 2 in
Appendix B.

Regional Retail
Project
Project results in a net increase in total VMT in
comparison to the existing condition
Retail projects larger than 50,000
square feet, such as malls, big box
retail, and large shopping centers
Mixed-Use Projects
Evaluate each project land use component
separately using the criteria above. If either
the residential or office/commercial
component of a mixed-use project fails to
meet any of the VMT screening criteria listed
in Table 2, then VMT analysis must be
conducted for the project components that
cannot be screened.

Mixed-use project featuring
residential, office, and/or retail
components located in Red or
Yellow area of respective Residential
Low VMT screening map on Figure 1
or Employment VMT screening map
area on Figure 2 in Appendix B.

Land Use Plans
Plan exceeds 15% below the Ventura County
Existing VMT for Total VMT per service
population
City of Oxnard Specific Plans or
General Plan
Other land use types
The project applicant should coordinate with
the City of Oxnard to determine the
appropriate methodology/threshold for
analyzing the VMT impacts of land uses not
listed above.

Special generator, such as aquatics
center, regional park, amusement
park, etc.

Transportation
Projects
Project results in a net increase in VMT in the
study area in comparison to existing
conditions
Construction of a new roadway or
additional vehicle travel lanes

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Mitigation
The types of mitigations that affect VMT are those that reduce the number of single-occupant vehicles generated by the project. This can be accomplished by changing the land uses being proposed or by implementing Transportation Demand Management (TDM) strategies. TDM strategies are reductions available from certain types of project site modifications, programming, and operational changes.

The effectiveness of identified TDM strategies is based primarily on research documented in the 2021 California Air Pollution Control Officers Association (CAPCOA) publication, Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA, 2021). CAPCOA offers methodology based on the latest science and literature available at the time of publication for each strategy3. For a comprehensive list of available TDM strategies, please refer to the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, which contains detailed equations to apply TDM reductions given the land use type and built environment context.

Recommendations
The following elements are recommended for adoption in the City of Oxnard:
• Methodology: It is recommended that the City of Oxnard utilize the regional VCTM, maintained by VCTC, to estimate VMT in the City of Oxnard and the Oxnard Area of Influence. The most recent version of the VCTM uses a base year of 2016 and a horizon year of 2040. Should the City develop its own travel demand model to utilize instead of the VCTM, this City-specific model can also be used to determine VMT. The VMT methodology should include all trips within the VCTM model for each of the following variable formats, as described in this memorandum:
◦ Total VMT per Service Population (all vehicles and all trip purposes): This metric should be used to evaluate land use plans.
◦ Home-based VMT per capita for residential development (automobile only):

This metric should be used to evaluate residential land development projects. ◦ Home-based work VMT per employee (automobile only): This metric should be used to evaluate commercial and industrial land development projects.

3 Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (Final Draft), California Air Pollution Control Officers Association, December 2021
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◦ Net Change in Total VMT: This metric should be used to evaluate regional retail projects (larger than 50,000 square feet) and transportation projects. ◦ Other: For land uses that do not conform to the project types listed in Table 6, the City can determine the appropriate VMT metric depending on the project description.

The project applicant should prepare a methodology for determining VMT impacts of a project, which should be discussed and confirmed with the appropriate City staff member before proceeding with any VMT analysis.
• Existing VMT: The average VMT for Ventura County should be set as the existing VMT for the purpose of identifying VMT impacts. The City of Oxnard should update the existing VMT metric on an annual basis.
• Screening Criteria: It is recommended that the City of Oxnard adopt all of the screening criteria recommended by OPR, including the project daily trip screening (projects generating 110 daily trips or less), the local-serving retail screening (retail projects that are 50,000 square feet or less), the low VMT area screening (projects located in existing VMT efficient areas), and the transit screening (projects located within Transit Priority Areas or High Quality Transit Corridors). Additionally, it is recommended that the City of Oxnard update the low VMT area screening maps on an annual basis. • Significance Thresholds: It is recommended that the significance thresholds be set at 15% below the applicable Existing VMT metric for Ventura County. For regional retail projects, it is recommended that the significance thresholds be set as a net increase in Total VMT (i.e., any net increase in Total VMT would constitute a significant impact). • LOS Analysis: While LOS is no longer a valid metric under CEQA, the City of Oxnard desires to continue to use this metric to evaluate land development projects outside of CEQA and as required by the City’s 2030 General Plan. This should be specified in the City’s Traffic Impact Analysis (TIA) guidelines.
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Appendix A:

VMT Assessment Flowchart

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Step 1
Screening
Project
Questions
Procedural
Flowchart
Step 3
Developing
Mitigation
Measures
Step 2
VMT
Assessment

1. Is the project in a Transit Priority Area or High Quality Transit Corridor?

2. Are all the following requirements met?
• Must have a total FAR greater than or equal to 0.75
• Cannot provide more parking than the City Municipal
Code Requirement
• Must be consistent with SCAG RTP/SCS
• Cannot replace affordable units with a smaller
number of moderate- or high-income residential units
What is the project-level VMT and its effect on VMT assessment? Does the project have a less than significant impact?
FAR = Floor Area Ratio
GHG Handbook = Handbook for Analyzing Greehhouse Gas Emission Reductions, Assessing Climate Vulnerabilites, and Advancing Health and Equity
PA = Production-Attraction
RTP = Regional Transportation Plan
SCAG = Southern California Association of Governments
SCS = Sustainable Communities Strategy
TDM = Transportation Demand Management
TPA = Transit Priority Area
VMT = Vehicle Miles Traveled
What are the options to mitigate VMT impacts?
Abbreviations

1. Is the project located in a low VMT area?

2. Are the following requirements met?
• The project is composed of similar land use types and of a similar density to the land uses within the project TAZ • The project is expected to generate VMT per person
similar to those existing uses
Steps
Is the project a local-serving project (as determined by City staff based on review of supporting evidence)? These projects include but are not limited to:

Type A

TPA/HQTC
Type B
Low VMT Area
Screening
Type C
Project Type
Screening
Note: VMT reductions associated with proposed TDM mitigation measures can be estimated with:
•
•
GHG Handbook reduction equations
*Please note that a Mitigation Bank or Mitigation Exchange program may not be readily available.

Modify the project’s
built environment
characteristics to
reduce VMT generated
by the project
Implement TDM
measures to reduce VMT
generated by the project
Participate in
Mitigation Bank or
Mitigation Exchange
to offset impact* MITIGATION
TDM

PROJECT
Note: If the project
fulfills Type A, B or C
screening, the project is
presumed to result in a
less-than-significant
transportation impact.

Note: If the project is
not screened from
assessment in Step 1, the
project will require a full
VMT assessment to
disclose potential
significant impacts.

Use latest version of the VCTM model to conduct
VMT Assessment. For land uses that do not conform
to the land use categories in the VCTM model, a
customized approach must be developed in
consultation with City staff.

Process Complete
Process Complete
Process Complete
Decision Analytical proc ess or procedural outcome
Oxnard VMT Assessment Flowchart
NO
NO
NO
YES
YES
YES
Process Complete
NOYES
Engineering judgment combined with substantial evidence as presented to and approved by a Department of Public Works Traffic Engineer or the Planning Manager
Screening
• Local serving K-12 schools
• Local-serving retail us es 50,000 square feet or less • Community and Religious As sembly Uses
• Public Services
• Affordable or supportive housing
• Projects generating le ss than 110 daily vehicle trips • Other projects as approved by a Department of Public Works Traffic Engineer or the Planning Manager
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Appendix B:

Low VMT Screening Maps

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ATTACHMENT2

PLANNINGCOMMISSIONSTAFFREPORTLINKS
OCT. 17, 2024- PlanningCommission• Cityof OxnardMeetingAgendas• CivicClerk(ItemG1startsonpg336) NOV. 7, 2024- PlanningCommission• Cityof OxnardMeetingAgendas• CivicClerk(ItemF2startsonpg77) 948
NOTICEOFEXEMPTION(NOE)To:OfficeofPlanningandResearch From:CityofOxnardP.O.Box3044,Room113 CommunityDevelopmentDepartmentSacramento,CA95812-3044 214SouthCStreetOxnard,CA93030To:VenturaCountyClerk-Recorder&RegisterofVotersHallofAdministration,MainPlaza800SouthVictoriaAvenue,Ventura,CA93009-1260 ProjectDescription:Updateto the Cityof OxnardCaliforniaEnvironmentalQualityAct(CEQA)ThresholdGuidelines.TheCEQAThresholdGuidelinesalignwithcriteriaandproceduresconsistentwithcurrent(2024)StateCEQAStatute&Guidelinesfortheorderlyevaluationoftheenvironmentalimpactsassociatedwithprojectsandthe preparationof environmentaldocuments.Theupdateto theCEQAGuidelinesalsointendstohelpclarifyandstandardizedecision-makingintheenvironmentalreviewprocesswithintheCityofOxnard,byhavingtheCityestablishitsownCEQAGuidelines.TheCEQAGuidelinesareofferedasguidancetostaff,consultants,andthedevelopmentcommunityinpreparingallenvironmentalreviewdocuments(including[mitigated]negativedeclarationsand EnvironmentalImpactReports).Additionally, theCEQAGuidelinesareintendedto implementandsupplementprovisionsintheCEQAGuidelinesfordeterminingthesignificanceofenvironmentaleffectsandtheyformthebasisoftheCity’sInitialStudyandEnvironmentalReviewChecklist.

Finding:ThePlanningDivisionoftheDevelopmentServicesDepartmentoftheCityofOxnardhasreviewedtheaboveproposedprojectandfoundittobeexemptfromtheprovisionsoftheCaliforniaEnvironmentalQualityAct(CEQA).

MinisterialProject(Sec.21080(b)(1):15268);CategoricalExemptionStatutoryExemptionEmergencyProject(Sec.21080(b)(4);15269(b)(c)GeneralRuleExemption:NoPossibilityofSignificantEffect[CEQA15061(b)(3)] SupportingReasons:BasedonCaliforniaEnvironmentalQualityAct(CEQA)thisprojectisExemptfromCEQApursuanttoSection15061(b)(3)oftheCEQAGuidelines.SincetheCEQAGuidelinesareadministrativeinnature,inthattheyinvolveonlygatheringanddisseminatinginformation,itcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironment.Inaddition,theadoptionoftheCEQAThresholdGuidelineswillnotresultinanynewsignificantenvironmentalimpactsandwillnotincreasetheseverityofanypreviouslyidentifiedimpactsthatwerenotaddressedinthe2030GeneralPlanPEIR,andthustheprojectisexemptfromtherequirementsofCEQApursuanttostateCEQAGuidelines§15061(b)(3).

JoePearsonII,AICP DatePlanningandEnvironmentalServicesManagerCityofOxnard 949
Update to the City of Oxnard
California Environmental Quality Act
Threshold Guidelines
Kathleen Mallory, AICP, Planning & Sustainability Manager Heather Davis, Project Planner
George Dix, Rincon Consultants
John Muggridge, AICP, Fehr & Peers
City Council
December 3, 2024
950
Background California Environmental Quality Act (CEQA)
• CEQA Guidelines last updated in 2017
• Background, Policies and Methodology
• Initial Study Checklist Topics (bold to be focused on):

11. Land Use/Planning

12. Mineral Resources

13. Noise

14. Population/Housing

15. Public Services/Recreation

16. Transportation/Circulation

17. Tribal Cultural Resources

18. Utilities

19. Wildfire

1. Aesthetics/Urban Design

2. Agricultural Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology/Soils

8. Greenhouse Gas Emissions

9. Hazards/Hazardous Materials

10. Hydrology/Water Quality
951
Update to CEQA Threshold Guidelines
Key Changes:
• Consideration of current State CEQA Guidelines
topics:
• Energy
• Greenhouse Gases
• Wildfire
• Transportation (Vehicle Miles Traveled - VMT)
• Incorporation of update CEQA thresholds of
significance
• New and specific methodologies to use for analysis
3 952
Energy
• Energy moved from “Utilities Section” into its own section • Provides methodology in assessing impacts of energy
consumption. Emphasis on avoiding or reducing inefficient, wasteful or unnecessary energy consumption
• Approach complies with City Council adopted Climate Action and Adaptation Plan (CAAP)
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Greenhouse Gas Emissions
• Section title changed from “Climate Change and Greenhouse Gas Emissions”
• Minor changes to checklist questions for consistency with the State CEQA Guidelines
• Methodology reviews for consistency with “Key Project Attributes that Reduce GHG” from the California Air Resource Board (CARB) Scoping Plan
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Wildfire
• New section, consistent with the State CEQA Guidelines • Applicable to projects in or near high or very high fire hazard severity zones (CAL FIRE)
• Checklist questions focus on:
• Conflicts with emergency
response plans
• Exposure to wildfire or
wildfire pollutants
• Potential to exacerbate
wildfire
• Exposure to risks of
landslides, flooding, and
other post-fire hazards
6 955
Transportation 7
SB 743 is an update to how transportation impacts of proposed development projects are measured under CEQA
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Transportation Analysis 8
• Level of Service (LOS) still used for General Plan
conformance/development review
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VMT Mapping 9
Residential
Employment
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Planning Commission
• October 17, 2024 Study Session:
• No members of public provided written or oral comments • Informative discussion/presentation with Commission
• November 7, 2024 Meeting:
• No members of the public provided written or oral comments • Determined exempt from environmental review under
California Environmental Quality Act (CEQA), Section
15061(b)(3)
• Unanimously (6:0:1) recommended City Council repeal
Resolution No. 15,040 and approve the updated CEQA
Threshold Guidelines
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Recommendation 11
The City Council:
• Adopt Resolution repealing Resolution No. 15,040 and approve the updated CEQA Threshold Guidelines, and
• Finding that the 2024 CEQA Threshold Guidelines exempt from CEQA under Guidelines section 15061(b)(3).
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End of Presentation and Questions
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Brinc Drone Agreement. (10 minutes)

RECOMMENDATION

That the City Council:

1) Receive an update report from the Police Department on the topics of drone uses in public safety, and a Drone First Responder (“DFR”) program; and
2) Approve and authorize the Mayor to enter into a five-year agreement (A-8564) with BRINC Drones (“BRINC”) in an amount not to exceed $2,009,515.00 to provide the Police Department with equipment, technology, and support to establish and operate a Drone First Responder program, and 3) Authorize the Police Department to acquire and use drones provided under the agreement with BRINC, and 4) Approve grant revenue recognition and appropriation of $363,717 from the State Supplemental Law Enforcement Services Fund (SLESF) to the State and Local Grant Fund (210) for Citizens Option for Public Safety (COPS) Program, and the corresponding Capital Outlay Fund (301) transfer in revenue/appropriation in the same amount, for the agreement with BRINC Drones.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/GUbg_zN9YOo

BACKGROUND

On July 23, 2024, the Community Services, Public Safety, Housing & Development Committee authorized Police Department staff to explore the development of a DFR plan for the City of Oxnard.

Uncrewed Aerial Systems (“UAS” or “Drones”)

Small, remotely operated Uncrewed Aerial Systems (UAS), more commonly referred to as "drones,” are an emerging, efficient, and effective way of providing law enforcement critical information to respond to calls for service and emergency situations or to conduct criminal investigations. Drones can also make situations safer for public safety personnel and the public. Some examples include providing an overhead view of an area or incident for first responder personnel, safely clearing the interior of buildings, and searching for lost or missing persons.

In 2018, the Police Department began studying the use of drone technology in its public safety operations. Police Department staff studied best practices, policies, and procedures regarding the use of this technology. Another part of the effort was to address and assuage concerns about public trust, civil liberties, and the public’s right to privacy during the operation of drones piloted by public safety personnel.

On November 13, 2019, the Police Department conducted its first operational drone flight. The Police Department’s current program is a “response model.” Under this model, qualified drone pilot officers respond when called upon from their 962
primary assignment with drones. Their commitment to the program is a collateral assignment, meaning that drone piloting is a responsibility in addition to their principal duties. The Police Department currently has seven drones operated by ten (10) sworn officers who comprise its UAS Unit. All members of the UAS Unit have qualifications that exceed basic requirements; all hold Federal Aviation Administration (“FAA”) “Part 107” certificates. This certification is above and beyond requirements since the Police Department secured an FAA Certificate of Authorization for drone operations; however, the UAS Unit has committed itself to adopting higher standards. Oxnard’s UAS Unit is also currently working toward developing itself as a training entity for other public safety agencies in the region.

As of June 30, 2024, the Police Department has conducted 554 drone flights since November 2019. The pace at which the Police Department uses drones is accelerating, with 167 flights in this year, as of November 2.

The Police Department implemented a drone policy requiring that all drone flights conform to a specific purpose. A look at the Police Department’s drone usage in 2023 shows that its 115 drone deployments that year consisted of the following flight types:
• Field operations support (e.g., area searches): 25
• Tactical assists (e.g., SWAT operations): 42
• Scene documentation: 20
• Special events support: 12
• Area mapping: 9
• Training: 7
The Police Department maintains a public-facing web page that provides more information about drones and the current policy. It is important to point out that since its first flight in 2019, the Police Department has not received a single complaint about their use, and no policy violations have occurred. This page can be found on the Oxnard Police Department’s website at: https://sites.google.com/oxnardpd.org/drones/uncrewed-aerial-systems

The Police Department’s drone program, in its current form, has proven valuable by increasing community and officer safety, improving scene documentation, and increasing efficiency. Its success has been such that it is increasingly becoming more integrated with daily operations.

Viewing drones as an expanding technology that will soon be commonplace in many industries, the Police Department recognizes and values their further integration into public safety. This vision is supported by success stories in cities such as Chula Vista, California, which has been a pioneer in incorporating drones into its daily police department’s operations. Given their value, growing utility, and continued successes, the Police Department seeks to explore developing its own DFR program. If this can be established, Oxnard would be the first DFR agency in the Tri-Counties Region and would endeavor to serve as a model agency in this field.

Drone First Responder

DFR is a network of drones pre-positioned across a city in fully automated launch sites known as “nests” and ready to respond to calls for service. Nests are automated and climate-controlled protective boxes in which drones are stationed and charged. When deployed, the nest opens, and the drone flies from it. When it has completed its response task, the drone returns to the nest, lands on its charging pad, and the nest closes its protective doors. Nests are placed at various locations across the City, intending to provide as much area coverage as possible.

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The drones are remotely operated by an FAA-licensed sworn officer pilot, situated in a command center such as the police headquarters building. The DFR drone has an onboard camera that streams high-definition video to the Police Department’s real-time operations center. The drone pilot, a police officer trained in incident management, controls the drone remotely and communicates with the responding personnel on the ground. This gives them information about the call they are responding to, such as the location of a disturbance, relevant descriptions, and direction of travel. Since they provide overwatch, DFR drones are also very useful in confirming or ruling out the presence of weapons or other safety concerns, which is a valuable de-escalation tool. The DFR system can also stream video feed to the cell phones and media devices of other first responders, supervisors, and command staff. This greatly enhances situational awareness, as they can see exactly what the drone sees in real time.

DFR concept (not to scale)

DFR has demonstrated the ability to increase officer and community safety and efficient deployment of officers. For example, the City of Chula Vista was the first DFR agency in the nation, and is a pioneer agency for DFR. In July 2024, Chula Vista Police surpassed twenty thousand police drone responses since 2018. With DFR, Chula Vista was able to respond to calls without the use of a patrol unit 23% of the time. This means that patrol officers remained available to engage in other activities, such as community policing and other proactive neighborhood problem-solving efforts.

DFR has also demonstrated the ability to respond to a variety of call types. For example, the top call types for DFR in Chula Vista between 2018 and 2024 involved:
• Disturbances (28.1%)
• Check well-being (17.65%)
• Person in crisis (14.36%)
• Domestic disturbances (10.69%)
• Unknown circumstances (7.27%)
• Suspicious persons (6.57%)
• Assaults (5.97%)

Of particular note, DFR has shown great success in reducing overall police response times. Between 2018 and 2024, Chula Vista’s DFR drones recorded 41% faster response times to “priority one” (high priority) calls and 47% faster responses to priority two calls. Between 2018 and mid 2024, DFR drones had an average response time of ninety-two seconds to calls they were sent, immediately providing overwatch and information to responding officers on the ground. In a news television interview with media in July of 2024, Chula Vista Police Chief Roxana Kennedy indicated that when responding, their drones have shown themselves to be the first police resource to arrive at call locations, approximately 75% of the time.

The effectiveness of DFR in reducing response times directly supports the Oxnard City Council’s stated priority of “maintaining and reducing 9-1-1 response times.”

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Oxnard and DFR

The Police Department is requesting authorization from the City Council to implement its own DFR program, with an intended start date in early 2025, with three (3) nest sites.

A startup DFR program would set an initial goal of approximately ten (10) hours each day of drone integration and response with Patrol Division resources, seven (7) days per week. The first phase of the DFR program would seek to cover approximately seventy percent (70%) of the City’s land surface area. Using historical and trending crime data and service call data, Oxnard DFR would aim to cover areas in the City where approximately eighty percent (80%) of police service calls are generated. Later phases could potentially expand the coverage area, as well as the days and times of operations. In addition to responding to police calls for service, DFR would also serve as a potential asset to the Fire Department, such as in the case of structure fires and hazardous material responses. In the near future, drones could also potentially be used in water rescue operations.

BRINC Drones

Police Department staff have reviewed products that serve a DFR function, and have identified Seattle-based BRINC as the most suitable for Oxnard’s DFR effort.

BRINC Drones is the only company creating the hardware, software, and services associated with BRINC’s DFR program. This program features U.S. manufactured, National Defense Authorization Act compliant hardware, and offers a comprehensive public safety bundled solution. It integrates program-related services, specialized software, both outdoor and indoor drone capabilities, and drone nests, providing a unique set of features. Of note, BRINC is currently the only U.S. drone built specifically for public safety. BRINC offers two platforms that, if authorized, the Police Department would use: the Responder, and the Lemur 2. The Responder would serve as the nest-based solution, while the Lemur 2 has the added ability to perform indoors and in tactical situations.

BRINC also offers software and technology to manage a drone fleet. BRINC LiveOps is a robust software platform for managing and monitoring drone operations. LiveOps provides a variety of functions, including facilitating live streaming video, providing real-time maps, and communications. LiveOps also serves as a drone evidence storage repository. This browser-based software expands information feed beyond just drone pilots, such as also to personnel such as command staff, crisis negotiations specialists (and can transcribe their efforts to de-escalate situations), and other emergency response personnel. LiveOps can connect to the department’s Computer Assisted Dispatching (“CAD”), automated license plate reader (“ALPR”) systems, as well as 911 call sharing software and air traffic platforms. All of these integrations lend toward the Police Department's future goal of establishing a Real Time Information Center, which would provide vital information to first responders in support of their role.

Of great importance, LiveOps also provides a transparency portal that maintains a publicly accessible record of drone flights, and a dashboard highlighting program statistics. This feature would be available on the Police Department’s website to the public at all times, so they may query the nature of flights over the City.

A ground-based radar solution is also an option in a DFR program, to ensure that no other aircraft pose a hazard to DFR operations. This may also be accomplished through the use of visual observers, who are tasked to watch the airspace in which a police drone is deployed. Having the radar solution adds a cost to the program, but may also allow a DFR program to replace visual observers, contingent upon a waiver from the FAA. In the longer term, the radar solution can even be more cost effective than deploying visual observers.

BRINC 5 Year Proposal

Oxnard’s BRINC DFR package includes three (3) Responder drones and nests for each, and two (2) Lemur 2 drones. The proposal also includes the LiveOps solution for both the Responder and Lemur 2 platforms. The proposal includes parachute technology, an added safety feature in the event that a drone should fail, for both the Responder and Lemur 2 drones.

The cost for a ground based radar solution is included in the proposal, and Oxnard would be charged for it only if Oxnard acquires this equipment. The costs for two radar units accounts for $100,000 of the total annual cost. It is probable that a 965
radar solution would not be implemented until Year Two of the contract.

BRINC’s proposal also includes training, maintenance for the nests, as well as an unconditional repair/replacement plan for all of its drones, should the need arise.

An overview of the BRINC proposal costs are as follows:

Year One: $363,717
Year Two: $374,527
Year Three: $423,757
Year Four: $423,757
Year Five: $423,757
Total: $2,009,515

BRINC’s proposal reflects a 25% early adopter discount. BRINC’s offer expires on December 31, 2024. BRINC’s standard manufacturer suggested retail prices will also increase on January 1, 2025. As such, the overall contract price for the same five-year agreement with BRINC would increase by approximately $1.2 million dollars as of January 1, 2025 (approximately $3,210,000 over five years).

The above BRINC solutions are currently available on the competitively bid, national cooperative purchasing contract NPP.gov. Both the City of Oxnard as well as the Oxnard Police Department participate as NPP members. There is currently a publicly solicited contract established through an RFP process conducted by a lead public Agency, in this case the League of Oregon Cities (contract number PS24040, valid from March 27, 2024 through March 27, 2030).

Community Outreach
The Police Department presented and engaged in community discussions at an open forum on June 10, 2024 concerning law enforcement use of “military equipment” (which includes drones). The Police Department released an annual report on military equipment, as well as reported drone use to the City Council on July 2, 2024. On July 23, 2024, the Police Department presented at the Community Services, Public Safety, Housing & Development Committee, which authorized Police Department staff to explore the development of a DFR plan. Other meetings have included Oxnard’s Community Relations Commission (September 16, 2024), the Police Chief’s Advisory Board (September 18, 2024), and local civil chapter rights advocacy groups on October 22 and December 2, 2024. The Police Department’s UAS Team has also provided numerous demonstrations to members of the community, including youth, and also conducts outreach on social media.

Drones and “Military Equipment”

Under Government Code section 7070(c)(1), law enforcement agencies' drones are deemed “military equipment.” California law also requires that governing bodies for law enforcement agencies must authorize “funding, acquisition, and use” of such equipment. Law enforcement agencies are also required to report back to their governing body annually with information related to their use, costs, and quantities, as well as any community complaints or policy violations related to the use of such equipment. Additionally, law enforcement agencies are also required to host a community forum for the use of such equipment before reporting to its governing body each year. The City Council received and approved the Police Department’s most recent report, which included its seven drones, at its July 2, 2024 meeting. This was after a public forum that the Police Department held at the City Council chambers on June 10, 2024. The purpose of this forum was to engage interested community members about the use of such equipment.

If the City Council approves the recommended actions, the additional drones will be included in future annual Military Equipment reports to the City Council.

STRATEGIC PRIORITIES

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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

State Supplemental Law Enforcement Services Funds - Funding Source

The County of Ventura receives an annual allocation from the State Department of Finance for front-line law enforcement funds as part of the Supplemental Law Enforcement Services Funds (SLESF). The State of California allocates funds to cities and counties based on population. The SLESF funds result from a 0.15% Vehicle License Fee (VLF) allocation and are meant to supplement law enforcement services. Funds may not be used to supplant any existing funding for law enforcement services. The City of Oxnard’s fiscal year 2024 portion was $307,040 with an additional allocation of $290,654.24 for a total of $597,694.24.

Agreement Costs
The total cost of the agreement shall not exceed $2,009,515. The amount for the first year of the agreement is $363,717. Approval of the recommended action will recognize SLESF grant revenue and appropriate funds in the State and Local Grant Fund (210), and the corresponding Capital Outlay Fund (301) transfer in revenue/appropriation. Funding for future years will be funded by a combination of future SLESF allocations and Asset Forfeiture Funds.

For Finance Use Only: State & Local Grant Fund (Org. 2102131 Obj. 48030/59800), Capital Outlay Fund (Org. 3012131 Obj. 49300, 52400,53200,56040) Project C2558.

COMMITTEE OUTCOME

This item did not originate in Committee, as it had external deadlines imposed on the City (that the City learned of recently), which have a significant financial impact and a short response deadline. Staff made the determination to bypass Committee per Resolution 15,286.

Prepared by: Denise Morehouse, Assistant Police Chief

ATTACHMENTS

1. Presentation

2. BRINC COST PROPOSAL

3. BRINC Master Services and Purchasing Agreement

4. Synopsis-LOC-RFP-2355

5. MPA-2355-LOC-and-BRINC-Drones-EXECUTED

6. July 23, 2024 Staff Report

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OXNARD CITY COUNCIL MEETING
December 3, 2024

BRINC DRONE AGREEMENT
Jason Benites, Chief of Police
Rocky Marquez, Police Commander
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2 Presentation Objectives
July 23, 2024
The Community Services, Public Safety, Housing &
Development Committee authorized the Police
Department to explore the development of a Drone as
a First Responder (DFR) Plan for the City of Oxnard
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3 Presentation Objectives
December 3, 2024
Provide a report that includes:
● An overview of Oxnard PD’s use of Uncrewed Aerial
Systems (“UAS” or “drones”)
● Examples of public safety uses for drones
● Examples of successful drone uses
● Provide an overview of DFR concept
● Request City Council approval for the following
recommended action items:
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4 RECOMMENDATION
That the City Council:
1) Receive an update report from the Police
Department on the topics of drone uses in public
safety, and a Drone First Responder (“DFR”)
program, and
2) Approve and authorize the Mayor to enter into a
five-year agreement (A-8564) with BRINC Drones
(“BRINC”) in an amount not to exceed
$2,009,515.00 to provide the Police Department
with equipment, technology, and support to
establish and operate a Drone First Responder
program, and
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5 RECOMMENDATION
3) Authorize the Police Department to acquire and
use drones provided under the agreement with
BRINC, and
4) Approve grant revenue recognition and
appropriation of $363,717 from the State
Supplemental Law Enforcement Services Fund
(“SLESF”) to the State and Local Grant Fund (210)
for Citizens Option for Public Safety (“COPS”)
Program, and the corresponding Capital Outlay
Fund (301) transfer in revenue/appropriation in the
same amount, for the agreement with BRINC
drones.
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OXPD UAS Program Summary
The Oxnard PD UAS Unit was started in November of 2019
● “Drone Response Model” program
○ Officers respond from other assignments with drones
w
hen called to support officers in the field
● 10 FAA “Part 107” licensed pilots
● Supervised by a Sergeant, overseen by a Commander
6 Activity
• 554 flights November 2019 – June 30, 2024
• 2023: 115 drone uses
• 42 Tactical Assists
• 25 Field Operation Support
• 20 Scene documentation
• 12 Special events support
• 9 Area mapping
• 7 Training
• 2024: 123 missions YTD (June 30, 2024)
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Oxnard PD Drones
DJI Matrice 210
Approximate size comparisons are relative, and not to scale DJI Avata
DJI M30
DJI Mavic Enterprise
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Oxnard Police
Department Policy
Manual section 610
5 OXPD’s Defined UAS Applications
■ Incident documentation
○ T
raffic collision diagramming, crime scene diagramming
■ Field operations support
■ Tactical operations support
■ Investigative support
■ Area searches
■ Search and rescue
■ Explosive device investigation support
■ Hazardous material response operation support
■ Illegal fireworks enforcement
■ Firefighting operation support
■ Fire investigation support
■ Disaster / mass casualty event response and recovery operation support
■ Event planning and management
■ Aerial surveying and geographic information systems (GIS) support ■ Building and public works infrastructure inspection support **Policy prohibits random patrols or random surveillance ** 975
Incident Documentation
6 976
Incident Documentation
63D Rendering
977
Rescue and Damage Assessment
7 978
Locate Missing Persons
Robbinsville, NJ January 2024 9
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Field Operations Support
Crimes in progress / Perimeter Searches
Pedestrian and Crosswalk Safety Operation
10 980
Field Operations Support
Crimes in progress / Perimeter Searches
Thermal imaging locates hiding suspect
11 981
Field Operations Support
Crimes in progress / Perimeter Searches
March 12, 2020: Pleasant Valley Estates 12
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Field Operations Support
December 21, 2021: stabbing suspect located 13
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Tactical Operations Support
SWAT serving warrant: drone spots fleeing persons, guns 14 984
Tactical Operations Support
Attempted murder suspect, North Oxnard 15
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Tactical Assist (Scene Clearing)
Drone used to clear interior of residence at homicide scene 16 986
Illegal Fireworks Enforcement
18Drone spots fireworks, ground units respond
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Firefighting Operation Support
March 6, 2024: Sunkist Warehouse Fire, Oxnard 19
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Firefighting Operation Support
Thermal Imaging of Sunkist Warehouse Fire 20
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DRONE AS A FIRST RESPONDER
23 990
DFR
A network of drones, strategically pre-positioned in automated nests, ready to respond to calls for service.

Remotely operated by a single dedicated FAA-licensed pilot from a command center (police station).
24 991
DFR Concept
25 992
26 Drone “Nest”
Drone takes off from nest
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Benefits of DFR
● Reduce response times
● Increase efficiency
● A staffing force multiplier
● Reduce current overtime cost associated with
cal
ling out current UAS pilots for deployments
● Improve officer and community safety by providing
vi
tal information to responding officers prior to
their arrival
27 994
Enhances Officer and Community Safety
28 “Man with a gun” call. UAS determines the “gun” is a cigarette ligh Situation de -escalated
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DFR Success Case (Chula Vista PD)
● Efficiency (2018-2024)
○ 18,225 DFR calls for service
○ 4,156 resulted in no patrol unit
needed,
reducing patrol call
demand by 23%
● Reduced Response Times
(2018-2024)
○ DFR recorded 41% faster
response t
imes to priority one
calls and 47% faster response
times to priority two calls.
23%
Reduction in patrol
call demand
92 Se co nds
Average response time
f or DF R f rom deploy to
on scene.
29 996
DFR Success Case (Chula Vista PD)
DFR can respond to a variety of call types.

Top call types for DFR in Chula Vista between 2018
and 2024 involved:
● Disturbances (28. 1%)
● Check well-bei ng (17.65%)
● Person in crisis (14. 36%)
● Domestic disturbances (10. 69%)
● Unknown circumstances (7. 27%)
● Suspicious persons (6. 57%)
● Assaults (5. 97%)
30 997
Proposed Oxnard PD DFR
31 Multi-phased approach
7 days/week
10 hours/day
Start with 3 nests
Covers about 18 sq. mi.
of Oxnard’s 26 sq. mi. land
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Calls for Service Heat Map
32 Data driven!
Model not based on
socioeconomics,
race, or political
districts
Highest
concentration of PD
calls for service
Covers area where
85% of calls for
service originate
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Population Map
33 ● US Census data
● Population density
● Service population
concentration
1000
Reported Crime: Density Map
34 2023
National Incident
Based Reporting
System data
Reported crime in
Oxnard’s officially
recognized
neighborhoods
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35 Proposed Oxnard PD DFR
● Initially 7 days per week, 10 hours per day
● H
ours of day to line up with call for service
demands
○ Call volume, peak hours, applicable call types
● Personnel Investment
○ 2 Sworn officers (pilots)
○ Supervision and management
○ 2 Visual observers
■ Existing staff
■ Can instead be covered by use of ground
based radar (FAA Waiver required)
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36 Common Concerns
36 ● Public concerns about drones
○ Legal
, civil rights issues
○ Perceptions
○ Privacy invasion
○ Intended uses of drones
● What safeguards exist?
● Agency transparency
● “Military equipment” (AB481)
○ Annual report to Council
○ No complaints or policy violations
○ We require entire drone flight video
○ No weapons allowed
○ No random patrol, no random surveillance
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37 Established Safeguards
37 • State and federal laws
• 4t
h Amendment (search and seizure)
• Legal precedents / case law
• Department policies and procedures
• Accountability and Disciplinary remedy
• Annual public reporting (AB481)
• No policy violations or complaints so far!
• FAA regulations and requirements
• Training standards (POST, Departmental)
• Supervision, management and leadership
• Inspections and audits
• Accountability
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38 Oxnard Police Department UAS Policy
38 “UAS Unit missions will be accomplished efficiently
and safely while respecting the law and the privacy of
the public. All UAS applications will obey Federal,
State and City laws, and shall respect Constitutional
rights, privacy rights, search and seizure regulations, and Federal Aviation Administration (FAA)
regulations.”
(O d P li Dtt P li Ml 609 2)
www.oxnardpd.org
Find more under our “Transparency” menu
1005
39 Oxnard PD UAS Flight L ogs
Established Policies
All Oxnard PD drone
flights have a
corresponding log (610.9)
Drone flight record
retention (610.10)
• Minimum 2 ½ years
Subject to public records
requests (610.11, 810)
Periodic audits to ensure
thoroughness, accuracy,
and policy adherence
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40 Transparency is Essential
Public facing DFR Website tracking all missions and flight data. 1007
41 Transparency is Essential
BRINC’s LiveOps Public Facing Drone Flight Info
1008
43 Oxnard Police Department UAS Policy
43 Outlines Oxnard Police UAS Unit structure (610.4)
• Unit positions, supervision, management oversight
Defines authorized UAS mission types (610.5.1)
• Specifies level of required approval
Specifies prohibited uses (610.6), including
• No random patrols, no random surveillance, no weapons All UAS flights recorded in their entirety (610.7)
• Recordings subject to retention schedule
1009
44 BRINC DRONES

RESPONDER
• World’s first purpose-b uilt
9-1-1 responder drone
• Emergency lights and siren
• Loudspeaker
• 2 Way communications
• Full HD camera with zoom
• 42 minute flight endurance
1010
45 BRINC DRONES
LEMUR 2
• Can operate indoors
• Tac
tical application
• 4K Camera
• Livestream
• Night vision & thermal
• Real-time mapping
• 2 Way Communications
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46 BRINC DRONES
LiveOps
• Manages drone fleet operations
• R
emote operation
• Stream video
• Real-time mapping
• Evidence storage
• Dashboard information
• Transcription of two-way communications
• Integration with:

Computer Assisted Dispatching
Automated License Plate Readers
Air traffic platforms
• Transparency portal
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47 Proposed Oxnard PD DFR
BRINC Proposal Includes:
• 3 BRINC Responder drones
• 3 BRINC Responder nests
• 2 Lemur 2 drones
• Integrated DFR Software (LiveOps)
• Unlimited data storage
• Unlimited operator licenses
• Unconditional hardware repair or replace
• All necessary training
• Support for FAA Waivers
• Ground radar solution (2 radar units)
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48 Brinc Drones DFR Proposal
Five year Full Service DFR Agreement:
○ Year 1: $ 363,717
○ Year 2: $ 374,527
○ Year 3: $ 423,757
○ Year 4: $ 423,757
○ Year 5: $ 423,757
Total: $2,009,515
25% early adopter discount applies
Offer valid until December 31, 2024
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END OF PRESENTATION
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Oxnard Police Dept - Drone Program with
Ground Based Radar
Oxnard PD, CA
251 South C St
Oxnard, CA 93030
United States
Reference: 20241107-112333341
Quote created: November 7, 2024
Quote expires: December 31, 2024
Quote created by: Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
1016
Any applicable taxes the agency owes will be added when invoicing if they are not included in this quote. If the agency is tax-exempt, please provide documentation to your BRINC Drones point of contact.

This quote is governed by the terms and conditions in NPPGov contract number PS24040.

Comments from Joe Schmidt
Cooperative Purchasing Vehicle NPP.Gov is available to procure BRINC DFR Solution. Oxnard Police Department is a member - Member ID M-5764822. Additionally, the City of Oxnard is also a member - Member ID M-5710201.

If sufﬁcient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement with no consequence. Agency will deliver notice of termination as soon as reasonably practicable. By executing the quotation by 12/31/24, BRINC will allow Agency to secure early adopter discounted pricing and take delivery of product and invoice per Agency requirements.

Item & Description Quantity & Total
Oxnard Police Department BRINC Drone Program Year 1 1 x $363,717.00
H a r d w a r e D e l i v e r y :
3 x R e s p o n d e r w / S t a t i o n D F R
- L i v e O p s D F R
- I n c l u s i v e o f p a r a c h u t e a t t a c h m e n t 2 x L e m u r 2
- L i v e O p s T a c t i c a l
G r o u n d B a s e d R a d a r :
- 2 x E c h o s h i e l d a n d 2 x E c h o g u a r d - I n c l u s i v e o f w a r r a n t y , s u p p o r t a n d s e r v i c e s T r a i n i n g o n a l l a i r f r a m e s
$ 1 0 , 0 0 0 C O A s u p p o r t c r e d i t
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s .

L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e f e c t s w i l l b e r e c t i ﬁ e d b y B R I N C . )
M a i n t e n a n c e o n S t a t i o n i n c l u d e d . $447,466.00
a f t e r $ 8 3 , 7 4 9 . 0 0 d i s c o u n t
1017
Item & Description Quantity & Total
Oxnard Police Department BRINC Drone Program Year 2 1 x $374,527.00
Oxnard Police Department BRINC Drone Program Year 3 1 x $423,757.00
Oxnard Police Department BRINC Drone Program Year 4 1 x $423,757.00
L i v e O p s D F R
L i v e O p s T a c t i c a l
G r o u n d B a s e d R a d a r
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s .

L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e f e c t s w i l l b e r e c t i ﬁ e d b y B R I N C . )
M a i n t e n a n c e o n S t a t i o n i n c l u d e d . $458,276.00
a f t e r $ 8 3 , 7 4 9 . 0 0 d i s c o u n t
H a r d w a r e D e l i v e r y :

U p g r a d e 1 R e s p o n d e r w / S t a t i o n D F R t o G u a r d i a n w / S t a t i o n D F R .

H a r d w a r e r e f r e s h f o r 2 R e s p o n d e r a n d 2 L e m u r . R e f r e s h o f 2 R e s p o n d e r S t a t i o n s i f r e q u i r e d f o r n e w R e s p o n d e r a i r f r a m e .

L i v e O p s D F R
L i v e O p s T a c t i c a l
G r o u n d B a s e d R a d a r
T r a i n i n g o n a l l n e w a i r f r a m e s
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s .

L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e f e c t s w i l l b e r e c t i ﬁ e d b y B R I N C . )
M a i n t e n a n c e o n S t a t i o n i n c l u d e d . $520,006.00
a f t e r $ 9 6 , 2 4 9 . 0 0 d i s c o u n t
L i v e O p s D F R
L i v e O p s T a c t i c a l
G r o u n d B a s e d R a d a r
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s .

L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e f e c t s w i l l b e r e c t i ﬁ e d b y B R I N C . )
M a i n t e n a n c e o n S t a t i o n i n c l u d e d . $520,006.00
a f t e r $ 9 6 , 2 4 9 . 0 0 d i s c o u n t
1018
Item & Description Quantity & Total
Oxnard Police Department BRINC Drone Program Year 5 1 x $423,757.00
One-time subtotal $2,009,515.00
Total $2,009,515.00
Total contract value $2,009,515.00
Purchase Terms and Bundle Details

H a r d w a r e r e f r e s h f o r 1 G u a r d i a n , 2 R e s p o n d e r , a n d 2 L e m u r . R e f r e s h o f 2 R e s p o n d e r S t a t i o n s a n d 1 G u a r d i a n S t a t i o n i f r e q u i r e d f o r n e w a i r f r a m e s .

L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e f e c t s w i l l b e r e c t i ﬁ e d b y B R I N C . )
M a i n t e n a n c e o n S t a t i o n i n c l u d e d . $520,006.00
a f t e r $ 9 6 , 2 4 9 . 0 0 d i s c o u n t
a f t e r $ 4 5 6 , 2 4 5 . 0 0 d i s c o u n t
1019
Signature
Signature Date
Printed name
Countersignature
Countersignature Date
Printed name
Questions? Contact me
Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
BRINC
3668 Albion Pl N
Seattle, WA 98103
United States
1020
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1034

LEAGUE OF OREGON CITIES

UNMANNED AND REMOTELY OPERATED VEHICLE SYSTEMS OR DRONES Solicitation No. 2355

Intent

The League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Unmanned and Remotely Operated Vehicle Systems or Drones. LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement.

Determination for issuing RFP vs. Sealed Bid

LOC has determined that it is advantageous for LOC to procure Unmanned and Remotely Operated Vehicle Systems or Drones using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding. Sealed bidding limits evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) to LOC and its members.

Procedure

LOC issued an RFP (2355) on November 22, 2023.

The RFP was published in the Daily Journal of Commerce on November 22, 2023.

The RFP was published in USA Today on November 22, 2023.

The RFP closed on January 16, 2024.

The RFP was awarded on February 29, 2024.

The RFP was posted to the following web sites: orcities.org and nppgov.com.

1035
The text of the published notice of solicitation is as follows:

LOC received a proposal(s) from the following vendor(s):

1. Adorama, Inc.

2. BRINC Drones, Inc.

Proposals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s):

1. Adorama, Inc.

2. BRINC Drones, Inc.

1036

Evaluation

The evaluation was based on the following criteria as described in the RFP (weighted):

Component Evaluated

Weight
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions.

PPW Section 7.0 and Attachment D.
25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability.

PPW Section 9.0 and Attachment C.
15 Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Proven Experience: Success in providing products and services in a timely manner.

Years in business, references, and reputation. Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP.

Followed the response format and content, was clear and easily understood.

Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 TOTAL 100
1037

Pricing Structure

Adorama, Inc.: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

BRINC Drones, Inc.: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Additional Information

National Purchasing Partners Marshall Stiles, Contract Manager International Place, North Tower [email protected] 17930 International Boulevard nppgov.com
Suite 900
SeaTac, WA 98188
1038

Contract Number: PS24040

LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT

This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and BRINC DRONES, INC. (“Vendor”).

RECITALS

WHEREAS, the Vendor is in the business of selling certain Unmanned and Remotely Operated Vehicle Systems or Drones, as further described herein; and

WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and

WHEREAS, through a solicitation for Unmanned and Remotely Operated Vehicle Systems or Drones the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2355 for Unmanned and Remotely Operated Vehicle Systems or Drones; and

WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and

WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;

NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2355 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state, tribal, and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state, tribal or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1039

Contract Number: PS24040

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein.

For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.

2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:

(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1040

Contract Number: PS24040
Vendor has provided a list of Exceptions to the RFP Solicitation identified in Vendor’s Proposal.

Vendor’s Exception is approved and by this reference incorporated herein.

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder.

Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local, tribal, and state solicitation requirements.

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number VA24040, with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1041

Contract Number: PS24040
information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT

AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self- insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1042

Contract Number: PS24040
are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION

WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR

REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES

Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1043

Contract Number: PS24040
to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 9 – SUBSTITUTIONS

Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

ARTICLE 10 - COMPLIANCE WITH LAWS

10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder.

At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT

Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor will only be required to provide information regarding purchases directly attributable to this Agreement. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES

Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1044

Contract Number: PS24040
remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 14 - RELATIONSHIP OF PARTIES

Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

ARTICLE 15 - NOTICES

All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]

If to Vendor:

BRINC Drones, Inc.
1055 N. 38th St
Seattle, WA 98103
ATTN: Nolan Sieger
Email: [email protected]

Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE

Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

ARTICLE 17 - WAIVER

No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1045

Contract Number: PS24040
unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

ARTICLE 18 - PARTIES BOUND; ASSIGNMENT

This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SEVERABILITY

To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 21 - HEADINGS

Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 22 - MODIFICATIONS

This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

ARTICLE 23 - GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1046

Contract Number: PS24040

ARTICLE 24 - COUNTERPARTS

This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________

Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES

Dated: ____________________________

VENDOR:

Signature: ______________________________

Printed Name:

Title: _____________________________
BRINC DRONES, INC.

Dated: ____________________________

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 March 26, 2024 | 11:09 AM PDT
EVP Revenue
Manoj Mohan
Patricia M. Mulvihill
March 27, 2024 | 1:28 PM PDT
Executive Director
1047

Contract Number: PS24040

ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

UNMANNED AND REMOTELY OPERATED VEHICLE SYSTEMS OR DRONES Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not available)
AERIAL VEHICLES OR DRONES 2.5% off List Price
SURFACE & SUBSURFACE LAND BASED VEHICLES AND DRONES 2.5% off List Price SURFACE & SUBSURFACE WATER BASED VEHICLES AND DRONES 2.5% off List Price

TECHNOLOGY, SOFTWARE, ACCESSORIES, ATTACHMENTS,
TRAINING, CERTIFICATION, LICENSURE, AND SERVICES 2.5% off List Price OTHER 2.5% off List Price

Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1048

Contract Number: PS24040

ATTACHMENT B

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES

To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1049

Contract Number: PS24040

ATTACHMENT C

to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES

The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1050

Contract Number: PS24040

ATTACHMENT D

to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1051

Contract Number: PS24040

ATTACHMENT E

to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1052

Contract Number: PS24040

ATTACHMENT F

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

MASTER SERVICES AND PURCHASING AGREEMENT

This Master Services and Purchasing Agreement (“ Agreement”) is between BRINC Drones, Inc., a Delaware corporation (“BRINC”), and the agency listed in the signature block or, if no agency is listed, the agency executing an Order Form that references this Agreement (“Agency ”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Order Form referencing this Agreement (“Effective Date”). This Agreement will govern future purchases by Agency for the same BRINC Devices and Services in the Order Form.

The Parties agree as follows:

1. Definitions
In addition to capitalized terms defined elsewhere in this Agreement, these following terms have the following meanings:

1.1. “BRINC Live Operations” means BRINC’s streaming services for BRINC data streaming and interactions between BRINC Devices and/or BRINC client software.

1.2. “BRINC Device” means all hardware provided by BRINC under this Agreement.

1.3. “Documentation” means specifications, user manuals, warnings, and other materials relating to the BRINC Devices or Services provided or made available by BRINC to Agency, as may be modified by BRINC from time to time.

1.4. “Fees” means the fees payable by Agency as set forth in an Order Form.

1.5. “Order Form” means each written order specifying the BRINC Devices and Services to be provided under this Agreement and applicable Fees, that is entered into between Agency and BRINC.

1.6. “Services” means all services provided by BRINC under this Agreement, including software, BRINC Live Operations, and professional services.

1.7. “Subscription Term” means the period specified in an Order Form during which Agency will have access to the Services.

1.8. “Third-Party Services” means separate hardware, services, or applications procured by Agency from a party other than BRINC that can be used in connection with the Services.

2. Term and Termination
DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1053

2.1. Term. This Agreement begins on the Effective Date and continues as long as any Order Form remains in effect (“Term”). BRINC will not authorize services until BRINC receives a signed Order Form or accepts a purchase order, whichever is first.

2.2. Term of Order Forms. Unless otherwise stated in the applicable Order Form, (a) the initial Subscription Term of each Order Form begins on the effective date of such Order Form and continue for the Subscription Term stated in the Order Form; and (b) the Subscription Term will automatically renew for a Subscription Term equivalent to the initial Subscription Term, unless either party provides the other party with written notice of non-renewal at least 30 days before the end of the then-current Subscription Term.

2.3. T
ermination for Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to BRINC’s uncured breach, BRINC will refund prepaid amounts on a prorated basis based on the effective date of termination.

2.4. T ermination by Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

2.5. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all Fees incurred before the effective date of termination. If Agency purchases BRINC Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, BRINC will invoice Agency the difference between the MSRP for BRINC Devices received, including any spare BRINC Devices, and amounts paid towards those BRINC Devices. Only if terminating for non- appropriation, Agency may return BRINC Devices to BRINC within 30 days of termination. MSRP is the standalone price of the individual BRINC Device at the time of sale.

For bundled BRINC Devices, MSRP is the standalone price of all individual components.

2.6. S
urvival . The sections titled “Effect of Termination,” “Survival,” “Fees, Payment, and Shipping,” “Confidentiality,” “Disclaimers,” “Proprietary Rights,” “IP Indemnification,” “Limitation of Liability,” and “Miscellaneous” will survive any termination or expiration of this Agreement.

3. Fees, Payment, and Shipping

3.1. Fees. Unless otherwise stated in the relevant Order Form, BRINC will invoice Agency upon shipment of the BRINC Devices in the Order Form, and payment is due within 30 days from the invoice date. For all Subscription Fees, BRINC will invoice Agency annually on the anniversary of the initial invoice. Payment obligations are non-cancelable. Unless otherwise stated in an Order Form, BRINC may increase the Fees upon renewal of each Order Form Subscription Term by providing written notice to Agency at least 45 days before the commencement of the applicable renewal Subscription Term.

3.2. L
ate Payments. If BRINC does not receive any invoiced amount by the invoice due date, then without limiting BRINC’s rights or remedies, BRINC may, unless prohibited by law, charge Agency late interest fees at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law, plus all expenses of collection, including reasonable attorneys’ fees.

3.3. Payment Disputes. BRINC will not exercise its rights under the “Late Payments” section above if Agency disputes the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1054

3.4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides BRINC a valid tax exemption certificate.

3.5. Refunds. All sales are final. BRINC does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Agency will pay invoices without setoff, deduction, or withholding.

3.6. Shipping. BRINC may make partial shipments and ship BRINC Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon BRINC’s delivery to the common carrier. Agency will pay any shipping charges in the Order Form. Changes in the estimated ship date may change charges in the Order Form. Shipping dates are estimates only. BRINC is not responsible for typographical errors in any offer by BRINC, and BRINC may cancel any orders resulting from such errors. Orders are subject to prior credit approval.

4. Hardware Warranties and Disclaimers

4.1. Hardware Warranty. BRINC warrants that BRINC manufactured Devices are free from defects in workmanship and materials for one year from the date of Agency’s receipt. For BRINC manufactured Devices purchased by Agency under the BRINC Support Program, BRINC warrants such BRINC Devices are free from defects in workmanship and materials from the date of Agency’s receipt for the duration of the BRINC Support Program term.

4.2. Disclaimers. Except as expressly provided herein, BRINC provides all software and Services "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Third-Party Services are not covered by BRINC’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

4.3. C
laims . If BRINC receives a valid warranty claim for a BRINC manufactured Device during the warranty term, BRINC’s sole responsibility is to repair or replace such Device with the same or like BRINC manufactured Device, at BRINC’s option. A replacement BRINC- Manufactured Device will be new or like new. The warranty of the replacement BRINC manufactured Device will be the longer of (a) the remaining warranty of the original BRINC manufactured Device or (b) 90-days from the date of repair or replacement.

4.4. Exclusions. BRINC’s warranty excludes damage related to: (a) failure to follow BRINC Device use instructions; (b) BRINC Devices used with equipment not manufactured or recommended by BRINC; (c) abuse, misuse, or intentional damage to the BRINC Device; (d) force majeure; (e) BRINC Devices repaired or modified by persons other than BRINC without BRINC’s written permission; (f) BRINC Devices with a defaced or removed serial number; or (g) Agency’s failure to complete training from BRINC on operating and flying the BRINC Device prior to Agency’s use of the BRINC Device. BRINC’s warranty will be void if Agency resells BRINC Devices.

4.5. Replacement Device. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes BRINC’s property. Before delivering a BRINC Device for service, Agency must download BRINC Device data and retain a copy.

BRINC is not responsible for any loss of software, data, or other information contained in storage media or any part of the BRINC Device sent to BRINC for service.

4.6. Spare BRINC Devices. At BRINC’s reasonable discretion, BRINC may provide Agency a predetermined number of spare BRINC Devices. Spare BRINC Devices are intended to replace broken or non-functioning units while BRINC repairs or replaces the broken or non-functioning DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1055

units through the warranty return process. Title and risk of loss for all spare BRINC Devices shall pass to Agency as described in the “Shipping” section.

5. Confidentiality

5.1. Definition of Confidential Information. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. To the extent permissible by law, BRINC pricing is Confidential Information and competition sensitive.

5.2. Protection of Confidential Information. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information.

Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5 years thereafter.

5.3. Disclosure. Either party may disclose Confidential Information to the extent required by law, provided that the receiving party gives the disclosing party reasonable advance notice of such disclosure and cooperates with the disclosing party so the disclosing party may obtain appropriate treatment for such Confidential Information. If Agency receives a public records request to disclose BRINC Confidential Information, to the extent allowed by law, Agency will provide notice to BRINC before disclosure. BRINC may publicly announce information related to this Agreement.

6. Proprietary Rights

6.1. BRINC Device and Services. BRINC and its licensors own and reserve all right, title, and interest in BRINC Devices, Services, and Documentation, including all related intellectual property rights, underlying technology, derivative works, modifications, or improvements of any of the foregoing. No rights are granted to Agency hereunder other than as expressly stated herein.

6.2. F
eedback . Agency hereby grants BRINC a perpetual, irrevocable, royalty-free and fully paid right to use and otherwise exploit in any manner any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Agency related to the BRINC Devices or Services or other BRINC products or services.

7. Limitation of Liability

7.1. Exclusion of Certain Types of Damages. Except to the extent prohibited by law, neither party will have any liability arising out of or related to this Agreement for any indirect, exemplary, incidental, special, punitive, cover, business interruption, lost profit, or consequential damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or has been advised of the possibility of such damages or if a party’s remedy otherwise fails of its essential purpose.

7.2. Liability Cap. Except for amounts payable under BRINC’s intellectual property indemnification obligations under “IP Indemnification”, in no event will the aggregate total liability of either party arising out of or related to this Agreement exceed the purchase price paid to BRINC for the BRINC Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Agency’ payment obligations under the “Fees and Payments” section above.

In the event Agency (i) modifies a BRINC Device, (ii) fails to operate a BRINC Device in accordance with BRINC’s warnings or guidelines, or (iii) is involved in an accident involving a BRINC Device, BRINC will have no liability to Agency for any damages.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1056

8. IP Indemnification

8.1. Indemnification by BRINC. BRINC will indemnify Agency against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of BRINC Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide BRINC with written notice of such claim, tender to BRINC the defense or settlement of such claim at BRINC’s expense and cooperate fully with BRINC in the defense or settlement of such claim. BRINC’s IP indemnification obligations do not apply to claims based on (a) modification of BRINC Devices or Services by Agency or a third-party not approved by BRINC; (b) use of BRINC Devices and Services in combination with hardware or services not approved by BRINC; (c) use of BRINC Devices and Services other than as permitted in this Agreement; or (d) use of BRINC software that is not the most current release provided by BRINC.

8.2. Sole and Exclusive Remedy. If BRINC receives information about an infringement or misappropriation claim related to BRINC Devices or Services, BRINC may and at no cost to Agency: (i) modify the BRINC Devices or Services so that they are no longer claimed to infringe or misappropriate; (ii) obtain a license for Agency’s continued use of the BRINC Devices or Services in accordance with this Agreement; or (iii) terminate Agency’s subscriptions for the BRINC Devices or Services upon 30 days’ written notice and refund Agency any prepaid fees covering the remainder of the subscription term of the terminated Services. This Indemnification section sets forth BRINC’s sole liability to, and the Agency’s exclusive remedy against, BRINC for the third-party claims described herein.

9. Additional Offerings; Changes to Offerings

9.1. Online Support Platforms. Use of BRINC’s online support platforms (simulator) is governed by the BRINC Simulator Terms of Use Appendix.

9.2. New offerings. New devices and services may require additional terms.

9.3. Design Changes. BRINC may make design changes to any BRINC Device or Service without notifying Agency or making the same change to BRINC Devices and Services previously purchased by Agency. Any such design changes will not materially decrease the overall functionality of the Services or BRINC Devices.

9.4. Bundled Offerings. If Agency purchases a bundled offering from BRINC and (i) some offerings in the bundle are not currently available at the time of purchase, or (ii) Agency elects not to utilize any portion of the bundle, BRINC will not provide a refund, credit, or additional discount beyond what is in the Order Form.

10. Use of BRINC Devices and Services

10.1. Third-Party Software and Services. Agency may integrate BRINC Devices or Services with Third-Party Services. The terms and conditions governing Agency’s access, use, and exchange of data with Third-Party Services is solely between Agency and the Third-Party Services provider. BRINC does not endorse or support and is not responsible for Third-Party Services.

Agency is solely responsible and liable for its use of Third-Party Services. BRINC has no obligation to support any integration of Third-Party Services with the Services and may cease any integrations of Third-Party Services at any time.

10.2. Agency Responsibilities. Agency is responsible for (a) Agency’s use of BRINC Devices and Service, including ensuring that Agency and End Users adhere to all applicable laws and regulations applicable to the operation of unmanned aircraft system and that Agency and End Users operate BRINC Devices in accordance with the Documentation (b) breach of this DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1057

Agreement or violation of applicable law by Agency or an Agency end user; (c) a dispute between Agency and a third-party over Agency’s use of BRINC Devices; (d) ensuring BRINC Devices are destroyed and disposed of securely and sustainably at Agency’s cost; (e) any regulatory violations or fines, as a result of improper use, destruction, or disposal of BRINC Devices; and (f) ensuring no modifications are made to weaponize the BRINC Device.

10.3. Cloud Services. Agency may purchase cloud services from BRINC to utilize a SaaS based platform to store and manage footage captured from a BRINC Device (“Cloud Services”). Any data that Agency uploads to Cloud Services from a BRINC Device will be considered Agency Data. BRINC may collect and analyze information relating to Agency’s use of Cloud Services and BRINC Devices, including Agency Data, in connection with Agency’s use of Cloud Services. BRINC may use such information to develop and improve the Cloud Services and BRINC Devices and other BRINC offerings, but only in aggregate, anonymized form which cannot be readily linked to Agency or any specific entity or natural person (“Aggregated Anonymous Data”). For sake of clarity, Aggregated Anonymous Data is not Agency Data.

BRINC may utilize third-party cloud hosting providers to store Agency Data. If data is stored within BRINC’s cloud based partner ecosystem, such third party retains ultimate responsibility for the availability and integrity of Agency Data. BRINC will implement and maintain appropriate administrative, physical, and technical security measures designed to protect the security, confidentiality, and integrity of, and prevent the unauthorized disclosure of, Agency Data.

11. Donations and Beta Tests

11.1. Charitable Donations. Upon mutual agreement between BRINC and Agency, BRINC may provide certain products and services to Agency, as a charitable donation. By accepting a charitable donation, Agency represents and warrants that it may do so under applicable law.

BRINC may publicly announce its participation in any such charitable donation and use Agency’s name in marketing materials. BRINC may terminate the charitable program without cause immediately upon notice to the Agency.

11.2. Free Trials and Beta Testing. BRINC may offer optional free trial or beta access to BRINC Services or Devices. Use of free trials and betas is only for Agency’s internal evaluation during a 30-day period, unless otherwise specified in writing by BRINC. Either party may terminate Agency’s use of free trials and betas at any time for any reason.

11.3. Limitations. Trials and betas may be inoperable, incomplete, or include features never released.

Notwithstanding anything else in this Agreement, BRINC offers no warranty, indemnity, or support for free trials and betas or charitable donations, and its liability for such use will not exceed US$1,000.

12. Miscellaneous

12.1. Force Majeure. Except for Agency’s obligation to pay Fees owed, neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

12.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

12.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

12.4. Cooperative Purchasing. To the extent legally allowed, Agency will permit other governmental agencies to utilize this Agreement under the same terms and conditions to purchase the same Services and BRINC Devices described in the Order Form.

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12.5. Insurance. BRINC will maintain General Liability and Workers’ Compensation insurance.

Upon request, BRINC will supply certificates of insurance.

12.6. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

12.7. U.S. Government Restricted Rights. If Agency is a U.S. federal government department or agency or contracting on behalf of such department or agency, the Services are a “Commercial Product” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202- 4, as applicable, the Services are licensed to Agency with only those rights as provided under the terms and conditions of this Agreement.

12.8. Export Compliance. Each Party will comply with all import and export control laws and regulations.

12.9. Anti-Bribery. Neither party has received or been offered any illegal or improper bribe, rebate, payoff, influence payment, kickback, or other thing of value from an employee or agent of the other party in connection with this Agreement.

12.10. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. BRINC may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.

12.11. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

12.12. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

12.13. Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

12.14. Notices. All notices required or permitted under this Agreement must be in English and delivered in writing. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with BRINC. Notices to BRINC shall be provided to BRINC Drones Inc, Inc., Attn:

Legal, 1055 N. 38th St. Seattle, WA 98103.

12.15. Entire Agreement. This Agreement, including any Order Form(s) or SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Any terms within the Agency's purchase order in response to an Order Form will be void.

12.16. Counterparts. If the parties sign this agreement in several counterparts, each will be deemed an original, but all counterparts together will constitute one instrument.

DocuSign Envelope ID: F826BD27-365D-45EA-A642-BAF178896B53 1059

Agency BRINC Drones, Inc.

Signature _____________________________ Signature _____________________________ Name ________________________________ Name ________________________________ Title _________________________________ Title _________________________________ Date _________________________________ Date _________________________________

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.5

DATE: December 3, 2024

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Remittance to the City of Oxnard’s Community Development Block Grant (CDBG) Line of Credit with the United States Department of Housing and Urban Development for Ineligible Program Costs (10 minutes).

RECOMMENDATION

That the City Council:

1. Authorize the City Manager to remit up to $369,083.93 to the City of Oxnard’s Community Development Block Grant Line of Credit with the United States Department of Housing and Urban Development for ineligible program costs to comply with the 2021 monitoring review requirements;

2. Authorize the City Manager, or designee, to appropriate up to $369,083.93 from the City’s General Fund (101) available fund balance; and

3. Authorize the Finance Department to complete a cash transfer to the United States Treasury to return funds to the City of Oxnard’s Line of Credit with the United States Department of Housing and Urban Development. (This item did not originate in Committee. This item was previously presented to City Council on July 5, 2022.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/IwYZCGalt9w

BACKGROUND

The City of Oxnard receives entitlement grant funding from the United States Department of Housing and Urban Development (HUD) for three major programs, including the Community Development Block Grant, HOME Investment Partnerships and the Emergency Solutions Grant every year. These programs are used to address critical, unmet local needs in the areas of affordable housing, public facilities, infrastructure, economic development, homeless services and public services.

Entitlement grants are grants entitled to cities, counties, states, and urban areas, given the jurisdiction provides a Five- Year Consolidated Plan, and subsequent Annual Action Plans that describe the needs and gaps of the community, in addition to the eligible activities the jurisdiction proposes to address those needs and gaps. Within each Five-Year Consolidated Plan period, HUD often conducts a monitoring review of activities to ensure they are meeting federal compliance.

During the weeks of June 7, 2021 and June 14, 2021, HUD monitored the City of Oxnard’s 2018-19 and 2019-20 Community Development Block Grant program activities. On November 26, 2021, HUD concluded their monitoring review and identified fifteen findings and two concerns. Two of the fifteen findings identified a requirement to repay funds to HUD based on their determination that some of the activities conducted were ineligible. HUD previously accepted the Annual Action Plans which include the subject activities/projects which they then deemed ineligible in 2021.
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The subject projects and associated funding was included in the 2019 and 2020 Annual Action Plans. The primary purpose of the projects related to the Fire Department was to increase the ability to provide life saving measures to residents of the city. Based on past experience of Housing Department staff this is an appropriate use of CDBG funding, meeting the criteria of a benefit to a low and moderate income area.

Following receipt of HUDs 2021 letter, the City of Oxnard and HUD engaged in extensive correspondence seeking a final disposition of the various findings. After more than two years, in April of 2024 HUD informed the City of Oxnard of an additional required review in the form of a new effort recognized as a Risk-Based Technical Assistance seeking to resolve the remaining outstanding findings from 2021.With approval of the requested actions, the final findings from the 2021 monitoring will be resolved.

On July 5, 2022, City Council approved a request from the Housing Department to remit up to $369,083.20 in General Funds to HUD due to their determination of ineligible expenditures during a scheduled monitoring review of the City of Oxnard’s Community Development Block Grant (“CDBG”) program in 2021. Following that action City staff continued to discuss the projects with HUD to gain a better understanding of their determination prior to submitting the payment to HUD. In the Fall of 2024, the discussions with HUD were finalized and it was determined the City would need to remit $369,083.93. While the conversations with HUD were taking place, the original amount approved by City Council was inadvertently omitted from the carry over process into FY 2024-25, and therefore, any payment to HUD requires a new appropriation by City Council.

DISCUSSION

The remaining open findings are based on a determination of ineligible expenses because the respective projects were deemed to not be life saving measures. HUD seeks remittance of the funds for projects that they deemed to be ineligible. In some cases the full funding award was not necessary to complete the project; in those cases HUD is simply requiring the repayment of the actual funds used and the remaining funds were already returned to CDBG fund balance when the projects were completed. The projects HUD is requiring the repayment of funds on include:

2022 Saff Report 2024 HUD Accounting Difference

1. Program Administration
($1,851.04) - Approved by Council
in Fiscal Year 2018

1. Program Administration
($1,851.04) - Approved by Council
in Fiscal Year 2018
$0.00

2. Police Community Cameras
($5,137.16) - Approved by Council
in Fiscal Year 2017

2. Police Community Cameras
($5,137.16) - Approved by Council
in Fiscal Year 2017
$0.00

3. Fire Operations Chief Mobile
Command ($120,000) - Approved
by Council in Fiscal Year 2018

3. Fire Operations Chief Mobile
Command ($120,000) - Approved
by Council in Fiscal Year 2018
$0.00

4. ALS Paramedic Support
($69,343) - Approved by Council
in Fiscal Year 2019

4. ALS Paramedic Support
($69,343.21) - Approved by
Council in Fiscal Year 2019
+$0.21

5. Fire Station Altering System
($47,752) - Approved by Council
in Fiscal Year 2019

5. Fire Station Altering System
($47,752.52) - Approved by
Council in Fiscal Year 2019
+$0.52

6. Fire Station Mobile Data
Equipment ($125,000) - Approved
by Council in Fiscal Year 2019

6. Fire Station Mobile Data
Equipment ($125,000) - Approved
by Council in Fiscal Year 2019
$0.00
Amount to be Repaid:
$369,083.20
Amount to be Repaid:
$369,083.93
Difference From 2022 to 2024
HUD Accounting:
+$0.73
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Below is a summary for each activity HUD deemed ineligible:

Program Administration
Program Administration covers staffing and operational costs to operate the HUD programs. One ineligible activity that HUD does not allow is to pay for memberships or subscriptions with CDBG funds when the organization's primary purpose is lobbying. According to HUD’s monitoring letters, HUD’s determination was cited incorrectly. However, the memberships purchased with CDBG funding in Fiscal Year 2018 - 2019 do have lobbying components, therefore future subscriptions should be paid through another funding source.

Police Community Cameras
The Police Community Cameras activity was awarded $120,000 by City Council within Fiscal Year 2016-17. HUD’s concern is relative to Police staff training. HUD could not tie back the training to the cameras. However, the installation and the equipment for the cameras were deemed eligible.

Fire Operations Chief Mobile Command
This activity was awarded $120,000 by City Council within Fiscal Year 2017-18. The monitoring review letter dated November 26, 2021states that although the vehicle may contain life-saving equipment, it serves as a mobile command center for use by the Battalion Chief and is not used by firefighters to save lives. HUD considers this to be a general government expense, which is an ineligible use of funds.

ALS Paramedic Support
This activity was awarded $70,000 by City Council in Fiscal Year 2018-19. The activity included the purchase of a paramedic support vehicle for the Fire Department commonly used where fire trucks are unable to travel. Purchases of life-saving equipment for Fire Departments are eligible expenses, including fire trucks when the Fire Department is located in a low-income census tract. The City of Oxnard’s petition was that the vehicle would respond to emergencies, in areas such as agricultural sites or narrow corridors, where a fire truck was incapable of traveling through. HUD’s response was that the vehicle was indeed eligible for purchase. However, the Fire Department needed to track the time and location of the vehicle in support of serving low-income neighborhoods, and to ensure there was record of eligible and ineligible uses documented. The Fire Department was not informed of conducting the need for this action and was unable to provide the records needed to comply with HUD’s request. It was the Housing Department’s understanding, at the time of awarding the activity, that since the entire City of Oxnard is 60% low-income, the census tract documentation would suffice, yet HUD disagreed.

Fire Station Mobile Data Equipment
This activity included the purchase of computer equipment installed in the fire vehicles that allowed staff to upload medical data directly to the hospitals to expedite life-saving measures for the patients while the patients and emergency responders are en route to the hospital. HUD deemed that this was not life-saving equipment. The City contested that the equipment supported life-saving measures, especially for those with chronic conditions or pose unique barriers to adequate healthcare. HUD has reaffirmed their original position deeming the activity ineligible.

HUD has agreed to close these findings upon remittance of up to $369,083.93 back to the City of Oxnard’s Community Development Block Grant line of credit with HUD.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

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The CDBG program is typically self-sustaining. It does not require matching funds, and the program has some administrative funding to support most administrative staff and resources needed to operate the CDBG program. When activities are deemed ineligible in instances such as a monitoring visit, HUD has the option to request repayment of funds.

After HUD has completed processing the repayment, the grant funds will be made available to the City of Oxnard through the CDBG program, and the Housing Department will request the appropriation of those funds.

The fiscal impact for this item is to increase FY 2024-25 spending in the general fund in the amount of $369,083.93.

For Finance Use Only: General Fund (Org. 1018101 Obj. 53710)

COMMITTEE OUTCOME

This item did not originate in Committee. This item was previously presented to City Council on July 5, 2022.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. July 5, 2022 City Council Staff Report

2. Oxnard RBTA Findings Closure Letter 1

3. Presentation

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: July 5, 2022

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Remittance to the United States Department of Housing and Urban Development Department for Ineligible Costs Related to the Community Development Block Grant Program.

RECOMMENDATION

That the City Council:

1. Authorize the City Manager to repay $369,083.20 to the United States Department of Housing and Urban Development Department to comply with the 2021 Monitoring Review requirements; and

2. Authorize the City Manager or designee to appropriate up to $369,083.20 of General Funds, if needed, and authorize the Finance Department to conduct a cash transfer to the United States Treasury and the return of funds to the appropriate line of credit as directed by the United States Department of Housing and Urban Development. (This item did not originate in Committee.)

BACKGROUND

The primary objective of the Community Development Block Grant program is to revitalize communities, through assisting low- and moderate-income households, aid in the prevention of slums or blight or meeting some other urgent community development need. In order to meet these objectives, funds can be used for a wide range of activities, such as, infrastructure projects, business assistance programs, public services, homeownership assistance and child care. Each activity carries its own requirements and regulations that must be followed in order to be in full compliance.

During the weeks of June 7, 2021 and June 14, 2021, HUD monitored the City of Oxnard’s 2018-19 and 2019-20 Community Development Block Grant program activities. The purpose of the monitoring visit is to ensure the City of Oxnard’s activities were administered in accordance with all program regulations. On November 26, 2021, HUD concluded their monitoring review and identified fifteen findings and two concerns. 1070
Two of the fifteen findings identified a requirement to repay funds to HUD based on their determination that some of the activities conducted were ineligible. Although HUD approved the Annual Action Plans associated activities, they did not identify any concerns to the City of Oxnard prior to approving the plan. Within the two findings, there were eight projects HUD requested be repaid:

1. Program Administration ($1,851.04) – Approved by Council in Fiscal Year 2018

2. Police Community Cameras ($5,137.16) – Approved by Council in Fiscal Year 2017

3. Fire Operations Chief Mobile Command ($120,000) – Approved by Council in Fiscal Year 2018

4. ALS Paramedic Support ($69,343) – Approved by Council in Fiscal Year 2019

5. Fire Station Alerting System ($47,752) – Approved by Council in Fiscal Year 2019

6. Fire Station Mobile Data Equipment ($125,000) – Approved by Council in Fiscal Year 2019 Amount to be Repaid: $369,083.20
The remainder of the findings were primarily related to the Housing Department’s grant policies and procedures. The policies and procedures have been updated to better align with the Housing Department’s internal systems and federal regulations. In addition, modifications to three programs were needed in the HUD database to better reflect the appropriate regulatory categories – Housing Rehabilitation, Down Payment Assistance, and Fair Housing.

DISCUSSION
In February 2022, the Housing Department issued a response to HUD’s letter dated November 26, 2021, contesting several activities they deemed ineligible, including the Police Community Cameras, the ALS Paramedic Support, the Fire Station Alerting System, and the Fire Station Mobile Data Equipment. A response from HUD was received on May 2, 2022 reaffirming their stance on the ineligibility of each.

Below is a summary for each activity HUD deemed ineligible:

Police Community Cameras
The Police Community Cameras activity was awarded $120,000 by City Council within Fiscal Year 2016-17. HUD’s concern is relative to Police staff training, which amounted to the $5,137.16. HUD could not tie back the training to the cameras. However, the installation and the equipment for the cameras were deemed eligible. Staff recommends that City Council approve the repayment of $5,137.16 to close out this finding.

Fire Operations Chief Mobile Command
This activity was awarded $120,000 by City Council within Fiscal Year 2017-18. The monitoring review letter dated November 26, 2021 (Attachment 1) states that although the vehicle may contain life-saving equipment, it serves as a mobile command center for use by the Battalion Chief and is not used by firefighters to save lives. HUD considers this to be a general government expense, which is an ineligible use of funds. Staff recommends that City Council approve the repayment of $120,000 to close out this finding.
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ALS Paramedic Support
This activity was awarded $70,000 by City Council in Fiscal Year 2018-19. The activity included the purchase of a paramedic support vehicle for the Fire Department commonly used where fire trucks are unable to travel. Purchases of life-saving equipment for Fire Departments are eligible expenses, including fire trucks when the Fire Department is located in a low-income census tract. The City of Oxnard’s petition was that the vehicle would respond to emergencies, in areas such as agricultural sites or narrow corridors, where a fire truck was incapable of traveling through. HUD’s response was that the vehicle was indeed eligible for purchase. However, the Fire Department needed to track the time and location of the vehicle in support of serving low-income neighborhoods, and to ensure there was record of eligible and ineligible uses documented. The Fire Department was not informed of conducting the need for this action and was unable to provide the records needed to comply with HUD’s request. It was the Housing Department’s understanding, at the time of awarding the activity, that since the entire City of Oxnard is 60% low-income, the census tract documentation would suffice, yet HUD disagreed. Staff recommends that City Council approve the repayment of $69,343 to close out this finding.

Fire Station Alerting System
The Fire Station Alerting System activity was awarded $225,000 by City Council in Fiscal Year 2018-19 and includes the installation of an alarm system to four fire stations, all located in low-income neighborhoods. Prior to receiving these improvements, the fire stations did not meet the industry standard. HUD identified this activity as ineligible and considered it a general maintenance of government facilities. The City contested this finding as the activity was providing a facility improvement. However, HUD has reaffirmed their original position. Staff recommends that City Council approve the repayment of $47,752 to close out this finding.

Fire Station Mobile Data Equipment
This activity included the purchase of computer equipment installed in the fire vehicles that allowed staff to upload medical data directly to the hospitals to expedite life-saving measures for the patients while the patients and emergency responders are in route to the hospital. HUD deemed that this was not life-saving equipment. The City contested that the equipment supported life-saving measures, especially for those with chronic conditions or pose unique barriers to adequate healthcare. HUD has reaffirmed their original position deeming the activity ineligible. Staff recommends that City Council approve the repayment of $125,000 to close out this finding.

Since HUD’s monitoring letter, the Housing Department has diligently worked with HUD to address all findings. On May 9, 2022, Housing Department staff submitted updated Community Development Block Grant Policies and Procedures to HUD for their approval. HUD requested that the policies and procedures be updated to better align the Housing Department’s internal systems and federal regulations.

The City of Oxnard sent a subsequent letter to HUD addressing all the remaining findings, including the subject remittance payment. Staff notified HUD of the proposed action before you today, requesting the use of General Funds for the payment remittance. In the same letter, Housing Department staff also requested that HUD not require the remittance payment, and take into consideration the challenges the pandemic imposed on the City of Oxnard.

STRATEGIC PRIORITIES

The Community Development Block Grant program supports both the Economic Development and Quality of Life strategies.

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 CDBG program is typically self-sustaining. It does not require matching funds, and the program has some administrative funding to support most administrative staff and resources needed to operate the CDBG program. When activities are deemed ineligible in instances such as a monitoring visit, HUD has the option to request repayment of funds.

The fiscal impact for this item, if HUD does not agree to waive the reimbursement, is to increase FY 2021-22 spending in the general fund in the amount of $369,083.20.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. HUD Monitoring Review Report Letter dated November 26, 2021

2. City Response Letter dated February 8, 2022

3. HUD Monitoring Review Report Letter dated May 2, 2022

4. City Response Letter dated May 9, 2022
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U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Los Angeles Field Office, Region IX
300 N. Los Angeles Street, Suite 4054
Los Angeles, California 90012

October 21, 2024

Alexander Nguyen, City Manager
City of Oxnard
300 W. Third Street
Oxnard, CA 93030

Dear Mr. Nguyen:

SUBJECT: Fiscal Year 2024 Risk-based Technical Assistance Opening Findings Response #1
Community Development Block Grant (CDBG) Program
August 12 through August 16, 2024
From August 12 through August 16, 2024, this Office provided a hybrid onsite and remote Risk-based Technical Assistance (RBTA) to your CDBG programs in order to resolve open monitoring findings remaining for HUD’s November 26, 2021, Monitoring Report. As detailed in the September 3, 2024, RBTA Summary of Conclusions letter, HUD was able to close six (6) of the open findings based on the corrective actions made by city staff during the RBTA session. For the two (2) remaining open findings, the city was given the option to provide additional supportive documentation within thirty (30) days in order for HUD to review and make a determination on the current status of the open findings.

Status Summary:

In a September 16, 2024, email, the city provided supportive financial documentation to address the voucher associated with Finding #11. As a result, which is detailed below, while this additional documentation did not close the finding, it revised the repayment amount for the specific portion of the finding affecting the city’s overall repayment responsibility. This summarizes the status of the FY21 open monitoring findings, inclusive of prior responses and the most recent response provided:

Finding
#
Finding Status
#1 Fair Housing Eligibility Closed on June 3, 2024
#2 Fire Station Equipment and Vehicles Open
#3 Citywide Homebuyer Loan Program Closed on June 3, 2024 #4 Conflict of Interest Closed on September 3,
2024, based on RBTA
#5 Time and Activity Sheets Closed on June 3, 2024
#6 Lead-Based Paint Closed on June 3, 2024
#7 The City’s written policies and procedures did not
conform to other applicable requirements in 2 CFR
part 200
Closed on September 3,
2024, based on RBTA
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2 Finding
#
Finding Status
#8 Documentation was not sufficient to detail the
procurement history of sampled procurement
transactions.

Closed on April 29, 2022
#9 Procurement Procedures for both Housing Services
Programs and the Fire Department Activities.

Closed on September 3,
2024, based on RBTA
#10 The City’s Financial Management System does not
comply with all criteria identified within the
financial standards found within 2 CFR Part 200.

Closed on October 21,
2024
#11 Source documentation did not support all
expenditure costs of select vouchers reviewed
Open
#12 The City’s record retention and access policy did not comply with 2 CFR part 200 requirements
Closed on September 3,
2024, based on RBTA
#13 The City did not provide written documentation to
support an internal control self-assessment nor
measures to safeguard protected personally
identifiable (PII) information.

Closed on September 3,
2024, based on RBTA
#14 HUD is unable to determine if measures are in place to ensure HUD awards are charged no more than a
reasonably proportionate share of costs
Closed on April 29, 2022
#15 The City’s equipment records do not comply with all requirements of part 200
Closed on September 3,
2024 based on RBTA
#16 2015 Finding Three: Rental Project Terry’s Place Closed on April 29, 2022 #17 2015 Finding Five: Environmental Review Process Closed on June 3, 2024 2018 #2 Lead-based Paint Inspection and Interim Measures Closed on November 26, 2021
2015 #7 (2012 Re-opened Finding): Eligibility and
Classification
Closed on November 26,
2021

Enclosed please find the results of our office’s review of your most recent response.

Should you need to further discuss the contents of this response, please contact Roy Mata at 213-534-25721 or via email at [email protected].

Sincerely,

Ray Webster, Acting Program Manager
Office of Community Planning
and Development

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3 HUD Open Findings Review
October 21, 2024

Finding #2: Fire Station Equipment and Vehicles
Corrective Action: To address this deficiency, Oxnard is requested to take the following action(s):

1) Remit costs associated with the purchase of the ineligible items noted above back to the 2018 and 2019 CDBG line of credit for the ineligible expenses completed under the following activities:

a) Operations Chief Mobile Command (IDIS Activity 2252) b) Fire Station Alerting (IDIS Activity 2312),
c) FD-Mobile Data Equipment (IDIS Activity 2319)

2) For ALS Program Enhancement (IDIS Activity 2311), submit a breakdown of documented time of eligible as well as ineligible roles associated with the PSV. Based on the information provided, the City is to remit to its CDBG line of credit the costs associated with all service time spent on the ineligible roles.

HUD Response Prior to RBTA : HUD has made the following determination to each of the portions of this Finding as detailed below. Furthermore, in light of the request for complete or partial forgiveness, HUD regrets to inform that City that full or partial forgiveness cannot be granted. We acknowledge the potential economic consequences that the repayment and the Coronavirus pandemic may have imposed on the City. However, it is important to emphasize that the purpose of the monitoring process is to ensure compliance with HUD regulations and address any improper use of funds. The identification of ineligible use of funds necessitates the corrective action of complete reimbursement to the 2018 and 2019 CDBG line of credit.

1) This part of the Finding remains Open. Based on the City’s response that it is preparing the remittance as well as its request for full or partial forgiveness, this part of the Finding remains open until the City provides documentation verifying the full amounts associated with the costs of 1a, 1b, and 1c have been remitted specifically to the 2018 and 2019 CDBG line of credit.

In addition, while the remittance amounts provided by the City for a) Operations Chief Mobile Command in the amount of $120,000 and Mobile Data Equipment in the amount of $125,000 are the accurate amounts to be remitted, the $47,752 amount provided for b) Fire Station Alerting System in the July 1, 2022, response letter is not accurate. The appropriate amount for remittance for the fire station alerting system as identified in HUD’s November 26, 2021, Monitoring Report is $225,000.

Please make the necessary adjustments to remit the correct amount of $225,000 associated with b) Fire Station Alerting System to close this part of the Finding.

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4 2) This part of the Finding remains Open. Based on the City’s response that it is preparing the remittance as well as its request for full or partial forgiveness, this part of the Finding remains open until the City provides documentation verifying the full amount of $69,343.11 for costs associa ted with Advanced Life Support (ALS) Program Enhancement has been remitted to th e CDBG line of credit.

Finding #11: Source documentation did not support all expenditure costs of select vouchers reviewed.

Corrective Action: To address this deficiency, Oxnard is requested to take the following action(s):
1) Remit $5,137.16 from non-federal funds back to the 2019 CDBG line of credit for the ineligible expenses completed under the Community Camera activity.

2) For the unsupported costs of $238,385.41, provide the appropriate source documentation.

3) From voucher 6474810, provide appropriate source documentation to support $423.06 in CDBG expended costs.

The source documentation provided should show the origin of the expense. Remitted funds must come from a non-Federal funding source and be received by HUD within 30 days from receipt of this letter.

HUD Response Prior to RBTA : HUD has made the following determination to each of the parts of this Finding as detailed below. In addition, in response to the City’s request for full or partial forgiveness, HUD will not be able to grant full or partial forgiveness. While we understand the economic impact the repayment and Coronavirus pandemic may have on the City, the purpose of the monitoring is to determine compliance with HUD regulations and the ineligible use of funds Finding warrants the corrective action of full remittance to th e appropriate CDBG line of credit.

1) This part of the Finding remains open. The City indicated that it scheduled a request to reimburse funds for the ineligible cost in the amount of $5,137.16 on the City Council agenda on July 5, 2022. As noted above, full, or partial forgiveness has not been granted. To close this part of the Finding, please proceed with the reimbursement and submit evidence that the reimbursement has been completed.

2) This part of the Finding remains open. The City indicated that it scheduled a request to reimburse funds for the ineligible cost in the amount of $1,851.04 on the City Council agenda on July 5, 2022. As noted above, full, or partial forgiveness has not been granted. To close this part of the Finding, please proceed with the reimbursement and submit evidence that the reimbursement has been completed.

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5 3) This part of the Finding remains open. The initial request in the Corrective Action was for documentation to support the three activities identified under voucher 6410895 (Homeless Shelter Building Improvements, Community Center East Park Improvements, and Enhanced Medical Services Equipment). The documentation initially provided by the City supported expenditures for the Homeless Shelter Building Improvements activity. Oxnard subsequently provided additional documentation for the remaining activities, however, for the Community Center East Park Improvement activity, the additional documentation only supported $112,267.72, which leaves a remaining unsupported balance of $7,815.61. To correct this Finding, the City will need to provide documentation to support the $7,815.61 costs for the Community Center East Park Improvements activity or remit from non-Federal funds back to the CDBG grant of origin.

Outstanding Issues/Areas for Improvement

During the provision of RBTA, the issues referenced above could not be resolved based on the additional documentation provided during and immediately following the RBTA session in order to ensure compliance and strengthen program performance.

Recommendation #1: Finding #2: Remains Open.

Description of Issue: The ineligible costs of $362,095.73 associated with this Finding will need to be repaid by the City or, otherwise, be part of the total $376,899.54 requested by the City as a Voluntary Grant Reduction (VGR).

Action Steps: The City is to notify HUD if the costs associated with this Finding along with those in Finding #11 will be repaid or be included in the request for Voluntary Grant Reduction. If the City decides that it will submit a VGR, this request will be submitted after the City makes public its proposal to reduce its grant, in accordance with the consolidated plan regulations at 24 CFR part 91, and after it receives City Council approval.

Recommendation #2: Finding #11 Remains Open: Source documentation did not support all expenditure costs of select vouchers reviewed.

Description of Issue: HUD’s 2021 Monitoring Report dated November 29, 2021, determined that source documentation did not support costs for several vouchers reviewed. Prior to the RBTA review, the following $14,803.81 voucher expenses with insufficient documentation were to be repaid as instructed in the most recent Corrective Action: $5,137.16, $1,851.04, and $7,815.61. While the City confirmed the $5,137.16 and $1,851.04 for repayment, staff met with and provided HUD with additional source documentation to resolve the $7,815.61 portion of the Corrective Action and eliminate this cost from the repayment or VGR total. Based on the review, HUD determined the additional documentation did not support the $7,815.61 expense to permit this amount be eliminated from the repayment or VGR total and to Close this Finding.

Action Steps: The City will have 30 days from the date of this letter to provide additional documentation for HUD to determine if it is satisfactory in supporting the $7,815.61 cost. After this time, the City is to notify HUD if the costs associated with this Finding along with those in Finding #2 will be repaid or be included in the request for 1078
6 Voluntary Grant Reduction. If the City decides that it will submit a VGR, this request will be submitted after the City makes public its proposal to reduce its grant, in accordance with the consolidated plan regulations at 24 CFR part 91, and after it receives City Council approval.

Grantee’s Response:

Recommendation #1: Finding #2:

The City acknowledges and confirms the revised repayment amount for Finding #2 as $362,095.73 as detailed in the Oxnard 2021 CDBG Repayment Amount table below which reports the current repayment total for both Finding #2 and Finding #11.

Recommendation #2: Finding #11
In a September 16, 2024, email, the city provided supportive financial documentation to address the voucher associated with Finding #11. The supportive documentation consisted of payroll distribution history reports for staff associated with the $7,815.61 expense associated with voucher 6410895 reviewed by HUD during the 2021 monitoring period.

HUD Response: HUD has made the following determination to each of the portions of this Finding as detailed below.

Finding #2
At this time, the City is to notify HUD if the costs associated with this Finding along with those in Finding #11 will be repaid or be included in the request for Voluntary Grant Reduction.

Finding #11
HUD has reviewed the supportive financial documentation submitted in the September 16, 2024 email and has determined the additional information provi ded supports the questioned costs and this portion of the finding associated solely with the $7,815.61 voucher for the Community Center East Park Improvements activity is now closed. HUD strongly advises the City to implement internal control procedures that ensure City employees clearly identify in its timesheets the number of hours worked within each funded program , and both employees and supervisors sign off on timesheets certifying the completeness and accuracy. It is strongly advised that the City has i n place financial standards aligning with 2 CFR Part 200.302(b) that clearly identifies the source and application of HUD funds. Account records should identify the specific grant award number, grant year, and Assistance Listing (CFDA) title and number . The City’s financial management system should allow HUD to easily trace CPD funds receipted and expended for eligible C PD programs.

Based on the current status of open Findings #2 and #11 and HUD’s response noted above following the City’s submission of additional supportive documentation for Finding #11 on September 16, 2024, the Oxnard 2021 CDBG Repayment Amount has been revised as shown below:

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7 OXNARD 2021 CDBG REPAYMENT AMOUNT

FINDING ITEM/ACTIVITY REPAY AMOUNT
2 Ops Chief Mobile Command (2252) $ 120,000.00 2 Fire Station Alerting (2312) $ 47,752.52 2 FD Mobile Data Equip (2319) $ 125,000.00
2 ALS Program Enhancement $ 69,343.21
11 Voucher 6326046 $ 5,137.16
11 Voucher 6304219 $ 1,851.04
11 Voucher 6410895 $ 0.00
Repayment Total $ 369,083.93

NEXT STEPS

The City will have 30 days from the date of this letter to notify HUD if the costs associated with Finding #2 and Finding #11 will be repaid in full or be included in the request for Voluntary Grant Reduction. If the City decides that it will submit a VGR, this request will be submitted after the City makes public its proposal to reduce its grant, in accordance with the consolidated plan regulations at 24 CFR part 91, and after it receives City Council approval.
1080
Remittance
Of
Community Development Grant Funds
Emilio Ramirez, Director
Housing Department
City Council
December 3, 2024
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Community Development Block Grant
2 1. The Community Development Block Grant Program supports community development activities to build stronger and more resilient communities

2. Eligible activities may address needs such as infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance and acquisition, microenterprise assistance, code enforcement, and homeowner assistance

3. The City of Oxnard average annual allocation is approximately $2.1M 1082
Ineligible Projects & Remittance
3 Open findings are based on a determination of ineligible expenses deemed to not be life saving measures where HUD seeks remittance of the funds

1. Program Administration ($1,851.04)

2. Police Community Cameras ($5,137.16)

3. Fire Operations Chief Mobile Command ($120,000)

4. ALS Paramedic Support ($69,343.21)

5. Fire Station Alerting System ($47,752.52)

6. Fire Station Mobile Data Equipment ($125,000)
Amount to be Repaid: $369,083.93
HUD has agreed to close these findings upon remittance of up to $369,083.93 back to the City of Oxnard’s Community Development Block Grant line of credit with HUD
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Recommendation
4 That the City Council:

2. Authorize the City Manager, or designee, to appropriate up to $369,083.93 from the City’s General Fund (101) available fund balance; and

Oxnard City CouncilDecember 3, 2024

Oxnard City Council
December 3, 2024