Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.gov.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street January 21, 2025
Closed Session - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 873 7874 9647
3. Passcode: 845565
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.GOV.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request. 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 21, 2025 PAGE 2
3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Jeff Muzzin v. City of Oxnard
Workers' Compensation Case No.: ADJ14304792
Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
E. CEREMONIAL ITEMS
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 21, 2025 PAGE 3
on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Minutes of the regular City Council meeting of December 17, 2024; and Minutes of the special City Council meeting of December 30, 2024.
RECOMMENDATION: That the City Council approve the minutes.
Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.
RECOMMENDATION: That the City Council receive and file the update on the Financial Corrective Action Plan (FCAP) for closing past audit findings. (Finance and Governance Committee approved 3-0 on December 10, 2024) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
3. Public Works Department
SUBJECT: Public Project Agreement 32500302 with Jaynes Brothers Construction, Inc. for the Citywide Playground Replacement Project - Carty Park Specification No. PW 24-125.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $203,063.30 in Project funds for the Citywide Playground Replacement Project - Carty Park Specification No. PW 24-125;
2. The Mayor to Execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $169,219.30 and a Project contingency amount of $16,922 (~10%) for a total not to exceed value of $186,141.30 for the Project; and
3. A Project allocation amount of $16,922 (~10%) for engineering, inspection, survey and project management for the Project.
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 21, 2025 PAGE 4
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Trade Service Agreement 32500347 with Premier Property Preservation, LLC for Janitorial Services at City Park Restrooms.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Premier Property Preservation, LLC for an initial term of three years from February 1, 2025, to January 31, 2028, with the option for two one-year extensions ending January 31, 2030, for a total not to exceed amount of $1,860,000 for janitorial services at various City park restrooms.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
L. PUBLIC HEARINGS
1. Housing Department
SUBJECT: Second Substantial Amendment to the 2023-24 Annual Action Plan. (10 minutes)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing and receive comments related to the Substantial Amendment to the Fiscal Year 2023-2024 Annual Action Plan;
2. Approve a Substantial Amendment to the 2023-2024 Annual Action Plan, reallocating Community Development Block Grant and HOME Investment Partnership Program funds;
3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendment to the United States Department of Housing and Urban Development;
4. Authorize the City Manager and his designees, to execute the appropriate agreements with subrecipients, and to adjust any of the funding activities, not to exceed ten percent, if the programs require more or less funding to meet their objectives; and,
5. Authorize the City Manager and his designees, to appropriate and recognize grant revenue, for HOME Investment Partnership Program (Fund 202) and Community Development Block Grant (Fund 201) funds to the proposed activities identified in this staff report.
(The Community Services, Public Safety, Housing and Development Committee approved 3-0 on December 10, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/l6jQPQ_lFFY
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
M. ADJOURNMENT
4 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: January 21, 2025
TO: City Council
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Minutes of the regular City Council meeting of December 17, 2024; and Minutes of the special City Council meeting of December 30, 2024.
RECOMMENDATION
That the City Council approve the minutes.
BACKGROUND
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. City Council Minutes of the Regular Meeting of 12-17-2024
2. City Council Minutes of the Special Meeting of 12-30-2024
5 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
December 17, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:02 p.m., Mayor Luis Mc Arthur called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 West Third Street, Oxnard, California.
The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments.
C. CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Ashley Golden, Assistant City Manager, Steve Naveau, Director of Human Resources, Jason Benites, Police Chief, and Alexander Hamilton, Fire Chief
Employee organization: Oxnard Public Safety Managers Association (OPSMA) At 5:04 p.m., the City Council recessed into a closed. At 6:11 p.m. the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that there was no action to report regarding Closed Session Item C-1.
Staff members present were Alexander Nguyen, City Manager; Stephen Fischer, City Attorney; Ashley Golden, Assistant City Manager; Emilio Ramirez, Housing Director; and Lourdes A. López, City Clerk.
D. OPENING CEREMONIES
Mayor Pro Tem Teran led the pledge of allegiance followed by a moment of silence. 6 OXNARD CITY COUNCIL
December 17, 2024 PAGE 2
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Lang Martinez (homeless advocate); Fernando Gutierrez (crime and reduction of sales tax); David Goodman (support of Mayor); Alex Ruis (newly elected Councilmembers); Lindy Levin (Ventura Road near railroad crossing); Jim Carr (Colony storm drain); Kyle Emmanuel De La Torre (safety concerns at Channel Islands and J Street); Itandehui Morales (working together); Alexis Schmidt (support for Mayor and City committees); Dan Pinedo (remember your oath); and Doug Partello (change is difficult).
F. REPORT OF THE CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY No report.
G. CITY COUNCIL COMMITTEE REPORTS
Councilman Starr: 1) attended the annual corporate meeting of the Association of Water Agencies of Ventura County and had an extensive conversation with Lynn Maulhardt. It might be worthwhile to invite Mr. Maulhardt or the United Water Conservation District’s General Manager to discuss increasing the availability of water; 2) visited the intersection of Roosevelt and First Streets, where there was a traffic collision; and 3) Congratulated Pacific High School football team and would like to recognize them the team at a future City Council meeting.
Councilwoman Basua: 1) wished everyone happy holidays; and 2) would like to get an update on the property at Saviers Road and Channel Islands Boulevard.
Councilwoman Perez: 1) looks forwards to connecting with neighborhood Council Chairs; 2) announced upcoming neighborhood council meetings for District 6: December 18th for Southwinds and January 15th for Blockstock South; 3) toy distributions; and 4) annual masa distribution by Port of Hueneme.
Councilmember Perello: 1) announced upcoming neighborhood council meetings: Cal Gisler on Dec. 17th and Oxnard Dunes and Rose Park on December 18th; 2) update on the electronic voting board; 3) Fremont South past chair concern with dust and soil; and 4) improvement to educational system, the City Council is not involved with that.
Mayor Pro Tem Teran: 1) RiverPark Neighborhood Council; 2) attended birthday celebration for Ruth Zavala who turned 106 years old; 3) dirt stock pile that was moved by the Department of Airports; 4) City Council procedures manual; and 5) Ventura County Resources: crisis and referral line.
7 OXNARD CITY COUNCIL
December 17, 2024 PAGE 3
Mayor Mc Arthur: 1) reflected on the December 11th meeting and did not mean offend anyone. Wants to create a better quality of life for our residents; 2) would like to have a discussion on seating arrangements and for it to be included in the City Council procedures manual; 3) attended a soccer event at Pierce College with about 60 students; 4) participated in a celebration for the Virgin Mary on East Pleasant Valley Road with Tlaxcala Mexico; and 5) breakfast at the Colonia senior center.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Councilmembers requested that Item Nos. 4, 6, 7, 8, 9, 10 were reviewed and discussed among the Council and staff. Mayor Pro Tem Teran announced that he is abstaining from Item No. J-9, due to the nature of his work including professional work with the County of Ventura. Councilwoman Basua abstaining on Item J-11.
The Public Works Director provided some minor changes to the agreement for Item No. J-5 to reflect the bidder’s documents received during the bid process.
J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of November 19, 2024 regular meeting as presented.
2. Fire Department
SUBJECT: Authorization to Submit FEMA and Homeland Security Grant Applications.
RECOMMENDATION: That the City Council adopt Resolution No. 15,841 that:
1. Ratifies the submission of six (6) grant applications to the FEMA Assistance to Firefighters Grant (AFG) for $1,474,000, including a $134,000 local match for the purpose of procuring four (4) paramedic monitors, a paramedic squad, EMS training equipment, radio reprogramming training, eight (8) tethered drones, and HazMat training;
2. That authorizes the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;
3. That authorizes the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 26, 2024).
3. Fire Department
SUBJECT: Authorization to Submit FEMA Assistance to Firefighters Grant 8 OXNARD CITY COUNCIL
December 17, 2024 PAGE 4
Application.
RECOMMENDATION: That the City Council adopt Resolution No. 15,842 that:
1. Ratifies the submission of one (1) grant application to the FEMA Assistance to Firefighters Grant (AFG) for $506,673 including a $46,061.18 local match for the purpose of fire prevention training for the Oxnard Fire Department Prevention Bureau.
2. That authorizes the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;
3. That authorizes the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports. (This item did not originate in committee due to impending grant deadline.) Legislative Body: City Council
5. Public Works Department
SUBJECT: Public Project Agreement 32500303 with Jaynes Brothers Construction, Inc. for Citywide Playground Replacement Project - College Estates Park, Specification No.
PW 24-126.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $239,993.90 in Project funds for the Citywide Playground Replacement Project - College Estates Park, Specification No. PW 24-126;
2. The Mayor to Execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $199,993.90 and a Project contingency amount of $20,000 (~10%) for a total not to exceed value of $219,993.90 for the Project; and
4. A Project allocation amount of $20,000 (~10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
6. Public Works Department
SUBJECT: Public Project Agreement 32500304 with R.E. Schultz Construction, Inc. for Citywide Playground Replacement Project - Fremont Tot Park, Specification No. 25-48.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $386,220 in Project funds for the Citywide Playground Replacement Project - Fremont Tot Park, Specification No. 25-48;
2. The Mayor to Execute an Agreement with R.E. Schultz Construction, Inc. in the amount of $321,850 for and a Project contingency amount of $32,185 (10%) for a total 9 OXNARD CITY COUNCIL
December 17, 2024 PAGE 5
not to exceed value of $354,035 for the Project; and
3. A Project allocation amount of $32,185 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
7. Public Works Department
SUBJECT: Annual Purchase Orders with SiteOne Landscape for Landscape Supplies, Specification No. 25-11.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute annual Purchase Orders with SiteOne Landscape from December 18, 2024, through December 17, 2029, for a total not to exceed amount of $1,000,000 for landscape supplies.
(Public Works and Transportation Committee approved 3-0 on November 26, 2024.)
8. Public Works Department
SUBJECT: Agreement 32500260 with Northhills Recycling for On-Call Engineered Fiber, Mulch and Bark Delivery and Services, Specification No. PW 24-133R.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Northhills Recycling for a term of one year from December 18, 2024, to December 17, 2025, for a total contract amount not to exceed $500,000 for on-call engineered fiber, mulch, and bark delivery and services.
(Public Works and Transportation Committee approved 3-0 on November 26, 2024.)
9. Public Works Department
SUBJECT: Multi-Agency Agreement 32500282 for Funding Santa Clara River Monitoring Program.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Memorandum of Agreement (MOA) among the County of Ventura, the Ventura County Watershed Protection District, City of Fillmore, City of Oxnard, City of Santa Paula, and City of San Buenaventura (Parties), for the sharing of costs to fund the Santa Clara River (SCR) Total Maximum Daily Load (TMDL) monitoring program. (This item did not originate in Committee as this is a continuation of an item previously approved by Council at the October 4, 2016, City Council meeting, Agreement A- 7917.)
10. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only. 10 OXNARD CITY COUNCIL
December 17, 2024 PAGE 6
RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period June 13, 2024 through December 5, 2024. (This item did not originate in Committee.)
11. Housing Department
SUBJECT: Ground Lease Agreement between the City of Oxnard and Catalyst Family Incorporated.
RECOMMENDATION: That the City Council:
Approve and authorize the Mayor to execute a five-year ground lease between the City of Oxnard and Catalyst Family, Inc, a non-profit California public benefit corporation, at a monthly lease rate of $3,645.83, for a 17,500 square foot area in Colonia Park located at 170 North Juanita Avenue for the purpose of childcare services. (This item did not originate in Committee.)
No public comments.
Consent Items J 1-3, 5 (as amended) - 8 and 10
It was moved by Councilman Starr, seconded by Councilwoman Rodriguez, to approve the recommended action as presented. VOTE: Basua, Mc Arthur, Perello, Perez, Rodriguez, Starr, and Teran voted in favor; motion passed 7-0.
Consent Item J-9
It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, and Basua voted in favor; motion passed 6-0-1 with Mayor Pro Tem Teran recused himself from participating in the discussion and vote on this item due to a potential remote conflict of interest arising from his professional contract work for the County of Ventura.
Consent Item J-11
It was moved by Mayor Pro Teran, seconded by Councilwoman Rodriguez, to approve the recommended action as presented. VOTE: Perello, Perez, Rodriguez, Starr, Teran, and Mc Arthur voted in favor; motion passed 6-0-1 with Councilwoman Basua recused herself because of the potential conflict of interest regarding the future use of vendor in her employment capacity.
K. REPORTS
1. Housing Department
SUBJECT: Consultant and Professional Services Agreement for Real Estate Services with CBRE. (10 minutes)
RECOMMENDATION: That the City Council:
11 OXNARD CITY COUNCIL
December 17, 2024 PAGE 7
1. Approve and authorize the Mayor to execute a Consultant and Professional Services Agreement (Agreement No. 325001360) with CBRE for Real Property Services for an initial term of 18 months with three one year options to extend, for an agreement amount not to exceed $675,000
(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)
Emilio Ramirez, Housing Director answered questions. No public comments were received.
It was moved by Councilman Starr, seconded by Councilwoman Rodriguez, to approve the recommended action: VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua and Mc Arthur voted in favor; motion passed 7-0
2. Public Works Department
SUBJECT: Public Project Agreement 32500276 with Ayala Engineering, Inc. for Eastern Trunk Sewer Manhole Rehabilitation, Phase 1 (Rebid No. 2), Specification No.
PW 22-25R2. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $3,427,200 in Project funds for the Eastern Trunk Sewer Manhole Rehabilitation, Phase 1,(Rebid-2), Specification No. PW 22-25R2;
2. The Mayor to Execute an Agreement with Ayala Engineering, Inc. for $2,856,000 and a Project contingency amount of $285,600 (10%) for a total not to exceed value of $3,141,600 for the Project; and
3. A Project allocation amount of $285,600 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Tim Beaman, Assistant Public Works Director and Michael Wolfe, Public Works Director answered questions. No public comments were received.
It was moved by Councilwoman Basua, seconded by Councilman Starr, to approve the recommended action: VOTE: Perez, Rodriguez, Starr, Teran, Basua, Mc Arthur, Perello voted in favor; motion passed 7-0
3. Public Works Department
SUBJECT: Public Project Agreement 32500284 with California Skateparks for Design- Build of the Skate Park at Del Sol Park Specification No. PW 23-35. (10 minutes) RECOMMENDATION: That the City Council approve and authorize:
12 OXNARD CITY COUNCIL
December 17, 2024 PAGE 8
1. A total of $4,500,000 in Project funds for the Design-Build of the Skate Park at Del Sol Park Specification No. PW 23-35;
2. The Mayor to Execute an Agreement with California Skateparks in the amount of $4,090,909 with California Skateparks;
3. A Project allocation amount of $409,091 (~10%) for engineering, inspection, survey and project management; and
4. A budget appropriation in the amount of $100,000 from the available fund balance in the Development Impact Fee Fund (350, sub-fund 8020) to the Skatepark in Colonia Capital Improvement Project (C2249) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Taylor Gambino, Project Manager and Michael Wolfe, Public Works Director answered questions. Public comments were received from Tom Garcia (questioned the site location for this project and daily usage).
It was moved by Councilwoman Perez, seconded by Mayor Pro Tem Teran, to approve the recommended action: VOTE: Rodriguez, Starr, Teran, Basua, Mc Arthur, Perello, and Perez voted in favor; motion passed 7-0
4. City Manager Department
SUBJECT: Accept a grant from the California State Department of Water Resources in the amount of $1,000,000 for the Santa Clara River Levee 3 Construction Project. (10 minutes)
RECOMMENDATION: That the City Council:
1. Adopt a Resolution authorizing the City of Oxnard to enter into Agreement No. 4600015992 with the State of California Department of Water Resources to receive funds for the Santa Clara River Levee Construction Project and authorizing the City Manager or designee to execute the agreement on behalf of the City;
2. Accept a grant from the California State Department of Water Resources in the amount of $1,000,000 for the Santa Clara River Levee Construction Project; and
3. Authorize the City Manager or designee to execute the grant agreement and submit financial reports, grant claims, and approve the necessary budget appropriations for the use of the grant funds.
Adam Smith, Project Manager and Gerald Kapuscik, Manager, Strategic Resiliency Group with the County of Ventura were available to answer questions. Public comments were received from: Paul Schnebelen (supports SCR); and Steve Nash (supports the action).
13 OXNARD CITY COUNCIL
December 17, 2024 PAGE 9
It was moved by Councilman Starr, seconded by Councilmember Perello, to approve the recommended action: VOTE: Starr, Teran, Basua, Mc Arthur, Perello, Perez, and Rodriguez voted in favor; motion passed 7-0
5. Public Works Department
SUBJECT: Second Amendment to Golf Management Agreement A-8157 and Additional Budget Appropriations. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:
1. The Mayor to execute a Second Amendment to the Golf Course Management Agreement with American Golf Corporation for a time extension only for an additional term of four months ending on June 30, 2025; and
2. The recognition of additional golf course revenues in the amount of $353,550 and appropriate an amount not to exceed $662,890 for FY 2024-25 expenses in the Golf Course Operating Fund (651).
(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on June 4, 2024.)
Steve Howlett, Assistant Public Works Director and Michael Wolfe, Public Works Director answered questions. Public comments were received from: Ray Blattel (questioned the expenses); Doug Partello (concerned with contract); and Pat Brown (supports golf course and levee).
It was moved by Councilman Starrz, seconded by Councilwoman Rodriguez, to approve the recommended action: VOTE: Basua, Mc Arthur, Perello, Perez, Rodriguez, Starr, and Teran voted in favor; motion passed 7-0
L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 10:01 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor
14 MINUTES
OXNARD CITY COUNCIL
Special Meeting
December 30, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:04 p.m., Mayor Luis Mc Arthur called to order the special meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 West Third Street, Oxnard, California.
The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present.
Mayor Pro Tem Teran led the pledge of allegiance followed by a moment of silence in honor of former President Jimmy Carter.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. CITY COUNCIL BUSINESS
1. City Attorney Department
SUBJECT: Closed Session Participation
RECOMMENDATION: That the City Council consider whether Councilmember Starr can participate in a closed session discussion regarding the pending litigation in Moving Oxnard Forward, Inc. v. Ascension, United States Court of Appeals for the Ninth Circuit (No. 21-56295; D.C. No. 2:20-cv-04122-CBM-AFM), in which Councilmember Starr is the president and chief executive officer of the named plaintiff-appellant.
Councilman Starr provided comments and stated that Moving Oxnard Forward, Inc. is a non-profit organization and that his Attorney Chad D. Morgan is handling this case on a contingency case. Councilman Starr provided copies of an opinion letter from the FPPC and stated that at this time, he is waiving his right to participate in closed session.
Written comments were received from: Rene Aiu; Debbie Mitchell; Steven Nash; Erica Garcia; Ted Maloney; and Jose Guzman.
Public comments were received from Michael Gleason; Dan Pinedo; Douglas Partello; Barbara Macri-Ortiz; Manuel Herrera; Larry Barbarine; Debbie Mitchell and Chad D.
Morgan, Attorney representing Moving Oxnard Forward, Inc.
Discussion ensued among Councilmembers.
15 OXNARD CITY COUNCIL
December 30, 2024 PAGE 2
C. CLOSED SESSION
Public comments were received from Douglas Partello; Alicia Percell and Michael Gleason.
Chad D. Morgan, Attorney representing Moving Oxnard Forward, Inc. (work to put this behind us).
D. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(D)(1).
Name of Case: Moving Oxnard Forward, Inc. v. Ascension
United States Court of Appeals for the Ninth Circuit (No. 21-56295; D.C. No. 2:20-cv- 04122-CBM-AFM)
Government Code section
At 6:00 p.m., the City Council recessed into a closed. At 6:39 p.m. the City Council reconvened in an open session in the Council Chambers. The City Attorney stated that, by unanimous vote of the Councilmembers present in closed session and noting again from earlier that Councilman Starr did not participate in closed session, the City Council has given its legal counsel approval to seek en banc review in the case of Moving Oxnard Forward, Inc. v Ascension regarding the constitutionality of campaign contribution limits placed on the ballot by the City Council and adopted by the Oxnard voters.
L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 6:40 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor
16 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: January 21, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.
RECOMMENDATION
That the City Council receive and file the update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.
(Finance and Governance Committee approved 3-0 on December 10, 2024)
BACKGROUND
The City’s annual audit for FY 2014-15 produced 111 single-audit findings. These findings primarily concerned the City's policies and procedures (or lack thereof) for accounting and financial management. Between fiscal year 2016 through the fiscal year ended June 30, 2018, the City’s annual audits continued to identify new findings in the double digits. For FY 2019-20, there was one additional audit finding, for Information Technology General Controls, which was communicated to City Council via a separate confidential written report due to its sensitive nature For FY 2020-21, there was one new finding for accounting and financial management, but only two earlier audit findings remained unresolved, and there were no material weaknesses. For FY 2021-22, there were no new findings for accounting and financial management; only two prior findings remained unresolved. FY 2021-22 was the third year in a row where the City had no material weaknesses. For FY 2022-23, there were no new findings for accounting and financial management (for the second year in a row); only one prior finding remains unresolved. Below is a table summarizing audit finding history.
History of Findings by Fiscal Year A
# of New Finding
B
# of Repeat
Findings
C = (A+B) + Prior
Year C
Total # of Findings
FY 2014-15 111 0 111
FY 2015-16 5 0 116
FY 2016-17 10 9 135
FY 2017-18 24 13 172
FY 2018-19 8 3 183
FY 2019-20 1 0 184
FY 2020-21 1 1 186
FY 2021-22 0 0 186
FY 2022-23 0 0 186
In order to correct the various accounting and financial management audit findings, the City was required to produce a Corrective Action Plan, or CAP. This plan, updated annually, addresses all unresolved findings, and the steps and timeline to correct them. Staff created a detailed audit scorecard, and began presenting it to the Finance & Governance Committee, and to City Council, every six months.
17 DISCUSSION
As reported in April 2024, during the FY 22-23 Single Audit, Eadie + Payne determined that the City sufficiently completed the corrective action plan for the finding identified in the FY 20-21 audit related to updating the Indirect Cost Allocation Plan.
Only one finding remains outstanding, the finding related to the Information Technology General Controls. This finding has 18 parts. As reported in April, per our auditor, six parts have been completed and two are no longer required, so ten parts remain. The City has continued to make progress on the corrective actions for the finding. The City Council will continue to receive updates on the IT General Controls finding through separate confidential reports.
Overall, the City has improved accounting and financial compliance, resulting in no new findings for two consecutive years. The Finance Department proposes that this FCAP Update change from twice a year to once a year.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on December 10, 2024 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls
ATTACHMENTS
1. Update on the Financial Corrective Action Plan for Closing Past Audit Findings
18 UPDATE ON THE FINANCIAL
CORRECTIVE ACTION PLAN FOR
CLOSING PAST AUDIT FINDINGS
Presentation to Finance and Governance Committee
Jennifer Hiraoka, Senior Manager Internal Controls
December 10, 2024
19 RECOMMENDATION 2
That Finance & Governance Committee receive the update on the Financial Corrective Action Plan (CAP) for closing past audit findings and recommend staff forward the presentation to City Council.
20 AGENDA 3
• Status of Financial Corrective Action Plan - no
change since last update in April 2024
• Continued progress
21 CAP STATUS DEFINITIONS 4
Complete – Auditors have tested and determined that corrective action for the finding has been effectively implemented T o Be T ested – Policies and Procedures (P&P) approved (if applicable), training completed and corrective action ready for auditors to test during the next single audit
P&P Draft – P&P drafted but not yet approved by CFO and/or training not yet provided.
In Progress – Staff has taken steps towards implementation, but not yet drafted P&P or completed training
Not Started – Staff has not initiated mitigations, implemented resolutions or provided training
Passed/No Longer Required – Staff disagrees with the finding and/or auditors have determined corrective action is no longer required 22 5
FINDINGS STATUS (2015-2023)
(as of April ‘24)
MATERIAL
WEAKNESS
SIGNIFICAN
T
DEFICIENCY
Non-Compli
ance
Best
Practice TOTAL
TOTAL Findings 72 78 17 19 186
Repeat Findings (7) (12) (4) (4) (27)
TOTAL Unique Findings 65 66 13 15 159
COMPLETE 63 62 7 12 144
Passed / No Longer Required 2 3 6 3 14
TO BE TESTED 0 0 0 0 0
P&P DRAFT 0 0 0 0 0
IN PROGRESS 0 1 0 0 1
NOT STARTED 0 0 0 0 0
TOTAL Unresolved Findings 0 1 0 0 1
CORRECTIVE ACTION PLAN STATUS AS REPORTED IN APRIL 2024 FY 2023 SINGLE AUDIT RESULTED IN NO
ADDITIONAL FINDINGS
Second year in a row – no new audit findings!
23 REMAINING AUDIT FINDING
The one (1) outstanding remaining finding:
Prior Audit Finding: