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Agenda packet

Public Works & Transportation Committee
February 25, 2025

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Agenda packet
Meeting
February 25, 2025
Body
Public Works & Transportation Committee
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4.0 MB
Text extracted from the city's file for reading and search. Open the original on oxnardca.api.civicclerk.com. That file is the official record.

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

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
February 25, 2025
Regular Meeting - 6:45 to 8:15 PM

Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 831 6973 6458

3. Passcode: 288107

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 no later than 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] no later than 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

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 25, 2025 - Page 2

a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
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 Public Works and Transportation Committee approve the minutes of the February 11, 2025 regular meeting as presented.

Contact: Luly Lopez, (805) 385-7805
D. REPORTS

1. Public Works Department
SUBJECT: Maintenance and Funding Policy Workshop for Landscape Maintenance Districts. (30 minutes)

RECOMMENDATION: The Public Works and Transportation Committee:

1. Discuss key elements for a potential Maintenance and Funding Policy for Landscape Maintenance Districts; and

2. Recommend staff develop a Maintenance and Funding Policy for Landscape Maintenance Districts to be presented to the City Council for consideration.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/SZ-z7e2f9uE
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 25, 2025 - Page 3

Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: February 25, 2025

TO: Public Works and Transportation Committee

FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works and Transportation Committee approve the minutes of the February 11, 2025 regular meeting as presented.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. Minutes of the Public Works and Transportation Committee for February 11, 2025

4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
February 11, 2025
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE

At 6:50 p.m., Chair Luis Mc Arthur called to order the regular meeting of the Oxnard City Council Public Works and Transportation Committee 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. Chair Luis Mc Arthur, Member Gabriela Basua and Member Gabe Teran were present.

Member Teran led the flag salute.

Staff members present were Alexander Nguyen, City Manager; Michelle McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Tim Beaman, Assistant Public Works Director; Morgan Kessler, City Engineer; and Lourdes A. López, City Clerk.

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 Public Works & Transportation Committee approve the minutes of the January 28, 2025 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: Teran, Basua, and Mc Arthur voted in favor; the motion passed 3-0.

D. REPORTS

1. Public Works Department
SUBJECT: Agreement 32500401 with Blackpointe Group Construction & Management, Inc. for Catch Basin Cleaning Services. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Blackpointe Group Construction & Management, Inc. (Blackpointe) for an initial term of one year from March 5, 2025, to March 4, 2026, with the option for four consecutive one-year period extensions ending March 4, 2030, for a total contract amount not to exceed $1,750,000 for catch basin cleaning services. 5 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 11, 2025 Page 2
Tim Beaman, Assistant Public Works Director presented and answered the Committee’s questions. No public comments were received.

It was moved by Member Teran, seconded by Member Basua, to approve the recommended action as presented. VOTE: Teran, Basua, and Mc Arthur voted in favor, the motion carried 3-0.

2. Public Works Department
SUBJECT: Annual Enterprise Pavement Impact Cost Reimbursement Study. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the Annual Enterprise Pavement Impact Cost Reimbursement Study be forwarded to the City Council as a receive and file item.

Michael Wolfe, Public Works Director and Erik Helgeson, consultant with Bartle Wells Associates presented and answered the Committee’s questions. No public comments were received.

It was moved by Member Basua, seconded by Member Teran, to approve the recommended action as presented. VOTE: Basua, Teran, and Mc Arthur voted in favor, the motion carried 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 Mc Arthur adjourned the meeting at 7:21 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor

6 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: February 25, 2025

TO: Public Works and Transportation Committee

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

SUBJECT: Maintenance and Funding Policy Workshop for Landscape Maintenance Districts. (30 minutes)

RECOMMENDATION

The Public Works and Transportation Committee:

1. Discuss key elements for a potential Maintenance and Funding Policy for Landscape Maintenance Districts; and

2. Recommend staff develop a Maintenance and Funding Policy for Landscape Maintenance Districts to be presented to the City Council for consideration.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/SZ-z7e2f9uE

BACKGROUND

The Special Districts Division, within the Public Works Department, is responsible for the management of the City’s bonded assessment districts, landscape maintenance districts (“LMDs”), community facilities districts (“CFDs”), maintenance assessment districts (“MADs”), and waterways assessment districts (“WADs”). Each of these districts function under different provisions of the State Constitution, which enables their respective formation, the purposes for which they can be formed, basic administrative requirements, and the processes by which their assessments and special taxes can be levied. Out of these various assessment districts, the LMDs were formed under the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code Sections 22500–22679) and carry specific requirements for management that differ from other types of assessment districts.

The formation of LMDs began in the City in the 1980s for the purpose of funding specific improvements and the perpetual maintenance of these improvements within each new development. These are funded via special assessments that are defined in each district's governing documents (“Formation Documents”). However, during the past thirty years, there have been various legislative and judicial changes that have impacted the way California cities can manage these LMDs.

To address the changes in the legal aspects and improve procedures related to maintaining LMDs, the City of Oxnard embarked on a process in 2015 that focused on the manner in which these assessment districts are managed. Through the creation of a new Special Districts Division, within the Public Works Department, the City reduced the total number of LMDs from 60 to 36 in Fiscal Year 2017/2018 and also created a Maintenance Assessment District Administration and Operational Manual to guide future staff in the management of these remaining LMDs. This Manual specifically included a “Statement of Goals and Policies for the use of 7 Maintenance Assessment Districts” (Statement) which lays out many of the concepts that staff is bringing to the Council for discussion. However, it is unclear if this Statement of Goals and Policies was ever adopted as official City policy by the City Council. Additionally, in regard to the management of LMDs, it is overly broad as it addresses a variety of district types, focuses largely on the formation of new districts without taking into account the variances between the different types of assessment districts, and does not provide specific direction for how the existing LMDs should be managed if they become insolvent or are in danger of becoming insolvent.

Therefore, staff is now requesting direction on key elements for a future policy document that will focus solely on the LMDs, provides direction on issues that are common to LMDs, and defines a policy for future use by staff.

DISCUSSION

Regardless of someone’s opinion of LMDs, the essence of a LMD is to be self-sufficient (with the exception of the required general benefit contribution) by providing funds to maintain specific improvements as outlined in the annual Engineer’s Report consistent with the Streets and Highway Code. LMDs that may have been set up many decades ago, and usually prior to legislative and legal changes, and without an annual cost inflator, often find themselves in a common situation of being overcome by inflation. Assuming the costs for maintenance services, that were fixed decades ago, would still be able to be fund the same level of service, is not reasonable. As such, LMDs can find themselves in a situation where their maximum annual assessment is not sufficient to provide the services originally contemplated when created, and therefore become underfunded.

Staff is seeking input for key elements of a policy that governs the City’s procedures regarding LMDs, especially in regard to the position the City will take when faced with underfunded or deficient districts that cannot afford to maintain their improvements. Decisions on these topics are necessary for at least 10 of the City’s LMDs that do not contain authorized inflationary adjustments for their assessments. Other topics that this policy can address include the frequencies of routine services such as landscaping, the prioritization of district and City funds, and the responsibility for funding the costs for administrative items such as balloting and capital projects. Therefore, staff is requesting discussion and direction on the following topics:

1. What position will the City take for underfunded districts that cannot afford to maintain their improvements?

2. What is the process for addressing a district with a negative fund balance?

3. Should LMDs be required to meet a specific reserve fund balance target?

4. Who can request a district to be balloted?

5. What is the internal city-process for approving new rates and who pays for the process?

6. Should district subsidies be allowed or restricted? If subsidies are allowed, should there be requirements for a district to meet prior to receiving them?

7. What happens if a district is polled and chooses not to ballot themselves?

These topics are commonly faced by cities throughout the State when managing LMDs and there are a number of different ways to approach them. For example, some cities follow a specific set of guidelines which governs the process for changing assessment levels, polling residents, and raising or lowering maintenance frequencies.

Other cities subsidize their pre-proposition 218 Landscape, Lighting, and Park Districts with the General Fund.

Due to the variety of options available, staff is seeking input and direction for the creation of a Maintenance and Funding Policy for Landscape Maintenance Districts within the City of Oxnard to be presented to the City Council for consideration.

Please note that during the Public Works and Transportation Committee Meeting, staff will bring forward the above topics for the Committee Members to discuss. Additionally, draft sections for the policy have been 8 prepared by staff and are attached to this staff report to assist with the discussion and consideration by the Committee.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no direct financial impact associated with this action.

Prepared by: Anthony Miller, Special Districts Manager

ATTACHMENTS

1. Sample Policy Text Responses

2. Draft Frequency & Manner of Service

3. Draft Funding Section

4. Draft Polling & Balloting Section

5. Presentation

9 Attachment 1. - Sample Policy Text Responses 1. What position will the City take for underfunded districts that cannot afford to maintain

their

improvements?
Examples of policy concepts: The cost to provide services exceeds the maximum rate: ● Reserves may be used to fund the shortfall ● Reduce routine services ● Reduce expenses ● A maximum levy may be applied ● Conduct outreach to determine interest in pursuing a Proposition 218 ballot ● Eliminating improvements; or ● Other City Council direction. 2. What is the process for addressing a district with a negative fund balance? Examples of policy concepts: A. District incurs a negative fund balance (cash flow): ● Council can choose to allow this through approving an engineers report showing the

insufficient

reserve

balance

as

the

negative

balance

will

be

temporary

until

assessments

are

received
● Staff can be required reduce expenses to a level that prevents a negative balance B. District incurs a negative fund balance (end of year): ● Staff can be required reduce expenses ● A maximum levy may be applied ● General fund subsidy/loan 3. Should LMDs be required to meet a specific reserve fund balance target? Examples of policy concepts: Streets and Highways Code allows a reserve but does not require it. ● Require a 47.4% reserve fund balance (not including any CIP/Project reserve) ● Endeavor to meet a 47.4% reserve fund balance (not including any CIP/Project reserve)
● Max assess to meet reserve fund balance ● In-lieu of max assessing reduce services to meet reserve fund balance 10 4. Who can request a district to be balloted? Examples of policy concepts: Affected Property Owners: The owners of parcels of real property that will be assessed or

taxed

in

connection

with

a

landscape

maintenance

district.

With

respect

to

an

increase

of

a

special

tax

that

must

be

approved

by

the

vote

of

registered

voters,

the

Affected

Property

Owners

are

the

registered

voters

who

would

comprise

the

electorate

at

the

election

on

such

increase.

5. What is the internal city-process for approving new rates and who pays for the process?
Examples of policy concepts: If a district is a candidate for adjusted assessment rates ● Notification is provided to district property owners ● Property owners may advocate for advocating adjusted assessments ● A baseline level of interest should be established prior to balloting ● If interest exists at XX% among district property owners, then balloting may occur
● If the ballot succeeds, the district may incur the costs of that ballot ● If the ballot fails, the city may incur the cost of the ballot, but services must be reduced

to

meet

district

financial

capacity.

Future

ballots

may

not

be

considered

by

the

City

Council

for

a

period

of

time

unless

unforeseen

circumstances

are

observed.

6. Should district subsidies be allowed or restricted? If subsidies are allowed, should there

be

requirements

for

a

district

to

meet

prior

to

receiving

them?
Examples of policy concepts: A. District cannot fund its maintenance requirements: ● Staff can be required reduce expenses ● A maximum levy may be applied ● Remove district improvements ● General fund subsidy/loan B. If a district has capped utility costs in its formation documents: ● Council can continue to allow this through approving an engineers report identifying

the

utility

subsidy
● Staff may be required to pursue methods to reduce utility usage prior to a subsidy being

approved

11 7. What happens if a district is surveyed and chooses not to ballot themselves? Examples of policy concepts: ● Staff can be required reduce expenses ● A maximum levy may be applied ● Remove district improvements ● General fund subsidy/loan 12 Attachment 2. - Draft Frequency & Manner of Service Frequency and Manner of Service
● Maintenance frequency and the manner in which District improvements and assets are maintained

shall

be

determined

by

each

District’s

ability

to

fund

those

costs.

● To provide services at the most competitive rates possible, staff will use all available procurement

methods

relevant

to

the

size,

scope,

and

nature

of

those

maintenance

activities.

● The City will seek to maintain improvements in each district in a manner that keeps them as

similar

to

their

original

character

[MM1]

as

possible,

within

the

constraints

of

funding

availability,

changes

to

the

boundaries

of

the

landscape

maintenance

district,

changes

to

the

physical

condition

of

the

improvements

or

the

surrounding

territory,

State

and

local

legal

requirements

and

legislation,

and

material

availability.

● The manner and frequency of service of District improvements may be altered to address unexpected

changes

in

funding

availability

as

a

result

of,

changes

in

service

costs

due

to

changes

in

contracted

service

providers,

physical

changes

to

the

District

boundaries

and/or

landscape,

state

and

local

requirements

and

legislation,

emergencies

which

require

work

to

address

imminent

threats

to

the

health

and

safety

of

the

public,

material

availability

or

other

factors.

● Service Levels will be generally indicated by the frequency of scheduled service visits.

However,

Service

Levels

do

not

indicate

the

total

number

of

times

a

district

will

be

visited

for

various

services

within

a

year.

Maintenance

activities,

inspections,

individual

service

requests,

projects,

and

other

tasks

that

occur

at

irregular

or

less

than

annual

intervals,

will

be

performed

on

an

as-needed

basis,

provided

sufficient

district

funds

and

labor

resources

are

available.

Service

Levels

for

landscape

maintenance

will

be

generally

defined

as

follows:

Level 1 – Intensive services - scheduled services provided more frequently than weekly Level 2 – 52 service visits annually - weekly scheduled service Level 3 – 26 Visits annually - every other week scheduled service Level 4 – 12 Visits annually - once a month scheduled service Level 5 – 6 Visits annually - once every other month scheduled service Level 6 – 4 Visits annually - once a quarter scheduled service 13 Attachment 3. - Draft Funding Section
Funding
● It is the intention of the City of Oxnard to ensure that its Landscape Maintenance Districts

operate

sustainably

and

independently

of

other

City

Funds

(such

as

the

General

Fund).

Districts

should

be

self

sufficient

to

the

extent

possible

and

should

not

be

designed

to

require

long-term

financial

support

from

other

City

funds.

● Property owners within landscape maintenance districts shall fund the ongoing maintenance

through

Required

Payments

collected

on

their

property

tax

bill.

To

the

extent

allowed

by

state

law,

a

Required

Payment

may

also

be

collected

prior

to

the

installation

of

improvements

to

support

the

creation

of

district

reserve

funds

so

long

as

these

funds

are

properly

identified

in

a

resolution

or

other

documentation

required

by

state

law.

Any

required

payment

shall

be

levied

in

accordance

with

applicable

law,

including,

but

not

limited

to,

Proposition

218.

Required

Payments

that

cannot

be

or

are

not

collected

on

the

property

tax

roll

may

be

collected

by

any

other

means

legally

available

to

the

City.

● In order to ensure that landscape maintenance districts have funds available between the beginning

of

each

fiscal

year

and

the

that

date

on

which

the

County

begins

transmitting

Required

Payment

funds

to

the

City,

City

staff

shall

endeavor

to

ensure

that

each

landscape

maintenance

district

maintain

Operating

Reserves

approximately

equal

to

47.4%

of

its

annual

budget.

Staff

shall

annually

evaluate

the

capacity

of

each

landscape

maintenance

district

to

reach

this

Operating

Reserve

funding

level.

● Districts that are found to be unable to fund all budgeted expenses and Operating Reserves

within

a

fiscal

year

shall

be

classified

as

Underfunded.

● Districts that are unable to fund all budgeted expenses at a minimal service level, their calculated

Operating

Reserve

Requirement,

and

are

found

to

have

a

projected

negative

cash

balance

position

within

a

fiscal

year

shall

be

classified

as

Deficient.

● Aside from contributions to fund general benefits, routine and temporary transfers/allowance

of

negative

balances

for

cash

flow

purposes,

and

contributions

for

the

payment

of

utilities

above

and

beyond

specific

utility

maximums

as

defined

within

a

district’s

Governing

Documents,

the

general

subsidy

of

district

expenses

by

the

City

is

prohibited.

The

City

shall

not

subsidize

any

landscape

maintenance

district

from

any

City

funding

source

that

has

not

been

specifically

set

aside

for

such

purpose

by

the

City

Council.

Any

exception

to

this

policy

must

be

set

forth

in

a

resolution

of

the

City

Council

and

shall

follow

the

process

established

within

SHC

Section

22657.

14 ● In the event that the projected end of year fund balance of a landscape maintenance district

shows

a

deficit

within

a

specific

fiscal

year,

the

reduction

of

services

and

the

levy

and

collection

of

the

Required

Payment

at

the

maximum

legally

allowable

rate

shall

be

prioritized

before

the

City

Council

is

asked

to

approve

a

subsidy.

In

the

event

that

a

negative

fund

balance

is

still

anticipated

within

a

district

after

these

actions

are

taken,

the

City

Council

may

approve

a

loan

to

the

District

in

question

as

described

in

Section

F.

● In the event that a district’s utility expenses are projected to exceed the maximum amount

able

to

be

charged

as

governed

by

that

district’s

Governing

Documents,

the

City

Council

may

choose

during

the

annual

budget

process

to

fund

the

expected

subsidy

amount

via

a

transfer

from

any

fund

it

chooses.

● Levy credits (where reserves are used to offset the required levy amount for the upcoming

fiscal

year),

shall

only

be

available

to

districts

which

are

not

classified

as

Underfunded

or

Deficient.

● Establishment or replenishment of Assigned Reserves shall be scheduled so as to take no more

than

5 years

and

can

be

accomplished

through

savings

from

the

prior

year’s

budget,

reduction

in

expenditures,

increasing

the

Required

Payment

up

to

the

maximum

rate,

or

any

combination

of

these

options.

● Unassigned Reserves can be used to fund any other project which may enhance each District’s

authorized

services

and

improvements

or

may

be

applied

as

a

levy

credit

if

not

allocated

for

use

during

the

creation

of

the

fiscal

year

budget.

● Each year the City will evaluate the total anticipated costs of providing the services for the

upcoming

fiscal

year.

This

evaluation

will

take

projected

increases

in

costs

as

well

as

cost

savings

into

consideration.

Examples

of

these

costs

may

include,

but

shall

not

be

limited

to,

routine

maintenance

contracts,

equipment

repair

(e.g.,

electric

pedestals,

irrigation

pumps,

etc.),

irrigation

parts

and

controllers,

weed

abatement,

tree

pruning,

radios

and

electronic

devices,

water,

electricity,

fertilizer,

vehicles

and

vehicle

maintenance,

other

administrative

costs

to

operate

the

district,

and

funding

Assigned

Reserves.

An

annual

budget

shall

be

developed

using

these

costs.

Subject

to

the

requirements

of

the

applicable

Governing

Documents

and

applicable

state

law,

the

total

costs

shall

be

divided

among

the

parcels

in

each

area

proportionally.

● Where the cost to provide the services and fund the operating reserves is less than the amount

that

can

be

raised

by

the

application

of

the

maximum

rate,

the

available

capacity

may

be

applied

to

establish

or

reestablish

Assigned

Reserves,

increase

the

service

levels

(for

routine

and

additional

work

services),

provide

one-time

professional

services

or

infrastructure

re-investments,

or

any

combination

thereof.

15 ● Where the cost to provide services exceeds the rate as requested by district residents or the

maximum

rate,

reserves

may

be

used

to

fund

the

shortfall

or

services

may

be

reduced

so

that

costs

do

not

exceed

the

maximum

rate,

except

for

in

a

landscape

maintenance

district

that

is

Underfunded

or

Deficient.

If

a

district

is

Underfunded

or

Deficient,

then

the

following

methods,

in

no

specific

order

of

preference,

may

be

taken

to

bridge

the

shortfall:

i. Reduce expenses and services specific to the district in question (expenses shared by

all

districts

shall

not

be

considered

an

appropriate

source

of

reductions);
ii. Use Unassigned Reserves; iii. Apply a maximum levy; iv. Notify the Affected Property Owners to determine if there’s a significant interest in

conducting

a

ballot

proceeding

to

increase

the

services

(e.g.,

increase

the

maximum

rate)

and

if

such

interest

exists,

conduct

such

mail

ballot

proceeding/special

election

of

the

Affected

Property

Owners.
v. Remove maintenance responsibility of specified improvements from the district by

either

eliminating

district

funding

or

via

Council

approved

agreement,

subsidizing

their

maintenance

through

an

outside

funding

source;

vi. Eliminating maintenance services; or vii. Other City Council direction. 16 Attachment 4. - Draft Polling & Balloting Section Polling and Balloting
In the event that a landscape maintenance district is projected to be underfunded or deficient within

the

next

fiscal

year,

a

Proposition

218

ballot

procedure

may

be

necessary.

A

property

owner

led

poll

may

be

initiated

to

establish

the

presence

of

Significant

Interest

in

conducting

a

Proposition

218

ballot

proceeding.

The

following

procedure

shall

be

followed

to

initiate

a

Proposition

218

ballot

proceeding.
i. Staff will notify owners of property within the district with a written letter or through

other

means

as

determined

within

a

community

outreach

plan.
ii. Staff will conduct a community meeting, encourage property owners to develop a poll,

and

identify

a

lead

petitioner

from

within

the

district

to

conduct

the

poll.

The

cost

of

any

materials

necessary

to

conduct

the

poll

will

be

borne

solely

by

the

district

or

its

affected

property

owners.
a. If no lead petitioner is identified and no further interest in polling is conveyed

to

staff,

no

polling

will

be

pursued

and

reductions

in

maintenance

or

removal

of

improvements

from

the

district

will

be

initiated.
iii. When a lead petitioner is identified, affected property owners within the district will

be

polled,

the

results

of

which

will

be

submitted

to

City

staff

no

more

than

30 days

from

the

date

the

poll

is

opened.
iv. After the poll is closed, staff will validate signatures of the affected property owners

and

determine

if

the

results

indicate

the

establishment

of

Significant

Interest

(66%+1

of

the

total

poll

responses.)
a. If Significant Interest is not established, no ballot proceeding will be pursued

and

reductions

in

maintenance

or

removal

of

improvements

from

the

district

will

be

initiated.
b. If Significant Interest is established, the City Council will initiate Proposition

218

proceedings

for

the

affected

district.
v. In the event that a Proposition 218 ballot is pursued, the procedures below will be followed.
a. If the ballot proceeding fails and assessments are not changed, the City will

assume

the

cost

of

the

proceedings

and

reductions

in

maintenance

or

removal

of

improvements

from

the

district

will

be

initiated.

Future

Proposition

218

polling

and

balloting

may

not

be

pursued

for

three

years

unless

unanticipated

increases

in

assessment

need

are

identified.
b. If the ballot proceeding succeeds, the assessment will be changed to the identified

rate

and

the

total

cost

of

the

proceeding

will

be

borne

by

the

district.

17 Maintenance and Funding Policy
Workshop for Landscape
Maintenance Districts
February 25, 2025

ANTHONY MILLER

SPECIAL DISTRICTS MANAGER
18 Recommendation
Discuss keyelements for apotentialMaintenance andFunding Policy forLandscapeMaintenanceDistricts. 1 Recommend staffdevelop aMaintenance andFunding Policy forLandscapeMaintenance Districtsto be presented to theCity Council forconsideration. 2 That the Public Works and Transportation Committee:
19 Background
CommunityFacilitiesDistricts
Landscape
Maintenance Districts
WaterwaysAssessmentDistricts
MaintenanceAssessmentDistricts
Landscape and Lighting Act of
1972 (Streets and Highways Code
Sections 22500-22679)
First used by the City in the 1980s
They fund the maintenance of
specific improvements, defined in
an LMDs “Formation Documents”
20 Background
Legislative & Judicial Changes
City Actions Taken
1980s - Now: various rules have changed, impacting the
way the City can manage LMDs
FY 2015-16:

City reviewed it’s LMDs, WADs, and MADs
Created the Special Districts Division
FY 2016-17:

Created broad guidelines for managing LMDs
Reduced the number of LMDs to 36
21 Background
1010
50502727
58584141
13132424
1 & 21 & 2
3 & 43 & 4
5252
54544646
3939
47474242
4040
6060
4949
5353
33 1212
77 55
88 3030
2323 1111
1414
11 22
44 99
5555
2525
3737 1616
3131
3636 43435151
3232
2828
3838
34343333
3434
City of Oxnard GIS | March 2023

CITY OF OXNARD

SPECIAL DISTRICTS
City Boundary
Landscape Maintenance District ( District No. )
Community Facilities District ( District No. )
Waterway Assessment District ( Zone No. )
Maintenance Assessment District ( District No. )
22 Background
Some existing LMDs
will face insolvency
Council direction on key
LMD elements can
prevent future problems
Policy solely focused onLMDs can address theirrequirements specifically Staff Seeks Direction
23 Discussion
The purpose of
Landscape
Maintenance Districts
Older LMDs may not have
included cost adjustment
mechanisms
Original estimates eventuallyovercome by inflation
Assuming maintenance
costs won’t change is not
reasonable
LMDs can find themselvesunable to care for theirimprovements Provide enough funds tomaintain specificimprovements
24 Discussion
What position will the City take for underfunded
districts that cannot afford to maintain their
improvements?
What is the process for addressing a
district with a negative fund balance?
Should LMDs be required to meet aspecific reserve fund balance target? Who can request a district to be balloted?
25 Discussion
What is the internal city-process for approving
new rates and who pays for the process?
Should district subsidies be allowed or restricted? If
subsidies are allowed, should there be requirements
for a district to meet prior to receiving them?
What happens if a district is polled andchooses not to ballot themselves? 26 Discussion
Some cities follow set guidelinesfor polling residents, changingmaintenance frequencies, andchanging assessments Some cities subsidize their
pre-proposition 218 districts
with General Fund
Due to the variety of options, staff seeks input and direction for the creation of a Maintenance and Funding Policy for Landscape Maintenance Districts within the City of Oxnard. Draft policy examples are provided as attachments to this staff report.

Statewide Issue, multiple solutions
27 Financial Impact
There is no financial impactassociated with this action. 28

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