Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
FINANCE AND GOVERNANCE COMMITTEE
Council Chambers, 305 West Third Street
January 28, 2025
Regular Meeting - 5:00 to 6:30 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 889 6243 0219
3. Passcode: 960071
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.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/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.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
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January 28, 2025 - Page 2
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, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. 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.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Finance & Governance Committee approve the minutes of the December 10, 2024 regular meeting as presented.
Contact: Luly Lopez, (805) 385-7805
D. REPORTS
1. City Manager Department
SUBJECT: Whistleblower Activity Report (10 minutes)
RECOMMENDATION: That the Finance and Governance Committee receive and file an update on the City’s whistleblower hotline.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/f4dN-Trgjck
Contact: Alexander Nguyen, (805) 385-7430
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
2 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: January 28, 2025
TO: Finance & Governance Committee
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Finance & Governance Committee approve the minutes of the December 10, 2024 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. 12 10 2024 FG Minutes
3 MINUTES
OXNARD CITY COUNCIL
FINANCE AND GOVERNANCE COMMITTEE
Regular Meeting
December 10, 2024
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 5:00 p.m., Chair John C. Zaragoza called to order the regular meeting of the Oxnard City Council Finance and Governance Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Rose Chaparro, City Clerk called the roll and announced the posting of the agenda. Chair John C. Zaragoza, Member Gabriela Basua and Member Gabe Teran were present in person.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
No public comments were received.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Finance & Governance Committee approve the minutes of the November 26, 2024 regular meeting as presented.
No public comments were received.
It was moved by Member Teran, seconded by Member Basua, to approve the Information/Consent item as presented. VOTE: Basua, Teran and Zaragoza voted in favor; the motion passed 3-0.
D. REPORTS
1. Public Works Department
SUBJECT: AD 2000-1 Improvement Fund Account Closeout and Budget Appropriation. (10 minutes)
RECOMMENDATION: The Finance and Governance Committee recommend that the City Council authorize a budget appropriation in the amount of $16,500 within account Fund 500, Subfund 50503801, for the cost of administering the Improvement Fund closeout and completing a final arbitrage rebate yield calculation; AND, approve, via resolution, a Declaration
of Surplus, one of the following three options regarding the close-out and disposition of the Limited Obligation Improvement Bonds (the “Bonds”) Account associated with the Oxnard Boulevard/Highway 101 Interchange project and approving the Closeout Report:
1) Credit the assessment levy in FY 2025-26; or
2) Call bonds ahead of schedule in FY 2025-26 and direct staff to provide annual levy credits (STAFF RECOMMENDED); or
3) Call bonds ahead of schedule in FY 2025-26 and direct staff to continue to collect in excess with the intention of authorizing additional annual bond calls, thereby reducing the outstanding principal and interest.
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December 10, 2024 - Page 2
Anthony Miller, Special Districts Manager was available to answer committee’s questions. No public comments were received. Discussion ensued among the Committee and staff. Committee members recommended option 2.
It was moved by Member Teran to recommend Option No. 2 to City Council, seconded by Member Basua, to approve the recommended action as presented. VOTE: Basua, Teran and Zaragoza voted in favor; the motion passed 3-0.
2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings. (10 minutes)
RECOMMENDATION: That the Finance and Governance Committee receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings and recommend staff forward the presentation to City Council.
Jennifer Hiraoka, Administrative Services Manager was available to answer the Committee’s questions.
No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Basua, seconded by Member Teran, to approve the recommended action as presented. VOTE: Basua, Teran and Zaragoza voted in favor; the motion passed 3-0.
E. ITEMS FOR FUTURE AGENDAS
No requests were made.
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Zaragoza adjourned the meeting at 5:28 p.m.
__________________________________ ______________________________________ LOURDES A. LÓPEZ JOHN C. ZARAGOZA City Clerk Chair
Notes:
Minutes prepared by Lourdes A. López, Oxnard City Clerk
5 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: January 28, 2025
TO: Finance & Governance Committee
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: Whistleblower Activity Report (10 minutes)
RECOMMENDATION
That the Finance and Governance Committee receive and file an update on the City’s whistleblower hotline.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/f4dN-Trgjck
BACKGROUND
The Oxnard City Council adopted a whistleblower hotline policy on April 5, 2016. That policy states that the City will take all appropriate steps to thoroughly evaluate any allegation of improper governmental action that is brought to its attention. An “improper governmental action” is defined as “any activity by a local agency or employee that is undertaken in the performance of the employee’s official duties, including activities deemed to be outside the scope of his or her employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct.” The policy further states that the City establish a whistleblower hotline to receive and investigate allegations of possible City fraud, waste and abuse.
These complaints must remain confidential, and the identity of the complainant may not be revealed without the permission of the complainant, except to an appropriate law enforcement agency conducting a criminal investigation.
The Whistleblower system itself (online portal and call center) is managed by Syntrio, Inc.. Vasquez & Company provides internal auditing review for complaints received. Upon receipt of a complaint, the Internal Auditor may conduct an investigation into the facts alleged in the complaint to determine whether an improper governmental action has occurred. The Internal Auditor will first screen the allegation to determine merit and relevance, and then the possible risk to the City, among the following three options:
1. High Priority – Matters that are considered high priority could include: potential loss to the City of more than $75,000, high level management involvement, collusion of multiple wrongdoers, major department-wide issues, or the need for immediate action to stop a potential major issue.
2. Medium Priority – Matters that are considered medium priority could include: potential loss to the City of more than $25,000, include abuse of authority, medium-to-low level employee involvement, minor department- wide issues, or patterns of small issues that could be significant cumulatively.
3. Low Priority – Matters that are considered low priority could include: potential loss to the City of up to $25,000, composed of isolated incidences of time abuse, wasteful practices that could lead to efficiencies if 6 corrected, or allegations that lack credibility and evidence.
The internal auditor should investigate high priority matters with the most urgency, then medium priority, and finally, low priority.
The City provides the Finance and Governance Committee with this report summarizing the complaints received every six months.
DISCUSSION
Employees or residents may file a complaint online at www.clearviewconnects.com, by calling (844) 964-2544, or by mail at P.O. Box 11017, Toronto, Ontario, M1E 1N0. All complaints are routed directly to Vasquez for its determination within 24 hours of receipt whether the complaint has merit and relevance. If that is possible, Vasquez has another 24 hours to determine whether to rank the priority of the complaint high, medium or low (as defined above). After priority is determined, Vasquez has an additional 24 hours to notify City staff that 1) Vasquez has received a high or medium priority complaint and will be investigating the matter immediately, or 2) Vasquez has received a low priority complaint and needs to make a mutual determination with City staff as to whether that complaint should be investigated. For a high or medium priority complaint, Vasquez must then complete the investigation, prepare a report and present that report to the Finance and Governance Committee with thoroughness and speed, updating staff on the status of any investigation at least weekly.
Whistleblower Activity Report
The following allegations and complaints were received during the period of June 18, 2024 and December 12, 2024:
Incident Number Primary Type of
Allegation
Source of
Submission
Priority Current Status
10-6871282 Unethical Conduct Website N/A Deemed non-fiscal or City related.
10-9834706 Unethical Conduct Website N/A
Deemed non-fiscal
or City related.
10-2354107 Violation of Laws,
Regulations,
Policies and
Procedures
Hotline -
Voicemail
N/A Deemed non-fiscal
or City related.
10-1899419 Conflict of Interest Website N/A Deemed non-fiscal or City related.
10-6655783 Whistleblower
Protection
Website N/A Deemed non-fiscal
or City related.
10-2463222 Whistleblower
Protection
Website N/A Deemed non-fiscal
or City related.
Whistleblower Activity Summary
Six total whistleblower reports were filed during this time period. Vasquez & Company deemed all six 7 allegations received during this time period unrelated to the City of Oxnard’s fiscal matters. All six reports were forwarded to the appropriate department(s) for follow-up.
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.
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.
Prepared by: Annie Jensen, Project Manager
ATTACHMENTS
1. Presentation
8 Whistleblower Activity Report
Presentation to the Finance & Governance Committee
January 28, 2025
Presented by:
Annie Jensen, Project Manager
9 An “improper governmental action” is defined as:
“Any activity by a local agency or employee that is undertaken in the performance of the employee’s official duties, including activities deemed to be outside the scope of his or her employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct”
What is the Whistleblower Hotline for? 2
10 1) Upon receipt, the Internal Auditor (Vasquez and Company) may conduct an investigation into the facts alleged in the report to determine whether an improper governmental action has
occurred.
2) The Internal Auditor will first screen to determine merit and relevance, followed by the possible risk to the City.
Determining merit and relevance 3
11 If the allegation is determined to have merit and relevance, it’s given a priority ranking of High, Medium or Low.
1) High Priority - high priority matters could include: potential loss to the City of more than $75,000, high level management involvement, collusion of multiple wrongdoers, major department-wide issues, or the need for immediate action to stop a potential major issue.
2) Medium Priority - medium priority matters could include: potential loss to the City of more than $25,000, include abuse of authority, medium-to-low level employee involvement, minor department-wide issues, or patterns of small issues that could be significant cumulatively.
3) Low Priority - low priority matters could include: potential loss to the City of up to $25,000, composed of isolated incidences of time abuse, wasteful practices that could lead to efficiencies if corrected, or allegations that lack credibility and evidence.
Priority Rankings 4
12 • Employees or residents may file a complaint online at www.clearviewconnects.com; by calling (844) 964-2544; or by mail to P .O. Box 11017, T oronto, Ontario, M1E 1N0.
• Reports are routed to Vasquez and Company for determination of relevance and merit within 24 hours of receipt.
• If report is determined to be non-fiscal or city related (does not have merit or relevance) it is forwarded to the appropriate City department or outside agency for processing.
• If the report is determined to have merit and relevance, Vasquez will rank the priority of the complaint within another 24 hours. • If it’s a low priority complaint, Vasquez and the City must make a mutual determination as to whether an investigation is needed. • If it’s a medium or high priority complaint, Vasquez has 24 hours to notify City staff that they (Vasquez) will be investigating the matter immediately.
How are reports received and processed? 5
13 • There were 6 total reports received between 6/18/24 - 1/9/25 • All 6 were determined to be non-fiscal or City related by the internal auditor.
Report Summary 6
Primary Type of Allegation Number of Reports Received
Violation of Laws, Regulations, Policies and
Procedures
1 Unethical Conduct 2
Conflict of Interest 1
Whistleblower Protection 2
Theft 0
Management/Supervisor 0
Not Sure 0
14 QUESTIONS
7 15