Agenda packet — Oxnard City Council, July 15, 2025 (part 1 of 3)

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)

AMENDED AGENDA
(Amended 7/10/2025 to Add Remote Location for Councilwoman Perez)

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR

AGENCY OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street July 15, 2025
Closed Session - 4:30 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: 836 1084 9487

3. Passcode: 571363
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 July 15, 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 and Oxnard Housing Authority

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
During this meeting, Councilwoman Perez will be participating remotely from the following location:

Calle Paseo de las Moras (Business Conference Room), 63735 Nuevo Vallarta, Nay. Mexico B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS—(Government Code section 54957.6) Agency
designated representatives: Ashley Golden, Assistant City Manager and Steve Naveau, Director of Human Resources
Employee organizations: Service Employees International Union CTW, CLC, Local 721 (SEIU Local 721); International Union of Operating Engineers AFL-CIO, Local No. 501 (IUOE Local 501); Oxnard Mid-Managers Association (OMMA); International Association of Firefighters, AFL-CIO (IAFF), Local 1684
Legislative Body: City Council

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS—(Government Code section 54956.8)
Property: Property designated as APN 132-0-33-010 located between U.S. 101 and Riverpark Boulevard, west of the East Vineyard Avenue and Riverpark Boulevard intersection Agency Negotiator: Brenda Lopez, Interim Housing Director Negotiating Party: Dynamic Retail Partners, LLC
Under Negotiation: Price and terms of payment
Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Salvador Olea Rodriguez v. City of Oxnard Workers' Compensation Case No.: ADJ18967126
Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 3

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: David Walker v. City of Oxnard
Workers' Compensation Case Nos.: ADJ14083086 and ADJ15688978 Legislative Body: City Council

5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Bo Espinoza v. City of Oxnard
Workers' Compensation Case Nos.: ADJ19938324, ADJ19938325, and ADJ19938326 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 AND NON-ACTION ITEMS

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, and on non-action items such as ceremonial items, report of city manager / executive director / secretary, and city council/ housing authority / successor agency / financing authority business / committee reports. 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 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.

1. City Clerk Department
SUBJECT: Appointment of a Member to Serve on the City's Citizen Advisory Groups (CAGs). (5 minutes)
RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Henry Barcena to the Planning Commission representing District 3.

3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 4

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/_0MV1aLPeAM

Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
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: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 26, and July 1, 2025 regular meeting as presented.

That the Oxnard Housing Authority Board of Commissioners approve the minutes of the June 3, 17 and 26, 2025 regular meetings as presented.

Legislative Body: City Council, Oxnard Housing Authority Contact: Luly Lopez, (805) 385-7805

2. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period December 6, 2024 through June 30, 2025.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

3. Community Development Department
SUBJECT: Planning Commission Stipend Ordinance.

RECOMMENDATION: That the Oxnard City Council:

Adopt Ordinance 3064 titled “AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING CHAPTER 2 ARTICLE II DIVISION 7 SECTIONS 2-96 AND 2-97 OF THE

OXNARD CITY CODE ESTABLISHING A STIPEND FOR SERVICE ON THE OXNARD PLANNING COMMISSION”

(The Finance & Governance Committee approved 2-1 on March 11, 2025.)

Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 5

4. Community Development Department
SUBJECT: Private Parking Ordinance.

RECOMMENDATION: That the City Council:

Adopt Ordinance No. 3063 titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING DIVISION 3 TO ARTICLE IV OF CHAPTER 8 OF THE OXNARD CITY CODE REGARDING PRIVATE PARKING; FILED BY CITY OF OXNARD, COMMUNITY DEVELOPMENT DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA, 93030.”

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025.)

Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

5. Housing Department
SUBJECT: Policy, Portfolio Guidelines, and Investment Delegation for the Housing Authority of the City of Oxnard.

RECOMMENDATION: That the Oxnard Housing Authority Board of Commissioners adopt a resolution approving an investment policy and investment portfolio guidelines for the Housing Authority of the City of Oxnard, and delegating investment authority to the Housing Finance Officer for Fiscal Year 2025-2026.

(The Finance and Governance Committee approved 3-0 on June 24, 2025.)

Legislative Body: Housing Authority
Contact: Brenda Lopez, (805) 385-8092

6. Housing Department
SUBJECT: Adoption of the Tenant Anti-Harassment Ordinance.

RECOMMENDATION: That the City Council adopt Ordinance 3057 titled: ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE III TO CHAPTER 27 OF THE

OXNARD CITY CODE ESTABLISHING TENANT ANTI-HARASSMENT PROTECTIONS

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 25, 2025.)

Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092

7. Public Works Department
SUBJECT: Annual Purchase Orders with Astra Backflow, Inc. for Backflow Equipment and Supplies.

RECOMMENDATION: The City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Astra Backflow, Inc. (Astra) for an initial term of one year from July 1, 2025, to June 30, 2026, with an option for four consecutive one-year period extensions ending June 30, 2030, for a total contract amount not to exceed $860,000 for backflow equipment and supplies.

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 6

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

8. Public Works Department
SUBJECT: Public Project Agreement 32600023 with BSN Construction Inc. for Asphalt Repairs in Multiple Neighborhood Locations, Specification No. PW 25-107.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with BSN Construction Inc., in the amount of $504,768 for the Project and approve a Project contingency amount of $50,477 (~10%) for a total not to exceed value of $555,245 for the Project.

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

9. Public Works Department

SUBJECT: Agreement 32600002 with Pirate California Holdings, LLC dba Pirate Staffing for Temporary and Supplemental Labor Services at the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with Pirate California Holdings, LLC dba Pirate Staffing with an initial term of three years from July 16, 2025 through July 15, 2028, with an option for two one-year extensions ending July 15, 2030 for a total amount not to exceed $1,250,000, for temporary and supplemental labor services at the Del Norte Regional Recycling and Transfer Station (Del Norte).

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

10. Public Works Department
SUBJECT: Agreement 32500487 with Cragoe Pest Services, Inc. for Landscape Pest Control Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with Cragoe Pest Services, Inc. with an initial term of three years from July 16, 2025 to July 15, 2028, with an option for two consecutive one-year period extensions ending July 15, 2030, and for a total amount not to exceed $660,000 for landscape pest control services at City parks and other City landscaped areas.

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

11. Cultural & Community Services Department
SUBJECT: Ordinance Revising the Cultural Arts Commission Powers & Duties. 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 7

RECOMMENDATION: That the City Council adopt Ordinance 3061 titled:

"ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING SECTION 2-131 TO

THE OXNARD CITY CODE UPDATING THE POWERS AND DUTIES OF THE CULTURAL ARTS COMMISSION"

Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
L. PUBLIC HEARINGS

1. Public Works Department

SUBJECT: Public Hearing and Election on Modification of the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay) and Approval of Amendment to Funding and Acquisition Agreement. (20 minutes)

RECOMMENDATION: That the City Council, acting as the legislative body of the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay):

1. Hold a public hearing to receive public testimony regarding the proposed changes to Community Facilities District No. 9 (Northshore at Mandalay Bay);

2. Adopt A Resolution Calling a Special Election to Modify the Rate and Method of Apportionment of the Special Tax Relating to the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay), Increase Certain Special Tax Rates, Add a New Special Tax, Increase the Maximum Bonded Indebtedness, and Revise the Appropriations Limit of Said Community Facilities District;

3. Conduct an Election;

4. Adopt A Resolution Canvassing the Results of the Change Proceedings Election Held within the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay); and

5. Adopt A Resolution of Approving Certain Modifications to the City of Oxnard Community Facilities District No. 9 (Northshore At Mandalay Bay), and Approving the Execution and Delivery of An Amendment to Funding and Acquisition Agreement A-8376 in Connection Therewith.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/6m2teDmEO5Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. REPORTS

1. Public Works Department
SUBJECT: Adoption of Resolution Establishing a Maintenance and Funding Policy for Landscape Maintenance Districts for the City of Oxnard. (30 minutes)

RECOMMENDATION: That the City Council Adopt a Resolution Establishing a Maintenance and Funding Policy for Landscape Maintenance Districts managed by the City of Oxnard.

(Public Works and Transportation Committee approved 3-0 on March 25, 2025)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/khza978P6tg
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 8

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Response to Grand Jury Report - Prioritizing Best Practice Street Maintenance. (10 minutes)
RECOMMENDATION: That the City Council authorize the Mayor to sign on behalf of the City Council, the City of Oxnard’s response to the 2024-2025 Ventura County Grand Jury Report - Prioritizing Best Practice Street Maintenance.

(This item did not originate in Committee.)

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

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. City Attorney Department
SUBJECT: Prohibition of Nitrous Oxide Ordinance. (10 minutes)

RECOMMENDATION: That the City Council approve the first reading by title only and waive further reading of the proposed ordinance titled:

“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE XXVII TO CHAPTER 7 TO THE OXNARD CITY CODE PERTAINING TO THE PROHIBITION OF NITROUS OXIDE.”

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/C2gN_LLcl18

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

4. City Attorney Department
SUBJECT: Disposal of Confiscated, Impounded And Unclaimed Property Ordinance. (10 minutes)

RECOMMENDATION: That the City Council approve the first reading by title only and waive further reading of the proposed ordinance titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING ARTICLE III OF CHAPTER 7 OF THE OXNARD CITY CODE REGARDING DISPOSAL OF CONFISCATED, IMPOUNDED AND UNCLAIMED PROPERTY.”

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/7Qu6LnISllE
8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 15, 2025 PAGE 9

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

5. City Attorney Department
SUBJECT: Regulation of Skateboard Parks. (10 minutes)

RECOMMENDATION: That the City Council approve the first reading by title only and waive further reading of an ordinance titled:

"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXVIII TO CHAPTER 7 OF THE OXNARD CITY CODE PERTAINING TO THE REGULATION OF CITY SKATEBOARD PARKS."

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/irjdVfj6w-w

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
N. ADJOURNMENT

9 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1

DATE: July 15, 2025

TO: City Council

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

SUBJECT: Appointment of a Member to Serve on the City's Citizen Advisory Groups (CAGs). (5 minutes)

RECOMMENDATION

That the Mayor, with the approval of the City Council, appoint Henry Barcena to the Planning Commission representing District 3.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/_0MV1aLPeAM

BACKGROUND

Oxnard City Code (OCC) Section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office.

Planning Commission

The Planning Commission is charged with various functions and duties throughout the Oxnard City Code and the California Government Code, including preparing, reviewing and revising the City's General Plan; implementing that General Plan through various specific plans, zoning and subdivision ordinances; promoting the coordination of local plans and programs with the plans and programs of other public agencies; annually reviewing the City's capital improvement program for consistency with that General Plan; ensuring conformity with the General Plan for any real property acquired for public purposes or for any public building or structure constructed or authorized; and ensuring conformity with the General Plan for any real property disposed of or for any street vacated or abandoned. The Planning Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilman Starr nominates Henry Barcena to represent D3, who has passed the City’s formal background check procedures.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City’s commissions, committees and boards.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT
10 On June 26, 2025, the City Council approved Resolution No. 15,993 establishing compensation for Planning Commissioners to receive $150 per meeting stipend for every member of the Planning Commission. The commissioners must be in attendance in order to be eligible to receive the compensation. Ordinance No. 3064 establishing a stipend for service on the Oxnard Planning Commission was approved for first reading and is scheduled for adoption on July 15, 2025 and will become effective thirty days thereafter.

For Finance Use Only:

General Fund (Org. 1011101 Obj. 52350).

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. Presentation 07.15.25 Appointment of a Member to Serve on the City's CAGs

11 Luly A. López, City Clerk
Appointment of a Member to Serve
on the City’s CAGs
City Council
July 15, 2025
12 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, appoint Henry Barcena to Planning Commission representing District 3. 13 3

PLANNING COMMISSION
Function • Preparing, reviewing and revising General Plan • Implementing General Plan through various specific plans, zoning and subdivision ordinances
• Promoting coordination of local plans and programs with the plans and programs of other public agencies
• Annually reviewing City's capital improvement program for consistency with General Plan
• Ensuring General Plan conformity for real property
acquired/disposed of, public building/structure constructed, or street vacated/abandoned
Requirements 7 members must reside in City and be over age 18 Nomination •Councilman Starr nominates Henry Barcena (D3) 14 THE END
4 15

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: July 15, 2025

TO: City Council, Oxnard Housing Authority

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the June 26, and July 1, 2025 regular meeting as presented.

That the Oxnard Housing Authority Board of Commissioners approve the minutes of the June 3, 17 and 26, 2025 regular meetings as presented.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. City Council meeting of June 26 2025

2. City Council meeting of July 1 2025

3. Housing Authority meeting of June 3 2025

4. Housing Authority meeting of June 17 2025

5. Housing Authority meeting of June 26 2025

6. Housing Authority meeting of July 1 2025

16 AGENDA

OXNARD CITY COUNCIL
June 26, 2025

A. ROLL CALL, POSTING OF AGENDA

At 5:32 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Gabriela Basua were present. The City Clerk stated that the agenda was posted on Thursday, June 13, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Eric Sonstegard, Assistant City Manager; Stephen Fischer, City Attorney; Steve Naveau, Human Resources Director and Lourdes A. López, City Clerk.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

No public comments were received. At 5:33 p.m., the City Council recessed to a closed session.

C. CLOSED SESSION (5:30 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6)
Agency designated representatives: Ashley Golden, Assistant City Manager and Steve Naveau, Director of Human Resources
Employee organizations: Service Employees International Union CTW, CLC, Local 721 (SEIU Local 721); International Union of Operating Engineers AFL-CIO, Local No. 501 (IUOE Local 501); Oxnard Mid-Managers Association (OMMA); International Association of Firefighters, AFL-CIO (IAFF), Local 1684 Legislative Body: City Council

At 6:44 p.m., City Attorney announced that no reportable actions resulted from the closed session.

D. OPENING CEREMONIES (6:00 PM)

At 6:45 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The City Clerk called the roll and announced that the agenda was posted on Thursday, June 13, 17 OXNARD CITY COUNCIL
June 26, 2025 PAGE 2

2025 at the Library, City Hall kiosk, City Administrative offices and on the City of Oxnard website.

The meeting opened with the pledge of allegiance to the flag of the United States led by Savannah Gaskill, a graduate from the Oxnard EMS Corps, followed by a moment of silence acknowledging community members affected by recent ICE action and recognizing those around the world impacted by recent military action.

Mayor Pro Tem recognized recent graduates from Oxnard High Schools who presented the pledge of allegiance at prior meetings in 2025. They are Yvonne Castaneda-Huichan; Monserat Sanchez; Jimena Lopez; and Leticia Alejandre.

The Fire Chief commented on the Oxnard EMS Corps program.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Brenda Lopez, Interim Housing Director; Albert Ramirez, Assistant Housing Director; Jeff Pengilley, Community Development Director; Joe Pearson II, Planning Manager; Kathleen Mallory, Planning and Sustainability Manager; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Rob Ruben Chief Information Officer; Javier Chagoyen-Lázaro, Chief Financial Officer; Alexander Hamilton, Fire Chief and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS

Public comment was received from Mr. Garcia (signage and no sidewalks).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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

AUTHORITY BUSINESS/COMMITTEE REPORTS

The members of the Council provided brief announcements regarding their various activities.

Councilman Starr would like to know about our process on addressing signs.

I. REVIEW OF INFORMATION/CONSENT AGENDA

The City Clerk announced minor changes to the City Council minutes of June 3 and stated that on page 8, Agenda Item No. B, it should read “Qui Tam” instead of Key M. Also, on page 15, Agenda Item No. N-1, it should state that Councilman Starr is recusing rather than abstaining.

18 OXNARD CITY COUNCIL
June 26, 2025 PAGE 3

Item Nos. K-2, K-3 and K-4 were reviewed and discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA

Public comment was received from Deirdre Frank regarding seniors on lessons learned.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 3, 2025 regular meeting as presented.

2. Community Development Department
SUBJECT: Agreement to prepare a Transit-Oriented Development/High Quality Transit Corridor Specific Plan.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with Gruen Associates (Agreement No. 32500483), for a period of up to 2 years, for an amount not to exceed $1,075,609 for the preparation of a Transit-Oriented Development/High Quality Transit Corridor (TOD/HQTC) Specific Plan and associated tasks.

(This item did not originate in Committee.)

3. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances.

RECOMMENDATION: That the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of April 2025.

(This item did not originate in Committee)

4. Information Technology Department
SUBJECT: Agreement with Toshiba Business Solutions for Printers and Scanners.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a five year agreement with Toshiba America Business Solutions (No. 32600026) for the purpose of citywide managed print, scan and copy services in the amount of $745,840.80 plus a 10% contingency amount of $74,584.08 to cover future needs or incidental costs, for a total authorized amount of $820,424.88.

(The Finance & Governance Committee approve 3-0 on June 3, 2025.)

19 OXNARD CITY COUNCIL
June 26, 2025 PAGE 4

Consent Item K-1
It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to approve the Information/Consent item K-1 as corrected. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, Teran and Basua voted in favor; the motion carried 7-0.

Consent Item K-2

Planning and Sustainability Manager presented and was available to answer questions. Discussion ensued among Councilmembers and staff.

It was moved by Councilmember Perello, seconded by Councilwoman Perez, to approve the Information/Consent item as presented. VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua and Mc Arthur voted in favor; the motion carried 7-0.

Consent Item K-3
The Chief Financial Officer was available to answer questions. Discussion ensued among Councilmembers and staff. This item is a receive and file.

Consent Item K-4

The Chief Information Officer was available to answer questions. Discussion ensued among Councilmembers and staff.

It was moved by Councilman Starr, seconded by Councilmember Perello, to approve the Information/Consent item as presented. VOTE: Perez, Rodriguez, Starr, Teran, Mc Arthur, Basua and Perello voted in favor; the motion carried 7-0.

L. PUBLIC HEARINGS

M. REPORTS

1. Public Works Department

SUBJECT: Sixth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Sixth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,226,541 for a new total not-to-exceed $6,304,576 and extend the term to June 30, 2026, for the rental of refuse collection vehicles.

(This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on June 27, 2024.)

No public comments were received. Assistant Public Works Director Yanez was available to answer questions. Discussion ensued among the Council and staff.

20 OXNARD CITY COUNCIL
June 26, 2025 PAGE 5

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 carried 7-0.

2. Public Works Department

SUBJECT: Modification of the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay) and Approval of the Deposit and Reimbursement Agreement. (10 minutes)

RECOMMENDATION: That the City Council, acting as the legislative body of the City of Oxnard Community Facilities District No. 9 (Northshore at Mandalay Bay), adopt the following Resolutions:

1. A Resolution No. 15,990 approving a Deposit and Reimbursement Agreement Relating to the Change Proceedings for City of Oxnard Community Facilities District No. 9 (Northshore At Mandalay Bay); and

2. A Resolution No. 15,991 of Consideration Declaring its Intention to Modify the Rate and Method of Apportionment of the Special Tax Relating to City of Oxnard Community Facilities District No. 9 (Northshore At Mandalay Bay), Increase Certain Special Tax Rates, add a new special tax, increase the maximum bonded indebtedness, amend a Funding and Acquisition Agreement, revise the appropriations limit of said Community Facilities District, and Other Related Actions in Connection Thereto; and setting the Public Hearing for July 15, 2025. (Finance and Governance Committee approved 2-1 on May 13, 2025)

Public comments were received from Trent Royle and Bill Myers representing Fifth Harbor, the property owner. Michael Wolfe, Public Works Director and Anthony Miller, Special Districts Manager were available to answer questions. Discussion ensued among the Council and staff.

It was moved by Mayor Mc Arthur, seconded by Councilwoman Perez, to approve the recommended action. VOTE: Perez, Rodriguez, Teran, Basua, Mc Arthur and Perello voted in favor; motion carried 6-1 with Councilman Starr voting no.

3. Community Development Department
SUBJECT: Private Parking Ordinance. (20 minutes)

RECOMMENDATION: That the City Council:

Approve the first reading by title only and waive further reading of the proposed Ordinance No. 3063 titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING DIVISION 3 TO ARTICLE IV OF CHAPTER 8 OF THE OXNARD CITY CODE REGARDING PRIVATE PARKING; FILED BY CITY OF OXNARD, COMMUNITY DEVELOPMENT DEPARTMENT, 214
21 OXNARD CITY COUNCIL
June 26, 2025 PAGE 6

SOUTH C STREET, OXNARD, CA, 93030.”

(Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025.)

Public comment was received from Robert Power. The Community Development Director was available to answer questions. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Rodriguez, to approve the recommended action. VOTE: Starr, Teran, Basua, Mc Arthur, Perello, Perez and Rodriguez voted in favor; motion carried 7-0.

4. Housing Department
SUBJECT: Authorize the Assessment and Collection of Fees within the Oxnard Downtown Management District for Fiscal Year 2025-26. (10 minutes)

RECOMMENDATION: That the City Council adopt Resolution No. 15,992 authorizing the assessment and collection of fees within the Oxnard Downtown Management District for Fiscal Year 2025-26.

(This item did not originate in Committee.)

No public comments were received. Assistant Housing Director Ramirez and Abel Magana from the Oxnard Downtown Management District were available to answer questions. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Rodriguez, to approve the recommended action. VOTE: Teran, Basua, Mc Arthur, Perello, Perez, Rodriguez and Starr voted in favor; motion carried 7-0.

5. Community Development Department
SUBJECT: Planning Commission Stipend. (20 minutes)

RECOMMENDATION: That the City Council:

1. Approve the first reading by title only and waive further reading of the proposed Ordinance No. 3064 titled: “AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING CHAPTER 2 ARTICLE II
DIVISION 7 SECTIONS 2-96 AND 2-97 OF THE OXNARD CITY CODE

ESTABLISHING A STIPEND FOR SERVICE ON THE OXNARD
PLANNING COMMISSION”; and

2. Adopt Resolution No. 15,993 establishing $150 per meeting compensation for the members of the Planning Commission of the City of Oxnard; and

3. Approve a Fiscal Year 2025-26 budget appropriation from the General Fund (101) available fund balance in the amount of $26,250.
22 OXNARD CITY COUNCIL
June 26, 2025 PAGE 7

(Finance and Governance Committee approved 2-1 on March 11, 2025).

The Planning Manager presented and was available to answer questions. Discussion ensued among the Council and staff. Public comments were received from Ronald Arruejo and Greg Runyon.

It was moved by Mayor Mc Arthur, seconded by Councilwoman Perez, to approve the recommended action. VOTE: Basua, Mc Arthur, Perello, Perez, Rodriguez and Teran voted in favor; motion carried 6-1 with Councilman Starr voting no.

N. ADJOURNMENT

There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 8:55 p.m.

________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor

23 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 1, 2025
A. ROLL CALL, POSTING OF AGENDA
At 4:33 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Gabriela Basua were present. The City Clerk stated that the agenda was posted on Thursday, June 19, 2025 and the amended agenda on Thursday, June 26th at the Library, City Hall kiosk, City Administrative Offices and on the website.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received
C. CLOSED SESSION (4:30 PM)

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

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

At 4:35 p.m., the City Council recessed to a closed session. At 5:22 p.m., the City Council reconvened in an open session in the Council Chambers. City Attorney announced that no reportable actions resulted from the closed session for Agenda Item C.1 and that the City Council will reconvene at the end of open session for Agenda Item Nos. C.2 and C.3 24 July 1, 2025 OXNARD CITY COUNCIL PAGE 2
public employee evaluations.

D. APPOINTMENT ITEMS (5:00 PM)

1. Public Works Department
SUBJECT: Parks, Recreation & Community Services Commission Annual Report. (15 minutes)

RECOMMENDATION: That the City Council receives the Parks, Recreation & Community Services Commission Annual Report.

Chair Angela Whitecomb introduced the Parks, Recreation and Community Services Commissioners and provided an update on the activities the Commission has been working on and the goals for 2025. Public comment was received from Eric Andrist.

Discussion ensued among the City Council and Chair Whitecomb. The item was received and file, no action was required.

2. SUBJECT: Presentation by the County of Ventura on the 2025 Homeless Point in Time Count. (30 minutes)
Kimberlee Albers, Deputy Executive Officer/Homelessness Solutions Director with the County of Ventura provided an update on the efforts to address homelessness and the results of the 2025 Homeless Point in Time Count. Supervisory Vianey Lopez thanked the city Council for the partnership to address homelessness. No public comments were received. Discussion ensued among the Councilmembers and Ms.

Albers. The item was received and file, no action was required.

E. OPENING CEREMONIES (6:00 PM)
At 6:20 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, June 19, 2025 and the amended agenda on Thursday, June 26th at the Library, City Hall kiosk, City Administrative Offices and on the website.

The meeting opened with the pledge of allegiance to the flag of the United States led by Councilman Starr.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Javier Chagoyen-Lázaro, Chief Financial Officer; Kenneth Rozell, Chief Assistant City Attorney; Michael Wolfe, Public Works Director; Tamara Flynn, Project Manager; Jason Benites, Police Chief and Lourdes A. López, City Clerk.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Commendation to Isaiah Chavez for Winning the 2025 USA Boxing Junior Olympics.
25 July 1, 2025 OXNARD CITY COUNCIL PAGE 3
Councilwoman Perez read the commendation and presented it to Isaiah Chavez who thanked the City Council for the recognition.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS

Public comments were received from Mario Riley, Sr. (investigation into Manuel Herrera, vendetta against Aaron Starr), Aten Dannh (diversity, was disrespected at the Plaza park), Kevin Brannon (public access TV), Manuel Herrera (council activities, press conference at the County of Ventura, deportation and immigration) and Vanessa Valdez (ICE).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager commented on various items, including: fireworks, Durley Park, free Drop-Off days at Del Norte, and Park and Recreation month.

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

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

J. REVIEW OF INFORMATION/CONSENT AGENDA
Item No. L-3 was reviewed and discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 17, 2025 regular meeting as presented.

2. Cultural & Community Services Department
SUBJECT: Agreement with the Ventura County Area Agency on Aging for the Administration of the Senior Nutrition Program.

RECOMMENDATION: That the City Council:

1. Approve and authorize the City Manager to execute an agreement with the County of Ventura in an amount not to exceed $420,000 in grant revenue for the administration of the Senior Nutrition Program; and

2. Approve a Fiscal Year 2025-26 budget appropriation and corresponding grant revenue recognition in the amount of $420,000 to the Federal Grants Fund (200).
(This item did not originate in Committee.)
26 July 1, 2025 OXNARD CITY COUNCIL PAGE 4

3. Finance Department
SUBJECT: City's Monthly Investment Report for the period ending May 2025.

RECOMMENDATION: This is an information item for the City Council to receive and file.
(This item did not originate in Committee.)
Consent Item L-1
It was moved by Councilmember Perello, seconded by Councilmember Rodriguez, to approve the Information/Consent item as presented. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, Teran, and Basua voted in favor; the motion carried 7-0.

Consent Item L-2
It was moved by Councilmember Perello, seconded by Councilmember Rodriguez, to approve the Information/Consent item as presented. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, and Basua voted in favor; the motion carried 6-0-1. Mayor Pro Tem Teran recused himself due to his professional relationship with the County of Ventura.

Consent Item L-3
This item was received and file. No action was required.

M. PUBLIC HEARINGS
N. REPORTS

1. Public Works Department
SUBJECT: Public Project Agreement 32600042 with Toro Enterprises, Inc. for the Neighborhood Street Resurfacing – La Colonia Phase III Project, the Colonia Rd. and Juanita Ave. Sidewalk Improvement Project, and the Ramona Elementary School Pedestrian Crossing Enhancements Project, Specification No. PW 24-30. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:

1. A total of $10,398,673.15 in Project funds for the Neighborhood Street Resurfacing – La Colonia Phase III Project, the Colonia Rd and Juanita Ave Sidewalk Improvement Project, and the Ramona Elementary School Pedestrian Crossing Enhancements Project, Specification No. PW 24-30;

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $8,665,561.15 for the Project and approve a Project contingency amount of $866,556 (~10%) with Toro Enterprises, Inc. for a total not to exceed value of $9,532,117.15 for the Project;

3. A Project allocation amount of $866,556 (~10%) for engineering, inspection, survey and project management for the Project; and

4. Approve project budget appropriations of $1,200,000 for the Neighborhood Street Resurfacing Project (C2209), consisting of a budget transfer of $1,000,000 within the Community Development Block Grant (CDBG) Fund (201), $100,000 from the available fund balance in the Water Operating Fund (601), and $100,000 from the 27 July 1, 2025 OXNARD CITY COUNCIL PAGE 5
available fund balance in the Wastewater Operating Fund (611) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts.
(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.)
The Public Works Director and Project Manager Flynn were available to answer questions. Discussion ensued among the Council and staff. Public comment was received from Eric Andrist and Manuel Herrera.

It was moved by Councilmember Rodriguez, seconded by Councilman Starr, to approve the recommended action as presented. VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua, and Mc Arthur voted in favor; the motion carried 7-0.

2. City Manager Department
SUBJECT: Agreement A-8587 with Blue Star Operations Services, LLC (Dallas Cowboys) for 2026 - 2030 Dallas Cowboys Training Camp. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with Blue Star Operations Services, LLC (Dallas Cowboys) [A-8587] for the Use of City Facilities for the 2026 - 2030 Dallas Cowboys Training Camp.
(This item did not originate in Committee.)
The City Manager was available to answer questions. Discussion ensued among the Council and staff. Public comments were received from Tom Cady, Brittney Hendricks, Greg Runyon, Eric Andrist, Bryan Wansley, Phillip Molina, Manuel Herrera and Levi Duarte.

It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Mc Arthur, and Perello voted in favor; the motion carried 7-0.

3. Finance Department
SUBJECT: City of Oxnard Annual Investment Policy for Fiscal Year 2025-26. (10 minutes)
RECOMMENDATION: That City Council adopt Resolution No. 15,994 approving the FY 2025-26 Investment Policy for the City of Oxnard, and provide direction regarding delegation of investment authority.
(This item was considered by the Finance and Governance Committee on May 27, 2025, and has been revised to reflect comments received at the Committee meeting.) Chief Financial Officer and Assistant City Manager Sonstegard were available to answer questions. Discussion ensued among the Council and staff. Public comment 28 July 1, 2025 OXNARD CITY COUNCIL PAGE 6
was received from Phillip Molina.

It was moved by Mayor Mc Arthur, seconded by Mayor Pro Tem Teran, to approve the recommended action as presented. VOTE: Rodriguez, Starr, Teran, Basua, Mc Arthur, Perello, and Perez voted in favor; the motion carried 7-0 It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to extend the meeting past 10:00 p.m. VOTE: Perello, Perez, Rodriguez, Starr, Teran, and Mc Arthur voted in favor; the motion carried 6-0-1. Councilmember Basua was absent.

At 9:08 p.m., the City Council recessed into a closed session. At 11:46 p.m., the City Council reconvened in an open session in the Council Chambers. Mayor Mc Arthur announced that no reportable actions resulted for items C.2 and C.3.

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 11:46 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor
29 MINUTES

OXNARD HOUSING AUTHORITY
Regular Meeting
June 3, 2025
A. ROLL CALL, POSTING OF AGENDA

At 6:14 p.m., Chair Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard Housing Authority concurrently with the Oxnard City Council in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Commissioners Jose Andrade; Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The Secretary Designate called the roll and announced that the agenda was posted on Thursday, May 22, 2025 at the Library, City Hall kiosk, City Administrative offices and on the City of Oxnard website.

Staff members present were Alexander Nguyen, Executive Secretary; Ashley Golden, Assistant Executive Secretary; Stephen Fischer, General Counsel; Brenda Lopez, Interim Housing Director and Lourdes A. López, Secretary Designate.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

C. CLOSED SESSION

D. APPOINTMENT ITEMS

E. OPENING CEREMONIES (6:00 PM)

The meeting opened with the pledge of allegiance to the flag of the United States led by Jose Luis Ramirez, a student at Anacapa Adult Transition School, followed by a moment of silence in honor of former Mayor Thomas E. Holden and former City employee Roger Rider.

F. CEREMONIAL ITEMS

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

H. REPORT OF EXECUTIVE SECRETARY

I. HOUSING AUTHORITY REPORTS

J. REVIEW OF INFORMATION/CONSENT AGENDA

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

30 OXNARD HOUSING AUTHORITY
June 3, 2025 PAGE 2
L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Housing Authority Board of Commissioners approve the regular meeting minutes of April 29, 2025.

7. Housing Department
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program Section 8 Budgets for Fiscal Year 2025-2026.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard:

1. Adopt Resolution No. 1,351 approving the recommended $7,795,322 operating budgets for the Low Rent Public Housing Program for Fiscal Year 2025-2026, as presented for each project area, and approve and authorize the use of $201,272 of unrestricted cash to fund the projected deficit; and

2. Adopt Resolution No. 1,352 approving the recommended $35,921,457 operating budget for the Housing Choice Voucher Program Section 8 for Fiscal Year 2025- 2026, and approve and authorize the use of $149,715 of unrestricted cash to fund the projected deficit.
(Finance and Governance Committee approved 3-0 on May 13, 2025.)

It was moved by Commissioner Andrade, seconded by Vice Chair Teran, to approve the Information/Consent items as presented. VOTE: Andrade, Perez, Rodriguez, Starr, Teran, Basua, Perello and Mc Arthur voted in favor; motion passed 8-0.

CITY COUNCIL
At 8:09 p.m., the joint meeting with the City Council concluded.

M. PUBLIC HEARINGS

N. REPORTS

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Mc Arthur adjourned the meeting at 8:09 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
Secretary Designate Chair
31 MINUTES

OXNARD HOUSING AUTHORITY
Regular Meeting
June 17, 2025
Because there were no items requiring consideration on this date, there was no regular meeting.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
Secretary Designate Chair

32 MINUTES

OXNARD HOUSING AUTHORITY
Regular Meeting
June 26, 2025
Because there were no items requiring consideration on this date, there was no regular meeting.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
Secretary Designate Chair

33 MINUTES

OXNARD HOUSING AUTHORITY
Regular Meeting
July 1, 2025
Because there were no items requiring consideration on this date, there was no regular meeting.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
Secretary Designate Chair

34 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: July 15, 2025

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION

That the City Council receive and file the list of City Manager approved contracts for the period December 6, 2024 through June 30, 2025.

(This item did not originate in Committee.)

BACKGROUND

Per City Code Chapter 4: Public Projects; Purchasing and Contracting allows the City Manager to approve any procurement contract or purchase order up to $220,000 annually. Additionally, the City Manager may approve any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed $220,000 annually. The attached list of contracts, purchase orders and amendments meet the criteria of amounts of being between $101,000 to $220,000 annually (including all prior amendments) for the period between December 6, 2024, through June 12, 2025.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Amira Martinez, Administrative Assistant

ATTACHMENTS

1. City Manager Contract List 12.6.2024 through 6.30.2024

35 City Manager Contract & Purchase Order Approvals - December 6, 2024 - June 2025Contracts & Purchase Orders from $101,000 to $220,000 Annually No. PurchasingMethod City CouncilApproval Date CMapproved ContractNo. PurchaseOrder No. Vendor Description Value ofItemapproved Total Value
Term ofAgreement- Start date
Term ofAgreement- End Date
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 Sole Source:Proprietary No 12/9/202432500125N/A Gibbs International, Inc.

Trade Services Agreement forInternational & Isuzu Truck Repairs andMainteneance $200,000.00$200,000.008/1/20247/31/2025RFB No. 25-115R(Rebid) No 12/9/202432500293N/A Jaynes BrothersConstruction Citywide Playground Replacement Project- Brekke Park $136,127.65$136,127.65 RFP No. 25-02No 12/17/202432500244N/A Sinatra Uniform, Inc.Trade Services Agreement for Citywideuniform purhcase services $200,000.00$200,000.0011/1/202410/31/2025Sole Source:Integration &operational featuresfor installation onlyavailable throughEtherstack No 1/13/202532500127N/A Etherstack End-User Licesnse Agreement Etherstackintegrate with intertalk for Police radiosystem $188,930.69$188,930.698/1/20247/31/2025 RFB No. 23-110No 1/13/202532500041N/A Clean HarborsEnviromental Trade Services Agreement forConditionally Exempt Small QuantyGenerator Waste $117,753.42$117,753.428/1/20247/31/2026 RFB No. PW25-51No 1/13/202532500320N/A Central Coast Playgrounds,Inc.

Citywide Playground Replacement Project- Community Center Park WestPlayground $134,000.00$134,000.00RFB No. PW 24-31R(Rebid) 11/19/20241/13/202532500251N/A R.e. Schultz Construction,Inc. Citywide Playground Replacement Project- Marina West $218,526.00$218,526.00 RFB No. PW 24-12612/17/20241/13/202532500303N/A Jaynes BrothersConstruction Citywide Playground Replacement Project- College Estates $199,993.90$199,993.90Sole Source:compatible partswith exisitingequipment No 1/16/2025N/A 22500840Trojan TechnologiesTrojan System UVPHOX ReplacementParts $191,943.06$191,943.06 RFP No. 25-01No 1/29/202532500300N/A Foster & Foster ConsultingActuarie Professional Services Agreement for SRP,CalPers GASB 68 & Pension OverrideStudy $110,000.00$110,000.001/1/202512/31/2027 RFB No. 24-1261/21/20252/3/202532500302N/A Jaynes BrothersConstruction Citywide Playground Replacement Project- Carty Park $169,219.30$169,219.30Informal Bid:Universal Studios,Magic Mountain,Disneyland No 2/4/2025N/A 22500908NBC Universal Studios2025 Universal Studios Grad Bash Tickets $115,200.00$115,200.00RFP No. 24-36(re-bid) Grantinformation was notin the ﬁrst RFP No 2/4/202532500298N/A T.Y. Lin International Professional Service Agreement forEngineering Services for ASCE 41 Tier 1 &2 Seismic Study for the Oxnard CarnegieArt Museum $109,950.00$109,950.0012/2/20248/2/2025 RFB No. 25-38No 2/24/202532500392N/A The 44 Group, Inc dbaInvictus Support ServicesOn-call professional services for windowcleaning services $220,000.00$220,000.001/21/20251/20/2026 RFP No. 25-06No 2/24/202532500348N/A Benevate, LLC dbaNeighborly Software Software license for grants management $136,100.00$136,100.001/13/20251/12/2028 36 City Manager Contract & Purchase Order Approvals - December 6, 2024 - June 2025Contracts & Purchase Orders from $101,000 to $220,000 Annually No. PurchasingMethod City CouncilApproval Date CMapproved ContractNo. PurchaseOrder No. Vendor Description Value ofItemapproved Total Value
Term ofAgreement- Start date
Term ofAgreement- End Date
16 17
18 1920
21 2223
24 25
RFB No. 25-46No 2/24/202532500297N/A County First Fire, LLC Inspection, maintenance and repair ofﬁre extinguishers $200,000.00$200,000.002/5/20252/4/2027Single Source; 20%discount oﬀ MRSP;local vendor No 3/13/202532500315N/A Envision ford LincolnOxnard Fleet Service Agreement for AutomotiveMechanical Inspections, Maint. & Repair$140,000.00$140,000.0012/23/202412/22/2025CooperativeAgreement:Sourcewell AvantTeco USA020223-AVT No 3/26/2025N/A 22501068Global Machinery Purchase One (1) Leguan 190 63ft SpiderLift $129,405.58$129,405.58 RFP No. 24-118No 4/7/202532500463N/A Carson Block Consulting,Inc.

Professional Services Agreement for theLibrary Technology Refresh Assessment &Design $199,210.00$199,210.003/10/20256/30/2026RFB No. 24-98No 4/14/202532500475N/A Core & Main Water Infrastrucure Parts & Supplies$156,000.00$156,000.00 RFP No. 24-80No 4/14/202532500027N/A KPFF, Inc.
1st Amendment to extend the contractend date from February 28, 2025 to June30, 2025 and add an additional $8,600(Seismic Study for Oxnard PerformingArts Center) $8,600.00$155,837.007/1/20246/30/2025 Single Source No 4/14/202532500491N/A Cogstone
Professional Services Agreement forArchaeology Consulting Services for theCity of Oxnard's Carnegie Museumcollections inventory pertaining to theNative American Graves Protection andRepatriation Act $100,000.00$100,000.004/1/202512/31/2025RFP 24-75 No 4/30/202532500019N/A Harris & Associates, Inc.1st Amendment to increase $20,000.00$103,370.007/1/202412/31/2025 RFP 25-68 No 4/30/202532500420N/A
Channel Watch MarineServices, Inc. dbaTOWBOATUS Ventura General Services Agreement for HarborDebris Removal and MaintenanceServices $200,000.00$200,000.002/3/20252/2/2026 RFB 25-118N/A 6/18/202532500549N/A
The Willis Corp. dbaVentura County OverheadDoor
General Services Agreement for On-CallMaintenance and Repair of Roll-Up Doorsand Motorized Gate Openers $220,000.00$220,000.007/1/20256/30/2026 37 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: July 15, 2025

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Planning Commission Stipend Ordinance.

RECOMMENDATION

That the Oxnard City Council:

Adopt Ordinance 3064 titled “AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING CHAPTER 2 ARTICLE II DIVISION 7 SECTIONS 2-96 AND 2-97 OF THE OXNARD CITY CODE ESTABLISHING A STIPEND FOR SERVICE ON THE OXNARD PLANNING COMMISSION”

(The Finance & Governance Committee approved 2-1 on March 11, 2025.)

BACKGROUND

Ordinance No. 3064 was introduced by the City Council on June 26, 2025. The City Council approved the first reading of the ordinance by a vote of 6-1 (with Councilman Starr voting 'no'). If adopted by City Council on July 15, 2025, the ordinance will take effect thirty days thereafter.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Based on the recommendations, the maximum cost would be approximately $25,200 per year, assuming a stipend of $150 per Commissioner per meeting and a total of 24 meetings per year with all commissioners in attendance. However, based on the data from the last two years, there were a total of 16 meetings held in 2023 and 14 meetings held in 2024. Over that time period, there was an approximately 80 percent attendance rate. Based on these two data points, with seven Commissioners, the stipend would have been approximately $13,440 and $11,760, respectively, with attendance required.

The amounts above are for illustrative purposes only, as the exact cost could vary based on the number of meetings held.

While application fees are collected for projects that are presented to the Planning Commission to pay for staffing and noticing costs, fees do not include costs associated with Planning Commission Stipends. On June 26, 2025, the City Council approved a Fiscal Year 2025-26 General Fund (101) appropriation in the amount of $26,250 to fund the Planning Commission Stipends.

38 For Finance Use Only:

General Fund (Org. 1011101 Obj. 52350)

COMMITTEE OUTCOME

The Finance and Governance Committee recommended 2-1 on March 11, 2025 to establish a $150 per meeting stipend, for meetings attended. The Council Committee did not discuss reimbursements in detail, and did not include reimbursements in their motion.

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

ATTACHMENTS

1. June 26, 2025 City Council Staff Report

2. Ordinance Allowing for a Stipend for Planning Commission

39 CITY COUNCIL AGENDA REPORT

REPORTS AGENDA ITEM NO. M.5

DATE: June 26, 2025 TO: City Council FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Planning Commission Stipend (20 minutes) RECOMMENDATION That the City Council: 1. Approve the first reading by title only and waive further reading of the proposed Ordinance titled: “AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING CHAPTER 2 ARTICLE II DIVISION 7 SECTIONS 2-96 AND 2-97 OF THE OXNARD CITY CODE ESTABLISHING A STIPEND FOR SERVICE ON THE OXNARD PLANNING COMMISSION”; and

2. Adopt a resolution establishing $150 per meeting compensation for the members of the Planning Commission of the City of Oxnard; and

3. Approve a Fiscal Year 2025-26 budget appropriation from the General Fund (101) available fund balance in the amount of $26,250. (Finance and Governance Committee approved 2-1 on March 11, 2025).

Please click on the following link to view the required Measure M pre-recorded presentation video: BACKGROUND

40 The Oxnard Planning Commission (Commission) consists of seven members who serve at the pleasure of the City Council and may be removed and replaced at Council’s discretion. The qualifications for Planning Commissioners are that they must reside in the city and be at least 18 years of age. Commissioners are nominated by Council members to four-year terms, unless a vacancy occurs during the term of a commissioner. A member of the commission may serve up to two consecutive terms. Pursuant to the Oxnard City Code (OCC), the members of the Commission do not receive compensation for their time preparing for or attending Commission meetings, which is consistent with the other City of Oxnard Citizen Advisory Groups (CAGs). As with other CAGs within the City, the OCC outlines that the City Council shall provide the funds and equipment necessary for the work of the Commission. Any changes to the compensation of the Commission would be at the discretion of the City Council. At the request of the Commission, on August 15, 2024, City staff placed on the Commission Agenda a study session/report discussing the proposal of stipends for members of the Commission. At the meeting, Ronald Arruejo, Chair of the Commission (Chair), prepared and submitted a memo highlighting the role of the Commission, a rate comparison looking at Oxnard compared to other cities and the benefits of providing a stipend to the Commission (Attachment 1). The Chair prepared a resolution in support of providing a stipend to the Commission for approval by the full Commission. After a presentation by the Chair, the Commission discussed the proposal, noting generally that they were appreciative of the discussion and that while there was no compensation, it was an honor to serve on the Commission. Following the deliberation, the Commission voted 5-0, with one absence and one abstention, to approve the resolution as prepared by the Chair. As noted above, the approval of compensation for the Commission is at the discretion of the City Council. The approved Planning Commission resolution only had the effect of allowing the Chair and up to two other Commission Members to present the resolution to the City Council during the City Council public comment period. The Chair then presented the resolution to the City Council and, while the resolution could not be discussed in detail at the meeting, the Council directed staff to bring the item to committee for further discussion. The topic was brought to the Finance and Governance Committee (Committee) meeting on March 11, 2025. Please see the “Committee Outcome” section of this report for additional details. Based on a 2-1 vote at the Committee, the draft ordinance and resolution would provide a per-meeting stipend of $150 to each Commissioner. ANALYSIS Summary The Commission is one of seven CAGs established by the OCC within the City, however, their roles and responsibilities are defined in State Law. While there is a potential for up to 24 meetings each year, one or two meetings are often removed from the calendar due to conflicts with holidays. Meetings are held on an as-needed basis, with an average of 15 meetings per year, with each meeting averaging approximately one hour and 30 minutes. The Chair conducted a survey of other neighboring agencies in Kern, Los Angeles, Santa Barbara, and Ventura Counties, which was verified by City Staff. As shown in the table (Attachment 4), the majority of agencies surveyed (29 of 38 (not including Oxnard)) provided some sort of stipend. The agencies that provide a stipend generally provide a stipend on a per-meeting basis and the majority of those require attendance to receive the stipend. The per-meeting stipend ranged from $10 to $350. As an alternative, a few agencies provide a flat monthly stipend which ranged from $50 to $543. In the Memo the Commission Chair provided to the Planning Commission, and during the Committee meeting, the Chair stated that Oxnard was one of only two cities in the County that did not provide a stipend. However, staff would like to clarify that applies only for those cities in the County the Chair received responses from. In his Memo to the Commission there is the following footnote: “The City of Port Hueneme does not have a separately appointed planning commission, it is unknown if and how much the compensation for the City of San Buenaventura is, and the Cities of Ojai and Fillmore have not yet responded to inquiries regarding compensation for members of their Planning Commission.” At the Committee meeting, the Commission Chair provided a slide that indicated Ojai does not pay their Commission. In addition, Ventura is not listed in the presentation, but the list of agencies subsequently verified by City Staff, provided in 41 Attachment 4, shows that the commissioners are not paid in Ventura. The Chair also presented a slide to indicate that a $150 per meeting stipend the Planning Commission recommended to the Council was below the per capita amount, but there was no actual discussion or additional data provided on the rationale to use a per capita data point. The slide presented by the Chair, pasted below, notes that currently seven (7) of the thirty-eight (38) cities surveyed pay $150 or more per meeting. “PCs in Ventura, Kern, Santa Barbara, & Los Angeles Counties: Stipend Amounts per Meeting” The slide noted that the per-meeting amounts were calculated at 50% of the per-month rate for the cities that paid a monthly stipend, such as Simi Valley and Thousand Oaks. See the “Committee Outcome” section for additional details. Role of the Commission The Commission’s role is to make sound land use decisions supporting the mission statement. The mission of Oxnard’s Planning Division is to create, preserve and enhance the quality of the City’s natural and built environments through implementation of the General Plan, Zoning Ordinance, Adopted Specific Plans, Local Coastal Plan, and the Coastal Zoning Ordinance. More specifically, pursuant to Section 2-95 of the OCC, the Commission has three core functions:

1. The functions and duties assigned to the commission by the code and other ordinances and resolutions of the city council; 2. The functions set out in Cal. Gov't Code, Sections 65103, 65400, 65401 and 65402; and 3. The duties imposed on a commission by Cal. Health and Safety Code, Section 33000.

Under State Law, the primary applicable code section is Government Code Section 65103, which outlines that each planning agency (Commission) shall perform all the following functions:
a. Prepare, periodically review, and revise, as necessary, the general plan. b. Implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. c. Annually review the capital improvement program of the city or county and the local public works projects of other local agencies for their consistency with the general plan, pursuant to Article 7 (commencing with Section 65400). d. Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it. e. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning the implementation of the general plan. f. Promote the coordination of local plans and programs with the plans and programs of other public agencies. g. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. 42 In the City, the Commission is the decision maker on Special Use Permits, Variances, Administrative Relief from Parking Provisions, Parcel Map Waivers, and Coastal Development Permits. The Commission is the appeals body for Development Design Review Permits, Downtown Design Review Permits, Minor Modifications, Temporary Use Permits, Coastal Exemptions, Emergency Permits, Categorical Exclusions, Development Review Permits, Administrative Modifications, and Final Restoration Plans. Lastly, the Commission is responsible for making recommendations to the City Council on Zoning Code/Subdivision Ordinance Text Amendments, Zone Changes, Tentative Subdivision Maps, Development Agreements, Specific Plans, General Plan Amendments, and Annexations. In addition to the items above, pursuant to Government Code Section 65402, a Finding of General Plan Conformity must be made by the Commission for any acquisition, disposition, vacation, or abandonment of any real City property by the City. Specifically, the Commission is to determine whether the location, purpose, and extent of such proposed real property transaction conforms with the 2030 General Plan. This section also applies to acquisitions and depositions by the County or other local agencies within City jurisdiction. Time Commitment The Commission currently holds their meetings on the first and third Thursday of each month at 6:00 p.m. in the Council Chambers, however, while rare, special meetings can be convened as needed. While there is a potential for up to 24 meetings each year, one or two meetings are often removed from the calendar due to conflicts with holidays. Meetings are held on an as-needed basis, so meetings are canceled when there are no items that are ready for the Commission’s review or if the Commission fails to achieve a quorum (4 members). Based on data from 2023 and 2024: ● There were a total of 16 meetings held in 2023 and 14 meetings held in 2024. ● Over that time period, there was an approximately 80 percent attendance rate. ● The average meeting lasted 1 hr and 20 minutes and 1 hr and 41 minutes, respectively. However, it is important to note that, due to the variation in the items that come before the Commission, the time of meetings varies from approximately 30 minutes to 6 hours. ● The same variation can be found in the length of the Commission Packets as well, which can range from around 125 pages to over 3,000 pages when including environmental documents, such as the recent Teal Club project and Lockwood 3 projects. Potential Benefits of Commission Stipends As noted above, the Commission serves important functions prescribed by the State. These functions are critical for the growth of a city, as sound decision-making is important for the development of a city, particularly, as planning and, more specifically, housing planning has become a focus of state regulations. While staff are not making a recommendation in favor or against the provision of stipends, the Chair laid out the following potential benefits: 1. Encourage qualified people to become members of the Planning Commission. 2. Increase retention of members, which helps with institutional and historical knowledge of projects. Although not stated in the Chair’s memo to the Planning Commission, if the stipend requires attendance at meetings, then the stipend would also encourage attendance of those appointed to the Commission. Although it rarely occurs, lack of attendance by Commissioners can delay decisions on development projects, impacting developer timelines. Also, commissioner turnover requires additional training and funding (approximately $2,000 per commissioner) and additional staff time to bring the new commissioners up to speed. Returning Commissioners can also bring much-needed experience and continuity, which is beneficial for new members and developers. Survey of Other Agencies The Chair conducted a survey of other neighboring agencies in Kern, Los Angeles, Santa Barbara, and Ventura Counties, which was verified by City staff. As shown in the table (Attachment 3), the majority of agencies surveyed (29 of 38 (not including Oxnard)) in the region provide some sort of stipend. There was less information and consistency on data related to reimbursements, but the Planning Commission resolution included “reimbursement of actual and necessary expenses incurred for City-related business”. Of those cities surveyed, only three (3) are confirmed to provide mileage reimbursement. The agencies that provide a stipend generally provide a stipend on a per-meeting basis and the majority of those require attendance to receive the stipend. The per-meeting stipend generally ranged from $10 to $350. In some cases, cities that provide a per-meeting stipend also had a max stipend per month (i.e. Santa Maria). As an alternative, a few agencies 43 provide a flat monthly stipend which ranged from $50 to $543, some of which required commissioner attendance and some did not. The Chair’s memo (and the Resolution) presented to the Planning Commission stated in Section 3 that Oxnard is the only planning commission body which does not receive compensation in Ventura County. “WHEREAS, the Planning Commission of the City of Oxnard is the only municipal or county planning commission in the County of Ventura which has a body separate from the elected members of the municipality or county which does not receive compensation.” Staff would like to clarify that the Chair’s research included 7 of the 10 cities in the County and the County, and with the exception of Port Hueneme, specific data was not provided on when a body was separate from the elected members. Based on the Chair’s research, the City of Port Hueneme does not have a separately appointed planning commission. It was unknown if and how much the compensation for the City of Ventura is, and the cities of Ojai and Fillmore did not respond to his inquiries when the Resolution and memo were presented to the Planning Commission. 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 If a $150 per meeting stipend for the Commission is ultimately approved by City Council, the funding for the Commissioner stipend would come from the General Fund. Based on the recommendations, the maximum cost would be approximately $25,200 per year, assuming a stipend of $150 per Commissioner per meeting and a total of 24 meetings per year with all commissioners in attendance. However, based on the data from the last two years, there were a total of 16 meetings held in 2023 and 14 meetings held in 2024. Over that time period, there was an approximately 80 percent attendance rate. Based on these two data points, with seven Commissioners, the stipend would have been approximately $13,440 and $11,760, respectively, with attendance required. The amounts above are for illustrative purposes only, as the exact cost could vary based on the number of meetings held. While application fees are collected for projects that are presented to the Planning Commission to pay for staffing and noticing costs, fees do not include costs associated with Planning Commission Stipends. Therefore, a budget appropriation of $26,250 is needed for the Planning Commission Stipends. For Finance Use Only: General Fund (Org. 1011101 Obj. 52350) COMMITTEE OUTCOME The Finance and Governance Committee recommended 2-1 on March 11, 2025 to establish a $150 per meeting stipend, for meetings attended. The Council Committee did not discuss reimbursements in detail, and did not include reimbursements in their motion. At the Committee meeting Planning Commission Chair presented a powerpoint in which he outlined many of the elements of the Planning Commission’s resolution to establish a stipend (attachment 3). Committee deliberations ensued and Chair Mc Arthur stated his position that he supports $150 per meeting stipend, primarily as a tool to recruit young people that may be sacrificing potential earnings, and giving long hours to prepare and 44 participate in the meeting. Chair Mc Arthur also stated that he believes $150 is on the low end and a starting point. Chair Rodriguez, supported $150 per meeting stipend, also drawing on the amount of time spent for this role. Committee Member Starr (Starr) did not support pay for volunteer positions, and expressed that the “pay” the volunteer receives is that the members get a bigger say over what happens in the city. Starr also responded to a point raised by the Planning Commission Chair that the stipend would help retain members. Starr pointed out that historically members of the Commission did serve multiple terms and offered that the reason we may have less retention with the Commission may be term limits or lack of advertisement for the role, not necessarily compensation. Lastly, Starr raised the concern of the precedent this would set for other CAGs to seek compensation. Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager ATTACHMENTS 1. Chair Arruejo’s Proposal for Stipends for Members of the Planning Commission Memo 2. Planning Commission Resolution 2024-22 3. PC Chair Arruejo’s Committee Presentation 4. Survey of Other Communities 5. Proposed Ordinance 6. Proposed Resolution 7. Presentation 45 CITY COUNCIL OF THE CITY OF OXNARD ORDINANCE NO. 3064 ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA

AMENDING

CHAPTER

2 ARTICLE

DIVISION

7 SECTIONS

2-96

AND

2-97

THE

OXNARD

CITY

CODE

ESTABLISHING

STIPEND

FOR

SERVICE

THE

OXNARD

PLANNING

COMMISSION

WHEREAS, Oxnard City Code Section 2-97 authorizes the City Council to provide the funds

and

equipment

necessary

for

the

work

the

commission;

and

WHEREAS, the City Council has not adopted an ordinance that provides compensation to

members

the

Planning

Commission

for

attendance

Planning

Commission

meetings;

and

WHEREAS, to encourage qualified persons to become members of the Planning Commission

and

ensure

that

members

the

Planning

Commission

are

compensated

comparably

Planning

Commission

members

other

cities,

the

best

interests

the

City

provide

for

compensation

members

the

Planning

Commission;

and

WHEREAS, the City Council may establish the compensation of various city boards and commissions;

and

WHEREAS, on March 11, 2025, the Finance and Governance Committee (“Committee”) voted

2-1

recommend

that

the

City

Council

approve

stipend

for

the

Planning

Commission;

and
WHEREAS, the City Council determined that this action is exempt from environmental review

pursuant

the

California

Environmental

Quality

Act

(CEQA)

Guidelines

Sections

15060(c)(2)

and

(3)

and

15061(b)(3)

this

ordinance

regulatory

action

which

will

not

result

direct

reasonably

foreseeable

indirect

physical

change

the

environment

and

when

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment

are

not

subject

CEQA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN

FOLLOWS:

PART 1 . Recitals. The City Council finds that all the recitals, facts, findings, and conclusions

set

forth

above

the

preamble

this

Ordinance

are

true

and

correct.

PART 2 . Codified Amendment. The City Clerk is directed to request that the publisher of the

City

Code

add

thereto

the

amendments

listed

Parts

3 and

4 of

this

Ordinance,

set

forth

below,

which

modify

Chapter

2 of

the

City

Code.

46 Ordinance No. 3064 (Planning Commission Stipend Ordinance) Page 2 of 3 PART 3. Section 2-96 subsection (A) “Composition” Division 7 of Chapter 2 Article II of

the

Oxnard

City

Code

shall

amended

read

follows:
“SEC. 2-96. COMPOSITION. (A) The commission shall consist of seven members. Members of the commission shall serve and

may

removed

and

replaced

the

pleasure

the

city

council.

Members

shall

reside

the

city,

and

shall

least

18 years

age.”

PART 4. Section 2-97 “Finances” Division 7 of Chapter 2 Article II of the Oxnard City Code

shall

amended

read

follows:
“SEC. 2-97. FINANCES. (A) The city council shall provide the funds and equipment necessary for the work of the commission. (B) Planning Commissioners shall receive compensation in the amount established by resolution

the

City

Council.”
PART 5 . The City Council determines and finds that this ordinance is exempt from the California

Environmental

Quality

Act

(CEQA)

under

Section

15061(b)(3)

the

CEQA

Guidelines

because

the

activity

covered

the

common

sense

exemption

that

CEQA

applies

only

projects

which

have

the

potential

for

causing

significant

effect

the

environment.

Where

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment,

the

activity

not

subject

CEQA.

PART 6 . Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion

this

Ordinance

the

application

thereof

any

person

place,

for

any

reason

held

invalid

unconstitutional

the

final

decision

any

court

competent

jurisdiction,

the

remainder

this

Ordinance

shall

remain

full

force

and

effect.

PART 7 . Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated

prepare,

and

the

City

Clerk

published,

summary

this

Ordinance,

and

certified

copy

the

Ordinance

was

posted

the

Office

the

City

Clerk

minimum

five

days

before

the

City

Council’s

adoption

the

Ordinance.

// // // // // // // //

47 Ordinance No. 3064 (Planning Commission Stipend Ordinance) Page 3 of 3 SECTION 8 . The City Clerk shall certify as to the adoption of this Ordinance and shall cause

the

summary

thereof

published

within

fifteen

(15)

days

the

adoption

and

shall

post

certified

copy

this

ordinance,

including

the

vote

for

and

against

the

same,

the

office

the

City

Clerk,

accordance

with

Gov.

Code

Section

36933.

Ordinance

No.
3064 was first read on June 26, 2025, and finally adopted on July 15, 2025 to become effective thirty days thereafter. PASSED AND ADOPTED this 15th day of July, 2025 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Luis A. Mc Arthur, Mayor ATTEST: _________________________________ Lourdes A. López, City Clerk APPROVED AS TO FORM: __________________________________ Stephen M. Fischer, City Attorney

48 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: July 15, 2025

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Private Parking Ordinance.

RECOMMENDATION

That the City Council:

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025.)

BACKGROUND

Ordinance No. 3063 was introduced to the City Council at its June 26, 2025, meeting. Following a public hearing, the Council voted to introduce the ordinance, with a vote of 7-0 for first reading by title only, waiving further reading. If adopted by Council on July 15, 2025, the ordinance will take effect in thirty days thereafter.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There are no financial impacts associated with this agenda item. The City would collect funds from the applicants utilizing Council-approved hourly fee rates to cover the cost of reviewing the registration. The City would not collect any private parking ticket charges.

COMMITTEE OUTCOME

At the Community Services, Public Safety, Housing & Development Committee, the committee asked questions of staff regarding application and registration fees, towing procedures, and signage requirements. The discussion around towing procedures for unauthorized parked vehicles was clarified that the CVC regarding removal of vehicles from private property can already be utilized without the adoption of this ordinance. To further elaborate, the CVC currently allows private property owners and the businesses to tow unauthorized parked vehicles so long as they have proper signage in place indicating towing is enforced on the property. This vehicle code section remains effective as an option for property owners, in addition to issuing parking tickets with the approval of the proposed ordinance. However, to ensure compliance with private property towing, CVC Section 22658 has been added to the Private Parking Ordinance Section 49 8-61.1.

To conclude the meeting, Chair Mayor Mc Arthur recommended that prior to implementation of issuance of parking tickets, that property owners communicate to business owners, employees, visitors, and customers as a courtesy warning that enforcement of parking will occur by a selected date. Staff has incorporated in the application and registration requirements that notices be provided to the business owners and employees and signage placed onsite seven (7) days prior to issuing tickets in Section 8-61.5.

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jamie Peltier, Planning Supervisor

ATTACHMENTS

1. June 26, 2025 City Council Staff Report

2. Ordinance Approving Private Parking Ordinance

50 CITY COUNCIL AGENDA REPORT REPORTS AGENDA ITEM NO. M.3

DATE: June 26, 2025 TO: City Council FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Private Parking Ordinance (20 minutes) RECOMMENDATION That the City Council: Approve the first reading by title only and waive further reading of the proposed Ordinance titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING DIVISION 3 TO ARTICLE IV OF CHAPTER 8 OF THE OXNARD CITY CODE REGARDING PRIVATE PARKING; FILED BY CITY OF OXNARD, COMMUNITY DEVELOPMENT DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA, 93030.” (Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025.) Please click on the following link to view the required Measure M pre-recorded presentation video: BACKGROUND The Community Development Department has prepared an ordinance to facilitate off-street parking enforcement on private properties. Private property owners have historically been limited in their ability to enforce parking regulations with towing as their only current recourse. In 2015, Assembly Bill (AB) 451 was signed into law amending California Vehicle Code (CVC) Section 21107.8 to introduce specific requirements that allow cities or counties to authorize regulations by resolution or ordinance for unauthorized parking in privately owned off-street parking facilities that are generally open to the public. AB 451 recognized this issue for cities and counties that have high parking demands and usage and amended the CVC to allow for the enforcement of parking violations on private property through the issuance of parking tickets. City Code addresses towing on public streets, alleys, and parking lots, as well as towing of abandoned vehicles. Towing on private property is addressed in the CVC. AB 451 did not alter the ability of private parking operators to tow vehicles under existing regulations (CVC Section 22658). See additional discussion in the "Committee Outcome” section of this report. DISCUSSION 51 Approval of this ordinance will allow specific types of private parking operators/owners to issue notices of a parking charge (i.e. parking tickets), similar to on-street public parking violations, within their off-street private parking facilities. The introduction of the attached Private Parking Ordinance would aid property owners in addressing unauthorized parking on private property to encourage turnover of parking spaces in high-demand areas. This proposed ordinance would allow private property owners/operators of commercial retail district and shopping center parking facilities with greater than 200 parking spaces to enforce their private parking management strategies by issuing parking tickets, subject to obtaining a city registration and business tax certificate. As proposed, each property owner seeking to enforce private off-street parking must submit an application for a registration by the city to ensure compliance with the requirements of the ordinance; however, the city will not be involved in the enforcement process. ANALYSIS AB 451 enables the City, through this proposed ordinance, to grant private property owners/operators the ability to manage their private parking facilities under specific conditions and criteria. Operators of private parking facilities in commercial retail districts and shopping centers play a pivotal role in facilitating the usage of parking spaces to enhance the customer experience and maximize business for their tenants. Parking facility operations are established by the owner/operator of each parking facility and are designed to address the unique parking needs of their parking lots to ensure efficient turnover, particularly in high-demand areas. These operational efforts can include establishing maximum parking hours, providing for metered parking, providing security to monitor parking lots, and enforcement of towing of vehicles. The ability of parking facility operators to enforce the operational parking management strategies by charging for parking violations will be enabled by this ordinance. This ordinance would encourage parking turnover to increase parking availability for greater economic activity within the commercial retail and shopping districts in the City of Oxnard. Parking Requirements Under this proposed ordinance, the number of Oxnard City Code required off-street parking spaces and the layout of the parking facilities would not change. Proposed Private Parking Ordinance The proposed Private Parking Ordinance will provide the structure and tools for larger private commercial parking facilities in major shopping centers, citywide, to address unauthorized vehicles on private property by allowing private property owners to issue parking tickets when a vehicle is parked beyond the specified regulation. Locations that could potentially benefit from this ordinance include: The Collection, Shopping at the Rose, The Esplanade Shopping Center, The Centerpoint Mall, and Seabridge Marketplace. The proposed ordinance would align with State Law (AB 451), while adding other requirements specific to the City of Oxnard. Registration and Plan In order for private property owners and parking management operators to start issuing parking tickets, known as Notice of a Parking Charge in the proposed ordinance, they would be required to register with the City of Oxnard Community Development Department. The registration consists of an application to the Community Development Department with the following items: 1. The selected private parking operator with contact information, 2. The dispute resolution process established by the private parking operator, and 3. A parking and signage installation plan. When all items are provided and correctly completed, a registration and a city business tax certificate are issued, which would then allow the private parking owner/operator to begin issuing parking tickets for parking violations. Based on feedback from the Committee, staff incorporated in the application and registration requirements that notices be provided to the business owners and employees and signage placed onsite seven (7) days prior to issuing tickets. The registration is a one-time application unless there is a change in one of the above items that would require updating the registration. 52 The requirements of the parking and signage installation plan include a site plan of the parking facility, the location of signage indicating parking regulations will be enforced by ticketing, and if meters are used, the location and details of the meters. Posted signs are required at each entrance with a minimum dimension of 11 by 22 inches per state law. The Community Development Department would review the documents and plans to make sure all items meet the full criteria listed in the ordinance in order to receive a registration. Mail-In Parking Charges The parking violation results in a notice of a parking charge (i.e. parking ticket) for unauthorized parking in an off-street private parking facility that would not exceed the fine for stopping in a red zone City of Oxnard parking citation, which is currently $65 . The notice of parking charge would indicate “Invoice” followed by “Parking Fee Imposed by (name of parking operator).” The notices would clearly state that the notice of parking charge is “Not issued by the City of Oxnard” and would not be permitted to resemble a City of Oxnard parking violation notice. Mail-in parking charges would be paid to the private parking owner/operator. Dispute Process After the issuance of a notice of a parking charge, a customer will have the right to dispute the notice with the private parking operator. The ordinance describes the general outline of the dispute procedure for contested parking charges. A specific dispute procedure, not involving the City of Oxnard, will be developed in detail by each parking enforcement operator as part of the registration package reviewed by the city. If the customer is dissatisfied with that result, an administrative hearing held by an appointed qualified third-party examiner can review the disputed charge. After the administrative hearing, the decision is final. The appeal process, including the administrative hearing, would be managed by the private party parking enforcement operator and their qualified third party hearing officer. The City of Oxnard would not be involved in any part of the dispute process, including any appeals process or administrative hearings. Revocation The ability of private property owners to utilize the Private Parking Ordinance would be permitted for specific properties that register with the city, as described above, and that remain in compliance with the ordinance. The Community Development Director would have the ability to issue warnings and revoke a property owner's right to utilize the ordinance should they receive complaints or fail to comply with the requirements of the ordinance. STRATEGIC PRIORITIES This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities. FINANCIAL IMPACT There are no financial impacts associated with this agenda item. The City would collect funds from the applicants utilizing Council approved hourly fee rates to cover the cost of reviewing the registration. The City would not collect any private parking ticket charges. COMMITTEE OUTCOME At the Community Services, Public Safety, Housing & Development Committee, the committee asked questions of staff regarding application and registration fees, towing procedures, and signage requirements. The discussion around towing procedures for unauthorized parked vehicles was clarified that the CVC regarding removal of vehicles from private property can already be utilized without the adoption of this ordinance. To further elaborate, the CVC currently allows private property owners and the businesses to tow unauthorized parked vehicles so long as they have proper signage in place indicating towing is enforced on the property. This vehicle code section remains effective as an option for property owners, in addition to issuing parking tickets with the approval of the proposed ordinance. However, to ensure compliance with private property towing, CVC Section 22658 has been added to the Private Parking Ordinance Section 8-61.1. To conclude the meeting, Chair Mayor Mc Arthur recommended that prior to implementation of issuance of parking tickets, that property owners communicate to business owners, employees, visitors, and customers as a courtesy warning that enforcement of parking will occur by a selected date. Staff has incorporated in the application and registration 53 requirements that notices be provided to the business owners and employees and signage placed onsite seven (7) days prior to issuing tickets in Section 8-61.5. The Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 13, 2025 to approve the staff recommendation and to forward the item for Council approval. Prepared by: Jamie Peltier, Planning Supervisor ATTACHMENTS 1. Private Parking Ordinance 2. Staff Presentation

54 CITY COUNCIL OF THE CITY OF OXNARD ORDINANCE NO. 3063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
ADDING DIVISION 3 TO ARTICLE IV OF CHAPTER 8 OF THE

OXNARD

CITY

CODE

REGARDING

PRIVATE

PARKING

FILED BY CITY OF OXNARD, COMMUNITY DEVELOPMENT

DEPARTMENT,

214

SOUTH

STREET,

OXNARD,

CA,

93030.

WHEREAS, the State of California signed Assembly Bill (AB) 451 into law on January 1,

2016;

and
WHEREAS, AB 451 allows cities or counties to authorize, via ordinance or resolution, operators

privately

owned

off-street

parking

facilities

regulate

unauthorized

parking

their

facilities;

and
WHEREAS, the City requests to establish by ordinance the procedures for the private parking

facilities

privately

enforce

off-street

parking

and

codify

the

private

parking

regulations

modifying

Chapter

8 of

the

Oxnard

City

Code

(OCC);

and
WHEREAS, on May 13, 2025, the Community Services, Public Safety, Housing & Development

Committee

(“Committee”)

voted

(3-0)

the

private

parking

ordinance;

and
WHEREAS, the City Council determined that this action is exempt from environmental review

pursuant

the

California

Environmental

Quality

Act

(CEQA)

Guidelines

Sections

15060(c)(2)

and

(3)

and

15061(b)(3)

this

ordinance

regulatory

action

which

will

not

result

direct

reasonably

foreseeable

indirect

physical

change

the

environment

and

when

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment

are

not

subject

CEQA;

and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN

FOLLOWS:

Section 1 . Recitals. The City Council finds that all the recitals, facts, findings, and conclusions

set

forth

above

the

preamble

this

Ordinance

are

true

and

correct.

Section 2 . Codified Amendment. The City Clerk is directed to request that the publisher of

the

City

Code

add

thereto

the

amendments

listed

Part

3 of

this

Ordinance,

set

forth

below,

which

modify

Chapter

8 of

the

City

Code.

55 Ordinance No. 3063 (Private Parking Ordinance) Page 2 of 9 Section 3. Division 3 is hereby added to Article IV of Chapter 8 of the Oxnard City Code to

read

follows:
“ DIVISION 3. PRIVATE PARKING 8-61.1. Purpose and Intent 8-61.2. Definitions 8-61.3. Compliance with Article 8-61.4. Mail-in Parking Charges 8-61.5. Registration 8-61.6. Maximum Amount of Mail-in Parking Charges 8-61.7. Form and Content of Parking Charge Notices 8-61.8. Dispute Resolution Procedure for Contested Parking Charges 8-61.9. Prohibited Business Practices 8-61.10. Areas of applicability 8-61.11. Revocation SEC. 8-61.1. PURPOSE AND INTENT. The city council finds and declares that the owners of privately owned off-street parking lots are authorized

regulate

unauthorized

parking

such

facilities

accordance

with

the

provisions

this

article.

The city council further finds and declares that the provisions of the California Vehicle Code Sections 22350, 23103 and 23109,

provisions

Division 16.5 (commencing

with

Section 38000)

the

California

Vehicle

Code,

Section

22507.8

(Designated

Disabled

Parking),

and

Section

22658

(Removing

Vehicles)

the

California

Vehicle

Code

shall

apply

the

privately

owned

and

maintained

off-street

parking

facilities.

SEC. 8-61.2. DEFINITIONS. (A) BUSINESS HOURS - the period from one hour before the business is open for customers until

the

time

the

businesses

for

customers.

For

parking

spaces

designated

for

users

automated

teller

machines,

employee,

tenant,

other

non-customer

reserved

parking,

business

hours

means

24 hours

day

unless

otherwise

specified

signage

the

off-street

parking

facility.
(B) DIRECTOR - The Community Development Director for the City of Oxnard, or his/her designee.
(C) MAIL-IN PARKING FEE OR MAIL-IN PARKING CHARGE - a charge for unauthorized

parking

off-street

parking

lot.
(D) NOTICE OF A PARKING CHARGE - a written document affixed to a vehicle which notifies

the

vehicle

driver

mail-in

parking

fee

that

due

result

unauthorized

parking

off-street

parking

lot.

56 Ordinance No. 3063 (Private Parking Ordinance) Page 3 of 9 (E) OFF-STREET PARKING FACILITY - privately owned property that is generally held open

the

public

for

commercial

purposes

with

contiguous

lots,

discernible

portion

thereof,

containing

minimum

200

spaces

for

the

parking

vehicles,

including

but

not

limited

surface

lots,

parking

structures

above

ground

and

subterranean,

and/or

curb

parking.

(F) PARK - to leave a vehicle standing while the driver or owner of that vehicle has left the vehicle

has

exited

the

off-street

parking

facility.

(G) PARKING METER - any device which, when the recording dial thereof is set in motion by

the

deposit

any

coin,

equivalent

thereof,

the

operation

any

actuating

device,

registers

the

length

time

that

any

vehicle

parked

adjacent

the

immediate

vicinity

the

parking

meter

and

displays

flag,

sign,

receipt

displayed,

signal,

other

electronic

means

indicating

that

the

permitted

paid

time

has

expired.

Parking

meters

may

multi-space

single-space

meters,

and

may

require

vehicle

operators

display

receipt

enter

vehicle

identification

information

permit

parking

adjacent

the

immediate

vicinity

the

parking

meter.
(H) PERSON - any natural person, firm, company, corporation, partnership, governing body, institution

association.
(I) PRIVATE PARKING OPERATOR - any person who owns or controls, or person who acts

behalf

the

behest

person

who

owns

controls,

off-street

parking

lot.
(J) SIGN OR SIGNAGE - a public display and conveyance of information posted for viewing.
(K) UNAUTHORIZED PARKING OR PARKING WITHOUT AUTHORIZATION - shall include:

(i)

parking

off-street

parking

lot

violation

parking

restrictions

established

private

parking

operator

and

indicated

signs

the

off-street

parking

lot;

(ii)

failing

pay

(or

properly

display

proof

payment)

for

parking

any

pay

and

park

off-street

parking

lot;

(iii)

leaving

vehicle

parked

over-time

off-street

parking

lot

for

period

time

excess

the

amount

paid

for

permitted

(as

determined

the

private

parking

operator);

(iv)

parking

"no

parking,"

red

zone,

yellow

zone,

fire

lane,

non-designated

parking

space

off-street

parking

lot;

(v)

parking

manner

that

has

the

effect

blocking,

impeding,

restricting

another

vehicles

ability

egress

ingress

otherwise

obstructing

the

orderly

flow

traffic.
(L) VEHICLE - any automobile, motorcycle, trailer coach, park trailer, or any human-powered

device

that

moves

people,

also

defined

the

California

Vehicle

Code.

SEC. 8-61.3. COMPLIANCE WITH THIS ARTICLE.

57 Ordinance No. 3063 (Private Parking Ordinance) Page 4 of 9 A. It shall be unlawful and an unfair business practice within the meaning of Business and Professions

Code

§17200

for

any

person

charge

mail-in

parking

fee,

issue

cause

issued

notice

parking

charge,

that

not

compliance

with

this

article.

Any

notice

parking

charge

that

not

compliance

with

this

article

shall

invalid.

SEC. 8-61.4. MAIL-IN PARKING CHARGES. A. A private parking operator may charge a mail-in parking fee to owners of vehicles parked without

authorization

Off

Street

Parking

Facility

only

after

obtaining

approval

their

parking

and

installation

plan,

and

dispute

resolution

policy,

the

Director.

B. Where a private parking operator of an Off Street Parking Facility of a closed business utilizes

parking

meters,

lock-box,

other

device

requiring

payment

for

parking,

private

parking

operator

may

charge

mail-in

parking

fee

owners

vehicles

parked

the

parking

facility

without

authorization

outside

normal

business

hours.

C. Where a vehicle is parked in a no parking zone, red zone, yellow zone, loading zone, or non-designated

parking

space

Off

Street

Parking

Facility

closed

business,

private

parking

operator

may

charge

mail-in

parking

fee

the

owner

the

vehicle

outside

normal

business

hours.

SEC. 8-61.5. REGISTRATION. A. Every private parking operator who issues notices of parking charges shall first register and

receive

approved

parking

and

installation

plan,

including

dispute

resolution

policy,

and

they

shall

obtain

valid

City

Oxnard

Business

Tax

Certificate

before

doing

business

the

city.

The

fee

for

registering,

reviewing,

inspecting,

and

amending

the

registration

and

parking

and

installation

plan

shall

hourly

charge

for

the

city

staff

time

required

the

applicable

rates

set

forth

City

Council

resolution.

B. The private parking operator shall agree to place signage on site notifying the business owners,

employees,

and

customers

that

parking

regulations

will

enforced

least

seven

(7)

business

days

prior

issuing

notices

parking

charges.

C. The parking and installation plan submitted for review shall include the following: a. A site plan identifying the parking facility area where parking charges will be enforced

and

issued,

including

the

following

details:
i. Parking areas showing dimensions, and striping/markings for parking spaces,

painted

arrows,

areas,

drive

aisles,

and

driveway

throats.

ii. A table showing the number of parking spaces provided (by type), including

standard,

handicap,

bicycle

and

motorcycle

parking

spaces.
iii. Location of standard, motorcycle, and handicap parking spaces. iv. Type of proposed parking restriction by area.; b. Signage types; c. Signage locations; d. Signage language and size; and e. Number of signs used.

58 Ordinance No. 3063 (Private Parking Ordinance) Page 5 of 9 D. When mail-in parking charges will be used in conjunction with parking meters and/or payment

devices

installed

private

property,

the

parking

and

installation

plan

shall

include

the

following,

addition

Section

8-61.4(B):
a. Location of the meters; b. How the spaces will be identified and defined, c. How the meters will indicate the time periods that they are in use. E. The Director shall have the right to require alterations to the parking and installation plan, inspections,

impose

conditions

approval

ensure

public

health,

safety,

and

welfare

with

regard

the

operation

the

off-street

parking

facility

and

surrounding

streets.

F. A private parking facility property owner shall be required to submit to the city any change

the

parking

and

installation

plan,

meters,

payment

devices

that

occur

after

the

city’s

original

approval

within

one

month

any

change.

Any

changes

shall

subject

additional

review

and

approval

the

Director.

G. The registration shall include the name, address, and telephone number of the private parking

operator,

the

names,

business

addresses,

telephone

numbers,

and

addresses

each

person

owning

ten

percent

the

business,

and

the

Oxnard

business

tax

certificate

number

the

business.

H. The registration shall include a dispute resolution process policy as required by Section 8-61.8.

I. The registration shall include a description of the procedures the private parking operator shall

utilize

when

issuing

notice

parking

charge.

Before

any

private

parking

operator

can

issue

notice

parking

charge

within

the

city,

the

procedure

for

issuing

these

charges

shall

approved

the

Director.

SEC. 8-61.6. MAXIMUM AMOUNT OF MAIL-IN PARKING CHARGES. No mail-in parking fee charged pursuant to this division shall exceed the amount of fine for violation

of Section

8-54

this

code

(stopping

red

zones).

Signs indicating restrictions on parking in an off-street parking lot shall be posted as required by this

section.

mail-in

parking

fee

shall

required

and

notice

parking

charge

shall

issued

unless

there

are

place

signs

substantially

the

form

required

this

section

and

shown

the

parking

and

installation

plan

approved

the

Director.

A. Signs not less than 17 inches by 22 inches in size with lettering not less than one-inch in height

must

posted

each

entrance

the

off-street

parking

facility,

must

identify

any

applicable

parking

restrictions,

hours

which

the

parking

restrictions

are

force,

include

statements

the

effect

that

the

off-street

parking

lot

subject

public

moving

vehicle

laws,

and

violators

may

subject

mail-in

parking

fee

vehicle

removal.

Where

different

restrictions

apply

parking

spaces

with

common

entrances,

the

restrictions

applicable

each

space

shall

clearly

delineated.

59 Ordinance No. 3063 (Private Parking Ordinance) Page 6 of 9 B. The Director is hereby authorized to establish uniform sign sizes, colors, sizes of lettering,

and

other

information

that

may

required

all

signs

order

compliance

with

this

division.

the

Director

establishes

such

criteria,

all

signs

required

this

article

shall

brought

into

compliance

within

180

days.

C. Signs which indicate that a customer may park for no fee shall indicate whether the authorized

parking

only

for

the

time

the

customer

the

premises

whether

for

limited

duration

time.

the

absence

such

designation,

customer

shall

not

charged

mail-in

parking

fee.

D. Nothing in this division shall be construed as to modify the authority of the city to issue citations.

SEC. 8-61.7. FORM AND CONTENT OF PARKING CHARGE NOTICES. A. No person shall place on any vehicle a notice of a parking charge which does not contain at

the

top

the

notice

least

12-point

the

words

“INVOICE”

followed

“PARKING

FEE

IMPOSED

XXX,”

inserting

the

name,

telephone

number

and

street

address

the

private

parking

operator

private

parking

lot

owner

where

the

notice

was

issued.

B. Every notice of parking charge shall end with the legend “This parking charge notice is not

issued

the

City

Oxnard.”

This

provision

shall

least

12-point

print.

C. No notice of parking charge shall display any feature that resembles a city parking citation,

and

image

similar

the

logo

the

City

Oxnard

shall

used.

The

notice

parking

charge

shall

color

distinctive

from

city

parking

citation.

D. Every notice of parking charge shall state that the private parking operator or private parking

facility

owner

identified

subsection

(a)

may

cancel

the

mail-in

parking

charge

any

time

for

any

reason.

E. Every notice of parking charge will indicate the conditions under which a vehicle will be removed

(towed).

SEC. 8-61.8. DISPUTE RESOLUTION PROCEDURE FOR CONTESTED PARKING CHARGES.

A. Every private parking operator issuing notices of parking charges shall establish a written dispute

resolution

policy

for

contested

parking

charges.

copy

the

current

policy

shall

first

approved

the

Director

and

included

the

registration.

Every

such

policy

shall

contain

the

provision

that

allows

the

business

property

owner

who

has

issued

the

notice

parking

fee,

authorized

notices

issued,

cancel

the

notice

and

parking

fee

any

time

for

any

reason.

The

availability

this

cancellation

remedy

shall

60 Ordinance No. 3063 (Private Parking Ordinance) Page 7 of 9 printed on every notice with phone numbers of the private parking operator or the business/property

owner

the

private

parking

facility.

B. A person may request an initial review of the notice by the private parking operator within

timeframe

specified

the

dispute

resolution

procedure.

There

shall

charge

for

this

review.

If,

following

the

initial

review,

the

private

parking

operator

satisfied

that

the

violation

did

not

occur,

that

the

registered

owner

was

not

responsible

for

the

violation,

that

extenuating

circumstances

make

dismissal

the

parking

charge

appropriate

the

interest

justice,

the

private

parking

operator

shall

cancel

the

notice

parking

charge

notice

delinquent

parking

charge.

following

that

review,

cancellation

the

notice

does

not

occur,

the

private

parking

operator

shall

include

reason

for

that

denial,

notification

the

ability

request

administrative

hearing,

and

notice

the

procedure

for

waiving

prepayment

the

parking

penalty

based

upon

inability

pay.

C. If the person is dissatisfied with the result of the initial review, the person may request an administrative

hearing

the

parking

charge

accordance

with

the

approved

dispute

resolution

procedure.

D. The administrative hearing process shall include the following: 1. The person requesting a hearing shall have the choice of a hearing by mail or in person.

in-person

hearing

shall

conducted

within

the

boundaries

the

City

Oxnard.

2. If the person requesting the hearing is a minor, that person shall be permitted to appear

hearing

admit

responsibility

for

the

parking

charge

without

the

necessity

the

appointment

guardian.

The

processing

agency

may

proceed

against

the

minor

the

same

manner

against

adult.

3. The administrative hearing shall be conducted in accordance with written procedures established

the

private

parking

operator

and

file

with

the

Director.

The

hearing

shall

provide

independent,

objective,

fair,

and

impartial

review

contested

parking

violations.

4. (A) The private parking operator’s governing body or chief executive officer shall appoint

contract

with

qualified

examiners

administrative

hearing

providers

that

employ

qualified

examiners

conduct

the

administrative

hearings.

Examiners

shall

demonstrate

those

qualifications,

training

and

objectivity

necessary

conduct

fair

and

impartial

review.

examiner

shall

not

employed,

managed,

controlled

person

whose

primary

duties

are

parking

enforcement

parking

citation,

collection,

issuance.

The

examiner

shall

separate

and

independent

from

the

parking

charge

collection

processing

function.

examiner’s

continued

employment,

performance

evaluation,

compensation,

and

benefits

shall

not,

directly

indirectly,

linked

the

amount

parking

charges

collected

the

examiner.

61 Ordinance No. 3063 (Private Parking Ordinance) Page 8 of 9 (B) Examiners shall have a minimum of 20 hours of training. Training may be provided

through

(i)

accredited

college

university,

(ii)

program

conducted

the

Commission

Peace

Officer

Standards

and

Training,

(iii)

American

Arbitration

Association

(iv)

any

program

approved

the

Director.

5. The examiner’s decision following the administrative hearing shall include a written reason

for

that

denial.

6. The examiner or private parking operator may, at any stage of the initial review or the administrative

hearing

process,

and

consistent

with

the

written

guidelines

established

the

private

parking

operator,

allow

payment

the

parking

charge

installments,

the

private

parking

operator

may

allow

for

deferred

payment,

the

person

provides

evidence

satisfactory

the

examiner

the

private

parking

operator

inability

pay

the

parking

penalty

full.

SEC. 8-61.9. PROHIBITED BUSINESS PRACTICES. A. No private parking operator shall utilize the Denver Boot or other similar device that is attached

the

vehicle

and

which

immobilizes

the

vehicle.

B. No person shall report, or threaten to report, an unpaid notice of a parking charge to a credit

bureau

collection

agency

unless

small

claims

court

other

judicial

proceeding

has

established

the

debt.

person

shall

take

any

action

threaten

take

any

action

collect

contact

with

another

person

who

takes

threatens

take

any

action

collect

unpaid

notice

parking

charge

other

than

seek

establishment

the

debt

small

claims

court

other

judicial

proceeding.

C. No private parking operator shall pay any employee or independent contractor a salary or fee

that

any

way

based

the

number

notices

private

parking

charges

being

issued.

D. The owner or operator of an Off-Street Parking Facility shall not file with, or transmit to, the

Department

Motor

Vehicles

parking

fee

invoice

for

the

purpose

having

the

Department

Motor

Vehicles

attempt

collect

unpaid

parking

fees

refusing

issue

renew

license

pursuant

California

Vehicle

Code

Section

12808.1

refusing

renew

the

registration

vehicle

pursuant

Section

4760.

SEC. 8-61.10. AREAS OF APPLICABILITY. This article shall apply to all areas within the City of Oxnard meeting the definition of Off Street Parking

Facility

per

Section

8-61.2
SEC. 8-61.11. REVOCATION. The Community Development Director shall have the right to conduct periodic inspections and review

determine

off-street

parking

facility,

owner,

and

its

private

parking

operator,

are

62 Ordinance No. 3063 (Private Parking Ordinance) Page 9 of 9 full compliance with this division and/or any other federal, state, or local law. If any violation is found,

the

Community

Development

Director

shall

have

the

right

issue

one

(1)

warning,

and

found

out

compliance

within

60 days,

the

right

off-street

parking

facility’s

ability

issue

notice

parking

charges

and

mail-in

parking

fees

their

respective

lots

may

revoked.

Section 4 . Severability. If any section, subsection, subdivision, sentence, clause, phrase, or

portion

this

Ordinance

the

application

thereof

any

person

place,

for

any

reason

held

invalid

unconstitutional

the

final

decision

any

court

competent

jurisdiction,

the

remainder

this

Ordinance

shall

remain

full

force

and

effect.

Section 5 . Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated

prepare,

and

the

City

Clerk

published,

summary

this

Ordinance,

and

certified

copy

the

Ordinance

was

posted

the

Office

the

City

Clerk

minimum

five

days

before

the

City

Council’s

adoption

the

Ordinance.

Section 6 . The City Clerk shall certify as to the adoption of this Ordinance and shall cause

the

summary

thereof

published

within

fifteen

(15)

days

the

adoption

and

shall

post

certified

copy

this

ordinance,

including

the

vote

for

and

against

the

same,

the

office

the

City

Clerk,

accordance

with

Gov.

Code

Section

36933.

Ordinance

No.
3063 was first read on
June

26,

2025,

and

finally

adopted

on
July 15, 2025 to become effective thirty days thereafter. PASSED AND ADOPTED this 15th day of July, 2025 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Luis A. Mc Arthur, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ __________________________________ Lourdes A. López, City Clerk Stephen M. Fischer, City Attorney

63 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: July 15, 2025

TO: Housing Authority

FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected]

SUBJECT: Policy, Portfolio Guidelines, and Investment Delegation for the Housing Authority of the City of Oxnard.

RECOMMENDATION

That the Oxnard Housing Authority Board of Commissioners adopt a resolution approving an investment policy and investment portfolio guidelines for the Housing Authority of the City of Oxnard, and delegating investment authority to the Housing Finance Officer for Fiscal Year 2025-2026.

(The Finance and Governance Committee approved 3-0 on June 24, 2025.)

BACKGROUND

The Department of Housing and Urban Development (HUD) has established requirements governing cash management and approved investment instruments for certain funds under the control of public housing agencies (PHAs). Furthermore, the legislative body of the Housing Authority may invest surplus monies not required for the immediate necessities of the local agency in accordance with the provisions of U.S. Department of Housing & Urban Development Notice PIH 2002- 13 and California Government Code (CGC) sections 5922 and 53600 et seq.. Agencies may only invest in instruments specified by HUD and State law.

HUD’s Annual Contributions Contract with PHAs and CGC Section 53607 establish that the Board of Commissioners of the Housing Authority of the City of Oxnard (Board) may delegate its authority to invest or to reinvest surplus monies not required for immediate necessities of the PHA, for a one-year period.

The Fiscal Year 2024-2025 Housing Authority of the City of Oxnard (OHA) Investment Policy, including delegating the investment authority to the Housing Finance Office, and Portfolio Guidelines, was approved by the Board on May 28, 2024. Per the FY 24-25 Investment Policy, the policy is to be reviewed and adopted annually by the Board. The requirement to review and adopt an investment policy annually was in alignment with CGC Section 53646, which was amended in 2004 to eliminate this as a requirement; however, as amended, CGC Section 53646 encourages local agencies to continue taking the formerly mandated actions.

The Investment Policy governs investment of funds, including funds on deposit. HUD defines “funds on deposit” as:

1. Funds for current transactions

2. Capital or development funds

3. Funds exceeding daily requirements

4. Operation reserve funds

In addition, and consistent with the HUD regulations, CGC, the Housing Authorities Law (California Health and Safety Code Sections 34200 et seq.), and OHA Resolution 1308, the OHA investment policy includes a “delegation of authority” to the Housing Finance Officer (HFO). With this delegation, the HFO is authorized to invest surplus monies within the 64 parameters of the OHA’s Investment Policy and consistent with the OHA Investment Guidelines.

Per the City of Oxnard job requirements, the Housing Finance Officer provides management and fiscal analysis and oversight to support programs, projects, executive staff, and elected officials. The Housing Finance Officer is responsible for managing the City’s housing authority programs. Work involves making interpretive decisions on behalf of the organization regarding the means for executing organizational goals. Reviews, prepares, and submits a variety of reports, statements, regulatory documents, policies, procedures, analyzes information and recommends and implements decisions and processes. Represents the City on matters of policy and regulation; develops, implements and monitors policies and procedures; manages budgets.

In recent history, the OHA has invested excess cash utilizing a combination of in-house efforts and an outside agent (LAIF), which is permitted by the HUD and State law. The market value of the OHA’s pooled investment fund as of May 31, 2025, is $22,403,073.56. This value does not include interest earned from April 1, 2025, through May 31, 2025, because quarterly interest earned is applied to the LAIF account mid-July 2025.

DISCUSSION

The Board has approved an annual investment policy, inclusive of a delegation of authority to the HFO, and investment guidelines for many years. After review of OHA’s FY 24-25 policy, as well as review of other jurisdictions’ Housing Authority investment policies and various publications concerning this topic, staff proposes updates for the FY 25-26 Investment Policy and Investment Portfolio Guidelines. Consistent with CGC Section 53646, any changes to the policy shall be considered by the legislative body at a public meeting.

As of May 31, 2025, the OHA has $22M to invest. On average, the HFO transacts three times a year. The monthly and quarterly reports, as required by the FY 24-25 Investment Policy, are available on the Housing website (https://www.oxnard.gov/housing).

Resolution and Investment Policy (incorporated as Attachment A to the Board Resolution

The following highlights of the recommended revisions:

1. Updated references to all applicable California Government Code Sections, and added references to the most recent Oxnard Housing Authority resolution pertaining to delegation of authority and investment duties.

2. Section 1.0 updated to reference all applicable California Government Code Sections. In addition, the language pertaining to delegation of authority was moved to section (5.0) Delegation of Authority and language pertaining to reporting was moved to section (13.0) Reporting.

3. Section 2.0 was updated to remove language pertaining to bonds because the Housing Authority does not issue bonds.

4. Section 3.1 updated “prudent person” to “prudent investor”.

5. Sections 5.0, 8.0, 8.8, 10.0 were updated to reference the most recent California Government Code Sections, as applicable.

6. Section 5.0 was updated to reference the most recent California Government Code Section, removed outdated HUD reference, and removed redundant language. In addition, added a reference to the Investment Guidelines which are contained in Attachment B of the Resolution document.

7. Section 6.0 was revised to add the Housing Director.

8. Section 7.1 was revised to clarify that broker/dealers the Housing Authority chooses to conduct business with must be among the authorized institutions approved by the City.

9. Section 11.0 and 11.1 updated to align with the City of Oxnard’s Investment Policies regarding diversifying the investment portfolio in a manner that minimizes risk, which is consistent with HUD regulations and California Government Code.

10. Section 12 was updated to remove Section 12.1 Investment Review Committee. The Committee was originally established when the Housing Authority had a larger investment portfolio and multiple transactions were completed by the HFO. Due to the decrease in federal funding over the years, the surplus cash available has decreased and transactions are limited to around three transactions in a given year. Section 12.2 was renumbered to Section 12.1 and section 12.3 was renumbered to section 12.2 In addition, under Section 12.2 language was added to clarify that the investment portfolio is part of the annual financial audit. 65 11. Sections 13.0 through 13.2, consistent with CGC 53646 (b)(1), removed the requirement for quarterly reports. In addition to no longer being required by the CGC, the HA does not transact often and has a limited amount of funds to invest. Added language regarding monthly transaction reports and clarified that the investment portfolio is part of the HA’s annual financial audit.

12. Added a new Section, 14.0 Investment Policy Adoption, to incorporate the language originally located in Section

1.0 regarding investment policy adoption.

Investment Portfolio Guidelines (incorporated as Attachment B of the Board Resolution)

The following revisions are recommended:

1. Section 3.0 was revised to clarify that the Board approves the Investment Policy that is developed by the Housing Finance Officer.

2. Section 3.2 was revised to remove language regarding the use of a pre-formated wire transfer because it is not applicable to online banking transactions.

3. Section 4.1 added language regarding five-year maximum maturity as prescribed under CGC 53601 and regarding requirement of Board approval for a permissible security that exceeds this limitation.

4. Section 4.2 updated to reflect most recent FDIC insurance maximums for Time Certificates of Deposit.

5. Section 5.0 updated the workflow of investment transactions to reflect current Housing Authority procedures.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on June 24, 2025.

Prepared by: Brenda Lopez, Interim Housing Director

ATTACHMENTS

1. Attachment 1 - Redline PDF - Investment

2. Attachment 2 - FY 25_26 Investment Policy and Portfolio Guidelines

66 HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF OXNARD APPROVING ADOPTION OF AN

INVESTMENT POLICY AND INVESTMENT PORTFOLIO GUIDELINES FOR THE

HOUSING AUTHORITY OF THE CITY OF OXNARD, AND DELEGATING INVESTMENT AUTHORITY TO THE HOUSING FINANCE OFFICER, FOR FISCAL YEAR 2024-2025- 2026

I. WHEREAS, the U. S. Depart ment of Housing & Urban De velopment has established requirements governing cash management and approved investment instruments for certain funds under the control of public housing authorities (HUD Notice PIH 2002-13); and II. WHEREAS, the Legislature of th e State of California has d eclared that the deposit and investment of public funds by local officials an d local agencies is an issue of statewide concern (California Government Code Section 53600.6 and 53630.1); and III. WHEREAS, the legislative body of the Housing Authority of the City of Oxnard (Authority) may invest surplus monies not requir ed for the immediate necessities of the local agency in accordance with the provision s of U.S. Department of Housing & Urban Development Notice PIH 2002-13 and Californi a Government Code sections 5922 and 53600 et seq.; and
IV. WHEREAS, pursuant to California Health and Sa fety Code Sections 34278 and 34280, Authority Resolution 1308 has designated the City Manager as Authority Secretary and Treasurer, with the authority to delegate any of the Secretary's duties; and V. WHEREAS, the Secretary has delegated the duty to invest Authority funds to the Housing Finance Officer of; and
IV.VI. WHEREAS, the Housing Authority Finance Officer of the City of Oxnard ( Authority) is requiredencouraged to annually prepare and submit a st atement of investment policy and such policy, and any changes thereto, shall be considered by the Authority at a public meeting [(California Government Code Section 53646(a)(b)];); and V.VII. WHEREAS, the Board of Commi ssioners of the Authority ("Bo ard") determines that the policy of the Authority is to invest funds in a manner wh ich will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Authority and conforming to all stat utes governing the investment of Authority funds.
///

///

67 Housing Resolution No.

Page 2 of 11 ends

NOW THEREFORE, the Board hereby adopts the Investment Policy of the Housing Authority of the City of Oxnard, which is at tached hereto as Attachment A and incorporated herein by this reference., and delegates investment authority for fiscal year 2025-2026 to the Housing Finance Officer. The Board also adopts the Investment Portfolio Guidelines dated July 1, 20242025, which are attached hereto as Attachment B and incorporated herein by this reference.

APPROVED AND ADOPTED on this 18
th day ______of July, 2025June, 2024 by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. ZaragozaLuis A. Mc Arthur ,
Chairman
ATTEST:

Rose ChaparroLourdes A. López , Secretary
Designate

Approved as to form:
68 Housing Resolution No.

Page 3 of 11 ends

Stephen M. Fischer, General Counsel
69 Housing Resolution No.

Page 4 of 11 ends

Attachment A

HOUSING AUTHORITY OF THE CITY OF OXNARD

INVESTMENT POLICY

1.0 INTRODUCTION
This policy is intended to provide guidance fo r the investing of surplus cash of the Housing Authority of the City of Oxna rd (Authority). The U.S. Depa rtment of Housing and Urban Development (HUD) has established requireme nts governing cash management and approved investment instruments for certain funds under the control of Public Housing Authorities.

The Legislature of the State of California (CGC 53600.6 and CGC 53630.1) has declared that the deposit and investment of funds by officials and local agencies is an issue of statewide concern.

The Board of Commissioners of the Au thority (Board) may invest surplus moneysmonies not required for the immediate necessities of the Authority in accordance with the provisions of HUD Notice PIH 2002-13 and California Government Code Sections 5922 and 53600 et seq. The authority of the Board to invest or to reinvest funds, or to sell or exchange securities so purchased, may be delegated for a one-year period by the Board to the Housing Finance Officer This policy is intended to provide guidelines for the prudent investment of the Authority, who shall thereafter assume full responsibility for those tr ansactions until the delegation of authority is revoked or expires, funds and shall make a monthly report of those transactions to the Board.

Subject to review, the Board may renew the delega tion of authority pursuant to this section each year. The Housing Finance Officerto enhance the economic status of the Authority shall annually prepare and submit a statement of investment po licy and such while prot ecting its pooled cash.

Funds will be invested in accordance with this policy, and any changes thereto shall be considered by the Board at a public meeting. and with applicable sections of the California Government Code.

The policy of the Authority is to invest f unds in a manner which will provide the highest investment return with : (i) the maximum security while meeting; (ii) the funds necessary to meet the daily cash flow demands of the Authority and; and (iii) the highe st investment return while conforming to all statutes governing the investment of the Authority funds within the constraints of this Investment Policy.

Pursuant to California Health and Safety Code section 34278(a), the Board has designated the City Manager to serve as Secretary of the Authority funds, and assigned various duties to the Secretary, including serving as the Treasurer of the Authority. Pursuant to California Health and Safety Code Section 34280, the Secretary may delegate investment duties to the Housing Finance Officer, the Board has authorized the Secretar y to delegate any of the Secret ary’s duties to any person at the Secretary’s discretion. The Secret ary has delegated the duty to invest Authority funds to the Housing Finance Officer.

2.0 SCOPE
This investment policy applies to the Authority's pooled investment fund, which encompasses all money under the direct oversight of the Housing Finance Offi cer. These include the Public Housing Funds, Section 8 Voucher Funds, Grant Funds and the Central Fund. 70 Housing Resolution No.

Page 5 of 11 ends

This policy is generally applicable to bond proceeds with consideration given to specific provisions of each issuance. Reports of the investment of bond proceeds are issued periodically by the Trustee and aredoes not included in the Housing Finance Offi cer's quarterly report of the pooled investment fund. Theinclude employee's retirement and, deferred compensation funds are also not included., nor proceeds of bonds.

3.0 PRUDENCE
Investments shall be made with foresight and care -- under circumstances then prevailing -- which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investme nt, considering the probable safety of their capital as well as the probable income to be derived.

3.1 The standard of prudence to be used by investment offi cials shall be the 'prudent person'investor' standard and shall be applied in the context of managing an overall portfolio.

Investment officers acting in accordance with writ ten procedures and the investment policy and exercising due diligencesdiligence shall be relieved of personal re sponsibility for an individual security's credit risk or market price changes, pr ovided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

4.0 OBJECTIVES
The Authority's cash management system is designed to accurately monitor and forecast revenues and expenditures thus enabling the Housing Finance Officer to invest funds to the fullest extent possible. TheAs specified in CGC §53600.5, the Housing Finance Officer shall maintain a portfolio, which accomplishes the primary objectives of safety, liquidity, and yield (in that order of priority).

4.1 Safety: According to HUD Notice PIH 2002-13, sa fety is achieved through adherence to the list of permitted investments which are backed by the full faith and credit of, or a guarantee of principal and interest by, the U. S. Government, a Government agency or issued by a Government sponsored agency, coupled with an appropriate maturity date.

4.2 Liquidity: All investments must be capable of being liquidated on one day’s notice.

4.3 Yield: The Authority should strive to achieve the highest yield consistent with the objectives of the Investment Policy.

5.0 DELEGATION OF AUTHORITY
Authority to manage the invest ment program is derived from Section 401 (E) of the HUD/PHA Annual Contributions Contract, the Housing Authorities Law (California Health and Safety Code Sections 34200 et seq., and California Government Code Sections 53607.53600 et seq..

Management responsibility for the investment program is hereby delegated for a one-year period by the Board via resolution, to the Housing Finance Officer, who shall establish written procedures for the operation of the investment ensure that the program consistentoperates in accordance with Section 12.2 of this investment policy. Procedures should include references to: safekeeping, PSA repurchase agreements, wire transfer agreements , collateral/depository agreements and banking services contracts, as appropriate. Such procedures shall include explicit delegation of authority to 71 Housing Resolution No.

Page 6 of 11 ends

persons responsible for investment transactions. the guidelines and internal controls established in the Investment Guidelines (Attachment B).

No person may engage in an investment transa ction except as provided under the terms of this policyInvestment Policy and the procedures established by the Housing Finance OfficerInvestment Guidelines. The Housing Finance Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regu late the activities of the investment committee . The Housing Finance Officer is a trustee and a fiduciary subject to the prudent investor standard. The other housing staff with signatory authority on Authority checking and other accounts is the Housing Director.

6.0 ETHICS AND CONFLICTS OF INTEREST
The Housing Finance Officer and Housing Director shall refrain from personal business activity that could conflict with proper ex ecution of the investment progr am, or which could impair the ability to make impartial investment decisions . The Housing Finance Officer is governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.

7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Housing Finance Officer shall transact business only with banks, savings and loans, securities dealers and approved State and county investment pools.

7.1 Authorization: The Authority may conduct busin ess with major registered broker/dealers and with dealers designated Primary by the Federal Reserve provided all the following criteria are met.

Broker/Dealers must: 1) have offices located in the State of California, 2) be adequately capitalized, 3) locate markets fo r securities appropriate to the Au thority needs, and 4) agree to abide by the conditions set forth in the Authority's Investment Policy, and be among the authorized institutions approved by the City Treasurer.

7.2 Certification: Before engaging in investment transactions with a broker/dealer, the Housing Finance Officer shall have received from said firm a signed certification that the responsible party from that firm has reviewed the Authority's Inve stment Policy. The Certification shall also state that the firm understands the policy and intends to present investment recommendations and transactions to the Authority that are appropriate under the terms and conditions of the Investment Policy.

8.0 AUTHORIZED AND SUITABLE INVESTMENTS
HUD Notice PIH 2002-13 states an Authority should compare the return of an ‘in house’ cash management program with a program managed by an agent. It also states the Authority may contract with an approved governmental unit such as a State agency established for this purpose, such as a Local Agency Investment Fund (LAIF). The Notice also sets forth the following HUD- approved investments. The types of HUD-approved investments may change from time to time. It is the responsibility of the Housing Finance Offi cer to stay informed of the latest California Government Code and HUD-approved investment s. HUD approved investments may be further limited by California Government Code Section 5360753600 et seq.

8.1 U.S. Treasury Bills, Notes and Bonds

8.2 Obligations issued by Agency or Instrumentality of the U.S. Government. 72 Housing Resolution No.

Page 7 of 11 ends

8.3 State or Municipal Depository Funds, such as LAIF, or pooled cash investment funds managed by County Treasurers.

8.4 Insured Demand and Savings Deposits, provided that deposits in excess of the insured amounts must be 100% collateralized by securities listed in 8.1 or 8.2above2 above.

8.5 Insured Money Market Deposit Accounts, provided that deposit s in excess of the insured amount must be 100% collateralized by securities listed in 8.1 or 8.2above2 above.

8.6 Insured Super NOW Accounts, provided that deposits in excess of the insured amount must be 100% collateralized by Securities listed in 8.1 or 8.2 above.

8.7 Negotiable Certificates of Deposit issued by Federally or state-chartered banks or associations.

Not more than 30% of surplus funds can be invested in certificates of deposit.

8.8 Repurchase/Reverse Repurchase Agreements of any securities authorized by this section (See special limits and qualifi cations in HUD Notice PIH 1999-48, and CGC536072002-13, and California Government Code Section 53601).

8.9 Sweep Accounts that are 100% collateralized by securities listed in 8.1 or 8.2above2 above.

8.10 Shares of beneficial interest issued by di versified management companies (money market mutual funds) investing in the s ecurities and obligations authorized by this section. Such Funds must carry the highest rating of at least two national rating agencies. Not more than 20% of surplus funds can be invested in money market mutual funds.

8.11 Funds held under the terms of a Trust Indenture or other contract or agreement, including the HUD/PHA Annual Contributions Contract, may be invested according to the provisions of those indentures or contracts.

8.12 Principal only STRIPS (Separate Trading of Registered Interest and Principal of Securities).

8.13 Any other investment security authorized under the provisions of HUD Notice PIH 2002-13.

8.14 Prohibit securities that take the form of inverse floaters, range notes, mortgage-backed interest-only strips and floating-rate investments without a floor.

9.0 COLLATERAL
Collateral requirements are addressed in HUD Notice PIH 2002-13 as well as California Government Code Section 53652. A ll Certificates of Deposits must be collateralized by US Treasury Obligations. Collateral must be held by a third party, and valued on a monthly basis.

10.0 SAFEKEEPING AND CUSTODY
Security transactions entered into by the Authority shall be conducted on a delivery-versus- payment (DVP) basis. Securities of duration exceeding 30 days to maturity shall be held by a third- party custodian designated by the Housing Finance Officer. (California Government Code Section 53601). Evidence of account for each time deposit will be held in the Housing Authority safe.

11.0 DIVERSIFICATION
In an effortPortfolio diversification is employed to reduceminimize the risks present in the investment portfolio risk while attaining market average rates, the Authority's. No individual 73 Housing Resolution No.

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investment transaction shall be undertaken which jeopardizes th e total capital position of the overall portfolio will be suitably diversified by type and institution.

11.1 With the exception of U. S. Treasury s ecurities and authorized pools. To promote diversification, no more than 505 percent of the total portfolio willmay be invested in a singlethe securities of any one issuer, regardless of security type .; except for U.S. Treasuries, federal agencies, supranational, and pool ed investments such as LAIF, money market funds, and local government investment pools.

11.1 Investments are further limited by specific language relating to each investment type as stated in Section 8 of this Policy.

11.2 To the extent possible, the Housing Finance Of ficer will attempt to match investments with anticipated cash flow requirements. Operating reserve funds may not be invested in securities exceeding five years (maturity of such investments should coincide as nearly as practicable with expected use of funds).

12.0 INTERNAL CONTROLS
A system of internal controls will be maintain edThe Housing Finance Officer will maintain a control structure to assure compliance with Federal a nd State regulations, Board direction, and prudent cash management procedures.

12.1 Investment Review Committee: The Housi ng Director, Housing Finance Officer, and Housing Accountant are the members of the Investment Review Committee tasked with quarterly review of procedures and adherence to this Investment Policy.

12.2 Investment Portfolio Guidelines:12.1 Investment Portfolio Guidelines have been established for procedures within the Housing Finance Officer's office to assure internal investment controls and a segregation of responsibilities of investment functions. (Attachment B)).

12.3 Annual Audit:2 The AuthorityInvestment portfolio is included in the Independent Auditors’ scope of examination during testing offor the Authority’s annual financial management at the annual audit.

13.0 REPORTING
The Per Government Code Section 53607 the Housing Finance Officer (treasurer of the local agency) shall provide investment informationmake a monthly report of transactions to the Board.

13.1 Periodic Reports: The Housing Finance Offi cer will provide detailed reports of the investments in the pooled investment fund por tfolio on a quarterly basis to the Housing Commission. Within thirty days of the end of each quarter, these reports will be provided with such additional information as market prici ng. Summarized reports from Trustees regarding investments of bond proceeds will be provided as they become availableCommissioners.

13.2 Annual Report: 14.0 INVESTMENT POLICY ADOPTION
This Investment Policy willmay be presented annually, following the close of the fiscal yearor when changes to the policy are proposed , to the Board for approval. Each of the four quarterly reports, which are submitted to th e commission as briefing reports, will provide a detailed report of the current status of the portfolio.
74 Housing Resolution No.

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75 Housing Resolution No.

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Attachment B

HOUSING AUTHORITY OF THE CITY OF OXNARD

INVESTMENT PORTFOLIO GUIDELINES
July 1, 20242025

1.0 INTRODUCTION
These guidelines are established to direct and c ontrol investment activities in such a manner to assure that the goals established in the Investment Policy are attained.

2.0 GENERAL FACTORS
Several factors must be considered in preparation for effective portfolio management.

2.1 Cash Forecast. The projected cash flow of the Authority shall be prepared annually, and updated as required throughout the year. A close working relationship with Authority Divisions having a significant impact on cash flow is maintained to maximize the efficiency of the Investment Program.

2.2 Pooled Cash. Whenever practical, the Authority cash will be consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated according to the average daily balances speci fic to fund ledger balances. No Authority bank account may be opened without the knowledge and consent of the Housing Finance Officer.

2.3 2.3 Authorized Institution. A list of institutions that meet the criteria of the Investment Policy and have been authorized by the Housing Finance Officer to do business with the Authority will be established, maintained and regularly up dated. Investment transactions will be executed only with approved broker/dealers, banks, and savings and loans.

3.0 INVESTMENT PROCEDURES
The Board has approved the Investment Policy and the Housing Finance Officer has developed internal investment proceduresth e subject Investment Guidelines to provide for effective cash management. Segregation of responsibilities is maintained to assure an adequate system of internal control over the investment function.

3.1 Investment Transactions. The Housing Finance Officer will authorize investment transactions. In his/her absence, the Housing Direct or will execute transactions as prescribed by the Housing Finance Officer prior to the absence.

3.2 3.2 Wire Transfers. The Authority will use pre-formatted wire transfers to restrict the transfer of funds to pr e-authorized accounts only. All wire transfers require an initiator plus an approval by an authorized employee.

3.3 .3 Safekeeping. Securities purchased from broker/dealers (on which maturity is greater than 30 days) shall be held in third party safekeepi ng. All purchases will be on a delivery versus- payment basis. Evidences of accounts for certificates of deposit will be issued in the Authority name and held in Housing Finance Officer’s safe.

4.0 INVESTMENT CRITERIA
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All investments will be made in compliance with Federal, State, and Local laws governing the investment of Authority funds, and in accordance with the Authority’s Investment Policy.

4.1 Maturity of Investment. Investments longer than one year may be made if consistent with To the extent possible, the Authority will attempt to match its investments with anticipated cash flow needs and related intent of holding unt ilrequirements. A five-year maximum maturity .

Securities may be sold prior to matur ity for cash flow purposes or applies to all permissible securities unless otherwise enhance the portfolio. Ifstated in the rating of any depository declines to an unacceptable level prior to California Government Code. A permissible security may exceed this limitation only if the maturity of an investment of Authority funds,Board has approved the investment will be matured at the earliest possible convenience. If the rating drops below the allowable level of any one of the rating services, the investment will be sold if no significant loss of principal is involved. Housing Finance Officer will determine such sales..

4.2 Certificate of Deposit Evaluation. Time Certificates of Deposit shall be evaluated in terms of FDIC coverage. For deposits in excess of the insured maximum of $100250,000, approved100 percent collateral by clearly identified (not pooled) U. S. government securities shall be required atfor the percentage above market valueexcess as specified by HUD Notice PIH 2002-13 and CGC Section 53651 and 53652.

5.0 INTERNAL CONTROL OF INVESTMENTS
Investment transactions are controlled through distribution of responsibilities within the Housing Finance Officer’s office by the following procedures:

5.1 The Housing Finance Officer initiates each investment transaction.

5.2 A journal entry detailing the investment is prepared by the H ousing Accountant and approved by the Housing Finance Officer.

5.3 The journal entry is entered on a cash balance spread sheet by the Housing Accountant.

5.4 At month end the book balances, maintained by the Housing Accountant, must balance with the portfolio balance . The portfolio balance is maintained independently by thea different Housing Accountant in the department.
77 HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF OXNARD APPROVING AN INVESTMENT POLICY AND

INVESTMENT PORTFOLIO GUIDELINES FOR THE HOUSING AUTHORITY OF THE

CITY OF OXNARD, AND DELEGATING INVESTMENT AUTHORITY TO THE HOUSING FINANCE OFFICER, FOR FISCAL YEAR 2025-2026
I. WHEREAS, the U. S. Department of Housing & Urban Development has established requirements governing cash management and approved investment instruments for certain funds under the control of public housing authorities (HUD Notice PIH 2002-13); and II. WHEREAS, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern (California Government Code Section 53600.6 and 53630.1); and III. WHEREAS, the legislative body of the Housing Authority of the City of Oxnard (Authority) may invest surplus monies not required for the immediate necessities of the local agency in accordance with the provisions of U.S. Department of Housing & Urban Development Notice PIH 2002-13 and California Government Code sections 5922 and 53600 et seq.; and
IV. WHEREAS, pursuant to California Health and Safety Code Sections 34278 and 34280, Authority Resolution 1308 has designated the City Manager as Authority Secretary and Treasurer, with the authority to delegate any of the Secretary's duties; and V. WHEREAS, the Secretary has delegated the duty to invest Authority funds to the Housing Finance Officer; and
VI. WHEREAS, the Housing Finance Officer of the Authority is encouraged to annually prepare and submit a statement of investment policy and such policy, and any changes thereto, shall be considered by the Authority at a public meeting (California Government Code Section 53646); and
VII. WHEREAS, the Board of Commissioners of the Authority ("Board") determines that the policy of the Authority is to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Authority and conforming to all statutes governing the investment of Authority funds.
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NOW THEREFORE, the Board hereby adopts the Investment Policy of the Housing Authority of the City of Oxnard, which is attached hereto as Attachment A and incorporated herein by this reference, and delegates investment authority for fiscal year 2025-2026 to the Housing Finance Officer. The Board also adopts the Investment Portfolio Guidelines dated July 1, 2025, which are attached hereto as Attachment B and incorporated herein by this reference.

APPROVED AND ADOPTED on this ______of July, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Luis A. Mc Arthur, Chairman
ATTEST:

Lourdes A. López, Secretary Designate
Approved as to form:

Stephen M. Fischer, General Counsel
79 Housing Resolution No.

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Attachment A

HOUSING AUTHORITY OF THE CITY OF OXNARD

INVESTMENT POLICY

1.0 INTRODUCTION
This policy is intended to provide guidance for the investing of surplus cash of the Housing Authority of the City of Oxnard (Authority). The U.S. Department of Housing and Urban Development (HUD) has established requirements governing cash management and approved investment instruments for certain funds under the control of Public Housing Authorities.

The Legislature of the State of California (CGC 53600.6 and CGC 53630.1) has declared that the deposit and investment of funds by officials and local agencies is an issue of statewide concern.

The Board of Commissioners of the Authority (Board) may invest surplus monies not required for the immediate necessities of the Authority in accordance with the provisions of HUD Notice PIH 2002-13 and California Government Code Sections 5922 and 53600 et seq.

This policy is intended to provide guidelines for the prudent investment of the Authority funds and to enhance the economic status of the Authority while protecting its pooled cash. Funds will be invested in accordance with this policy and with applicable sections of the California Government Code.

The policy is to invest funds in a manner which will provide: (i) the maximum security; (ii) the funds necessary to meet the daily cash flow demands of the Authority; and (iii) the highest investment return while conforming to all statutes governing the investment of the Authority funds within the constraints of this Investment Policy.

Pursuant to California Health and Safety Code section 34278(a), the Board has designated the City Manager to serve as Secretary of the Authority, and assigned various duties to the Secretary, including serving as the Treasurer of the Authority. Pursuant to California Health and Safety Code Section 34280, the Secretary may delegate investment duties to the Housing Finance Officer, and the Board has authorized the Secretary to delegate any of the Secretary’s duties to any person at the Secretary’s discretion. The Secretary has delegated the duty to invest Authority funds to the Housing Finance Officer.

2.0 SCOPE
This investment policy applies to the Authority's pooled investment fund, which encompasses all money under the direct oversight of the Housing Finance Officer. These include the Public Housing Funds, Section 8 Voucher Funds, Grant Funds and the Central Fund.

This policy does not include employee's retirement, deferred compensation funds, nor proceeds of bonds.

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not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

3.1 The standard of prudence to be used by investment officials shall be the 'prudent investor' standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

4.0 OBJECTIVES
The Authority's cash management system is designed to accurately monitor and forecast revenues and expenditures thus enabling the Housing Finance Officer to invest funds to the fullest extent possible. As specified in CGC §53600.5, the Housing Finance Officer shall maintain a portfolio, which accomplishes the primary objectives of safety, liquidity, and yield (in that order of priority).

4.1 Safety: According to HUD Notice PIH 2002-13, safety is achieved through adherence to the list of permitted investments which are backed by the full faith and credit of, or a guarantee of principal and interest by, the U. S. Government, a Government agency or issued by a Government sponsored agency, coupled with an appropriate maturity date.

4.2 Liquidity: All investments must be capable of being liquidated on one day’s notice.

4.3 Yield: The Authority should strive to achieve the highest yield consistent with the objectives of the Investment Policy.

5.0 DELEGATION OF AUTHORITY
Authority to manage the investment program is derived from the HUD/PHA Annual Contributions Contract, the Housing Authorities Law (California Health and Safety Code Sections 34200 et seq., and California Government Code Sections 53600 et seq.. Management responsibility for the investment program is hereby delegated for a one-year period by the Board via resolution, to the Housing Finance Officer, who shall ensure that the program operates in accordance with the guidelines and internal controls established in the Investment Guidelines (Attachment B).

No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the Investment Guidelines. The Housing Finance Officer shall be responsible for all transactions undertaken. The Housing Finance Officer is a trustee and a fiduciary subject to the prudent investor standard. The other housing staff with signatory authority on Authority checking and other accounts is the Housing Director.

6.0 ETHICS AND CONFLICTS OF INTEREST
The Housing Finance Officer and Housing Director shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. The Housing Finance Officer is governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.

7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
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The Housing Finance Officer shall transact business only with banks, savings and loans, securities dealers and approved State and county investment pools.

7.1 Authorization: The Authority may conduct business with major registered broker/dealers and with dealers designated Primary by the Federal Reserve provided all the following criteria are met.

Broker/Dealers must: 1) have offices located in the State of California, 2) be adequately capitalized, 3) locate markets for securities appropriate to the Authority needs, and 4) agree to abide by the conditions set forth in the Authority's Investment Policy, and be among the authorized institutions approved by the City.

7.2 Certification: Before engaging in investment transactions with a broker/dealer, the Housing Finance Officer shall have received from said firm a signed certification that the responsible party from that firm has reviewed the Authority's Investment Policy. The Certification shall also state that the firm understands the policy and intends to present investment recommendations and transactions to the Authority that are appropriate under the terms and conditions of the Investment Policy.

8.0 AUTHORIZED AND SUITABLE INVESTMENTS
HUD Notice PIH 2002-13 states an Authority should compare the return of an ‘in house’ cash management program with a program managed by an agent. It also states the Authority may contract with an approved governmental unit such as a State agency established for this purpose, such as a Local Agency Investment Fund (LAIF). The Notice also sets forth the following HUD- approved investments. The types of HUD-approved investments may change from time to time. It is the responsibility of the Housing Finance Officer to stay informed of the latest California Government Code and HUD-approved investments. HUD approved investments may be further limited by California Government Code Section 53600 et seq.

8.1 U.S. Treasury Bills, Notes and Bonds

8.2 Obligations issued by Agency or Instrumentality of the U.S. Government.

8.3 State or Municipal Depository Funds, such as LAIF, or pooled cash investment funds managed by County Treasurers.

8.4 Insured Demand and Savings Deposits, provided that deposits in excess of the insured amounts must be 100% collateralized by securities listed in 8.1 or 8.2 above.

8.5 Insured Money Market Deposit Accounts, provided that deposits in excess of the insured amount must be 100% collateralized by securities listed in 8.1 or 8.2 above.

8.6 Insured Super NOW Accounts, provided that deposits in excess of the insured amount must be 100% collateralized by Securities listed in 8.1 or 8.2 above.

8.7 Negotiable Certificates of Deposit issued by Federally or state-chartered banks or associations.

Not more than 30% of surplus funds can be invested in certificates of deposit.

8.8 Repurchase/Reverse Repurchase Agreements of any securities authorized by this section (See special limits and qualifications in HUD Notice PIH 2002-13, and California Government Code Section 53601).

8.9 Sweep Accounts that are 100% collateralized by securities listed in 8.1 or 8.2 above. 82 Housing Resolution No.

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8.10 Shares of beneficial interest issued by diversified management companies (money market mutual funds) investing in the securities and obligations authorized by this section. Such Funds must carry the highest rating of at least two national rating agencies. Not more than 20% of surplus funds can be invested in money market mutual funds.

8.12 Principal only STRIPS (Separate Trading of Registered Interest and Principal of Securities).

8.13 Any other investment security authorized under the provisions of HUD Notice PIH 2002-13.

8.14 Prohibit securities that take the form of inverse floaters, range notes, mortgage-backed interest-only strips and floating-rate investments without a floor.

9.0 COLLATERAL
Collateral requirements are addressed in HUD Notice PIH 2002-13 as well as California Government Code Section 53652. All Certificates of Deposits must be collateralized by US Treasury Obligations. Collateral must be held by a third party, and valued on a monthly basis.

10.0 SAFEKEEPING AND CUSTODY
Security transactions entered into by the Authority shall be conducted on a delivery-versus- payment (DVP) basis. Securities of duration exceeding 30 days to maturity shall be held by a third- party custodian designated by the Housing Finance Officer (California Government Code Section 53601). Evidence of account for each time deposit will be held in the Housing Authority safe.

11.0 DIVERSIFICATION
Portfolio diversification is employed to minimize the risks present in the investment portfolio. No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. To promote diversification, no more than 5 percent of the portfolio may be invested in the securities of any one issuer, regardless of security type; except for U.S.

Treasuries, federal agencies, supranational, and pooled investments such as LAIF, money market funds, and local government investment pools.

11.1 Investments are further limited by specific language relating to each investment type as stated in Section 8 of this Policy.

11.2 To the extent possible, the Housing Finance Officer will attempt to match investments with anticipated cash flow requirements. Operating reserve funds may not be invested in securities exceeding five years (maturity of such investments should coincide as nearly as practicable with expected use of funds).

12.0 INTERNAL CONTROLS
The Housing Finance Officer will maintain a control structure to assure compliance with Federal and State regulations, Board direction, and prudent cash management procedures. 83 Housing Resolution No.

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12.1 Investment Portfolio Guidelines have been established for procedures within the Housing Finance Officer's office to assure internal investment controls and a segregation of responsibilities of investment functions. (Attachment B).

12.2 The Investment portfolio is included in the Independent Auditors’ scope of examination for the Authority’s annual financial audit.

13.0 REPORTING
Per Government Code Section 53607 the Housing Finance Officer (treasurer of the local agency) shall make a monthly report of transactions to the Board of Commissioners.

14.0 INVESTMENT POLICY ADOPTION
This Investment Policy may be presented annually, or when changes to the policy are proposed, to the Board for approval.
84 Housing Resolution No.

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Attachment B

HOUSING AUTHORITY OF THE CITY OF OXNARD

INVESTMENT PORTFOLIO GUIDELINES
July 1, 2025

1.0 INTRODUCTION
These guidelines are established to direct and control investment activities in such a manner to assure that the goals established in the Investment Policy are attained.

2.0 GENERAL FACTORS
Several factors must be considered in preparation for effective portfolio management.

2.2 Pooled Cash. Whenever practical, the Authority cash will be consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated according to the average daily balances specific to fund ledger balances. No Authority bank account may be opened without the knowledge and consent of the Housing Finance Officer.

2.3 Authorized Institution. A list of institutions that meet the criteria of the Investment Policy and have been authorized by the Housing Finance Officer to do business with the Authority will be established, maintained and regularly updated. Investment transactions will be executed only with approved broker/dealers, banks, and savings and loans.

3.0 INVESTMENT PROCEDURES
The Board has approved the Investment Policy and the Housing Finance Officer has developed the subject Investment Guidelines to provide for effective cash management. Segregation of responsibilities is maintained to assure an adequate system of internal control over the investment function.

3.1 Investment Transactions. The Housing Finance Officer will authorize investment transactions. In his/her absence, the Housing Director will execute transactions as prescribed by the Housing Finance Officer prior to the absence.

3.2 Wire Transfers. All wire transfers require an initiator plus an approval by an authorized employee.

3.3 Safekeeping. Securities purchased from broker/dealers (on which maturity is greater than 30 days) shall be held in third party safekeeping. All purchases will be on a delivery versus- payment basis. Evidences of accounts for certificates of deposit will be issued in the Authority name and held in Housing Finance Officer’s safe.

4.0 INVESTMENT CRITERIA
85 Housing Resolution No.

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All investments will be made in compliance with Federal, State, and Local laws governing the investment of Authority funds, and in accordance with the Authority’s Investment Policy.

4.1 Maturity of Investment. To the extent possible, the Authority will attempt to match its investments with anticipated cash flow requirements. A five-year maximum maturity applies to all permissible securities unless otherwise stated in the California Government Code. A permissible security may exceed this limitation only if the Board has approved the investment.

4.2 Certificate of Deposit Evaluation. Time Certificates of Deposit shall be evaluated in terms of FDIC coverage. For deposits in excess of the insured maximum of $250,000, 100 percent collateral by clearly identified (not pooled) U. S. government securities shall be required for the excess as specified by HUD Notice PIH 2002-13.

5.0 INTERNAL CONTROL OF INVESTMENTS
Investment transactions are controlled through distribution of responsibilities within the Housing Finance Officer’s office by the following procedures:

5.1 The Housing Finance Officer initiates each investment transaction.

5.2 A journal entry detailing the investment is prepared by the Housing Accountant and approved by the Housing Finance Officer.

5.3 The journal entry is entered on a cash balance spread sheet by the Housing Accountant.

5.4 At month end the book balances, maintained by the Housing Accountant, must balance with the portfolio balance. The portfolio balance is maintained independently by a different Housing Accountant in the department.
86 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: July 15, 2025

TO: City Council

FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected]

SUBJECT: Adoption of the Tenant Anti-Harassment Ordinance.

RECOMMENDATION

That the City Council adopt Ordinance 3057 titled: ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE III TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING TENANT ANTI-

HARASSMENT PROTECTIONS

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 25, 2025.)

BACKGROUND

On April 29, 2025, the Oxnard City Council introduced and waived further reading of an ordinance adding Article III to Chapter 27 of the Oxnard City Code, which established tenant anti-harassment protections. The Oxnard City Council approved the introduction of the ordinance by a 6-1 vote.

The proposed ordinance was contingent on the approval of two additional full-time positions necessary for its implementation. On June 17, 2025, the Fiscal Year 2025-26 budget was adopted and included the requested positions, therefore, staff is returning to City Council for a second reading of the ordinance.

If adopted, the ordinance would become effective in thirty days.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Adoption of the proposed ordinance will have an annual cost of approximately $505,000, which was included in the FY 25-26 budget.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 25, 2025.

Prepared by: Brenda Lopez, Interim Housing Director

ATTACHMENTS

1. Attachment 1 - Ordinance No. 3057
87 2. Attachment 2 - April 29, 2025 Staff Report without attachments

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REPORTS
AGENDA ITEM NO. M.2

DATE: April 29, 2025

TO: City Council

FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected]

SUBJECT: Tenant Anti-Harassment Ordinance. (20 minutes)

RECOMMENDATION

That the City Council:

1. Review and approve the first reading by title only and waive further reading of the proposed ordinance titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE III TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING TENANT ANTI-HARASSMENT PROTECTIONS”; and

2. Authorize two full-time equivalent (FTE) positions, and the associated budget, as part of the Fiscal Year 2025-2026 Budget for implementation of the proposed ordinance.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 25, 2025.)

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

BACKGROUND

Recently, there has been an increase in the number of cases reported against landlords who are employing coercive tactics in order to induce tenants to vacate their rent stabilized units. Rent stabilized units are subject to a limitation of annual rent increases, for specified properties to 4%.

Some of the reported tactics include: reducing housing services, issuing eviction notices based on false grounds, threatening to contact immigration authorities or refusing to complete repairs required by law. These tactics often force tenants to vacate their units, which in turn allows landlords to raise rents to market rate rent without abiding by the City’s 4% rent caps, for applicable units, or going through the City’s Fair Return Petition Process.

Several jurisdictions such as Santa Monica, West Hollywood, Oakland, San Jose and Los Angeles have seen similar trends, resulting in the adoption of tenant anti-harassment ordinances. It has been reported that the anti-harassment ordinances serve as a deterrent to illegal conduct and assist tenants in their legal defense against landlords who engage in such harassment.

In response to escalating reports of landlord harassment in Oxnard, Councilwoman Basua and Perez requested staff bring forth a Tenant Anti-Harassment Protections Ordinance for City Council’s consideration. Housing staff engaged Mr.

Stephen Lewis, Esq. (Mr. Lewis) to prepare a Tenant Anti-Harassment Protections Ordinance. The proposed ordinance incorporates best practices from the various jurisdictions consulted, continuing the City’s moderate approach, while also ensuring the ordinance did not violate any constitutional protections or published appellate opinions.

On March 25, 2025 staff introduced a draft Tenant Anti-Harassment Protections Ordinance to the Community Services, Public Safety, Housing & Development Committee. At this meeting, staff received input from the Committee, public and 94 various community stakeholders. Although there were a number of changes requested, consensus was reached amongst the stakeholders and Committee Members for two (2) changes, which are further described below.

DISCUSSION

The March 25, 2025 Committee staff report, without attachments, is included as Attachment 3. That report should be read in conjunction with this staff report.

The proposed ordinance prohibits harassment by residential landlords and identifies specific acts and omissions by landlords that constitute prohibited harassment. Violations under the ordinance are a misdemeanor and may be criminally prosecuted by the City. Based on the experience of other jurisdictions with similar ordinances, only the most egregious cases are prosecuted as violations of tenant anti-harassment laws. The ordinance also allows an aggrieved tenant, the City, or an organization to pursue civil action for damages and the recovery of attorney fees. The ordinance would apply citywide to all residential tenancies within the City. A copy of the proposed ordinance is attached to this report (Attachments 1 and 2).

For the ordinance to be effective it would require at least two staff positions, which are discussed in more detail later in this report. The two positions associated with this ordinance will be included for Council consideration of the FY 25-26 budget. Therefore, if the ordinance is approved on April 29th, the ordinance will not come before the Council for adoption until after consideration of the FY 25-26 budget. An ordinance does not go into effect until 30 days after adoption. This means, at the earliest this ordinance would not be effective until at least the end of July.

During the Committee meeting several comments were received and ultimately, consensus was reached and the Committee recommended two (2) changes to the proposed ordinance, as outlined below:

1. Section 27-42(A)(3) addresses an owner’s right to access a rental unit. A request was made to add language specifying the hours during which entry is permitted. In response and in collaboration with community stakeholders, staff proposes adding the following subsection:

(v) “entries outside of normal business hours, which are defined as 7 AM to 7 PM, Monday through Friday, Saturdays 8 AM to 12 PM, except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.”

2. Section 27-42 (A)(10) was amended to clarify “good faith”:

“...This subsection shall not apply to communications and conduct that are made in connection with actual pending litigation or litigation preparation, including any communications and conduct subject to Civil Code section 47 in conjunction with the "good faith" requirements stated in Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232.”

Implementation of the Tenant Anti-Harassment Ordinance

In preparation for implementing the proposed ordinance, staff reviewed over a dozen anti-harassment laws to better understand the staffing, budget and outcomes associated with the implementation of their respective laws. Based on this research, staff recommends an approach in alignment with the City of Santa Monica, which is a standalone anti- harassment ordinance so it will cover all residential tenancies within the City.

The City of Santa Monica’s Tenant Harassment Ordinance applies to the 33,505 renters as identified in their Housing Element, as compared to an estimated 22,327 housing units in Oxnard that the proposed ordinance would apply to.

The City of Santa Monica receives approximately 200 complaints a year and on average 5-10 of those result in litigation.

Each of those complaints warrants a thorough investigation which often results in substantial staff time needed to prepare these cases prior to the City Attorney’s office receiving them. Santa’s Monica’s ordinance is administered by the City Attorney’s - Consumer Protection Unit, which is staffed by five lawyers, two investigators and support staff.

95 Adoption of a Tenant Anti-Harassment Protections Ordinance would be ineffective without adequate staffing and resources to enforce the ordinance. Based on research with other cities, to launch a citywide program at least two (2) positions are necessary: one (1) partially dedicated Assistant City Attorney and one (1) fully dedicated Housing Investigator.

Enforcement of the proposed ordinance is contingent upon City Council approval of the additional staffing necessary for its implementation. Therefore, if the ordinance is approved on April 29th, the proposed ordinance would return to the City Council for consideration of adoption after the FY 25-26 budget is adopted.

The Assistant City Attorney would conduct legal research, prepare opinions and regulations, prosecute civil or criminal violations related to the Tenant Anti-Harassment Protections Ordinance and other municipal codes, and represent the city in a variety of litigation. The current salary range for an Assistant City Attorney is: $156,976.56 - $216,831.68.

The Housing Investigator would investigate tenant complaints, conduct research, interview witnesses, prepare reports and make referrals for criminal prosecution, civil litigation or to non-profits organizations. The current salary range for a Housing Investigator is: $59,839 - $113,367.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Adoption of the proposed ordinance will have a new fiscal impact on the General Fund. An annual budget of approximately $505,000 is needed to support the two positions, budgeted at mid-range of the salaries, including benefits and fixed charges such as workers compensation, liabilities, unfunded liabilities, etc.

COMMITTEE OUTCOME

On March 25, 2025 staff introduced a draft Tenant Anti-Harassment Protections Ordinance to the Community Services, Public Safety, Housing & Development Committee. Written comments regarding this item were received from the Law Office of Barbara Macri-Ortiz and CAUSE. At this meeting, staff also received input from the Committee, public and various community stakeholders including property owners and managers, and real estate association professionals.

Based on the consensus received, staff amended the draft ordinance as described within this staff report. The Community Services, Public Safety, Housing & Development Committee approved the ordinance as amended, 3-0 on March 25, 2025.

Prepared by: Albert Ramirez, Assistant Housing Director

ATTACHMENTS

1. Attachment 1 - Redline Tenant Anti-Harassment Ordinance

2. Attachment 2 - Clean Tenant Anti-Harassment Ordinance

3. Attachment 3 - Committee Staff Report

4. Attachment 4 - Comment Letters

5. Attachment 5 - PowerPoint Presentation

96 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: July 15, 2025

TO: City Council

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

SUBJECT: Annual Purchase Orders with Astra Backflow, Inc. for Backflow Equipment and Supplies.

RECOMMENDATION

The City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Astra Backflow, Inc. (Astra) for an initial term of one year from July 1, 2025, to June 30, 2026, with an option for four consecutive one- year period extensions ending June 30, 2030, for a total contract amount not to exceed $860,000 for backflow equipment and supplies.

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

BACKGROUND

All potable water systems are required to follow the cross-connection protection mandates under the State Water Resources Control Board Cross-Connection Control Policy Handbook (State’s Handbook). The Water Division has implemented a Cross-Connection Control Program, in compliance with State requirements, which utilizes backflow prevention assemblies to protect the City’s water distribution system. The assemblies prevent water that has been delivered to a customer through a water meter from re-entering the cityside of the system, thus protecting the City’s system from contamination and pollution.

The Water Division currently manages the state-mandated testing compliance on over 11,156 backflow devices. In January 2021, the Water Division started maintaining approximately 673 City-owned backflow devices. This required the Water Division to seek funding and backflow-specific vendors to have the ability to purchase backflow equipment, parts and supplies for repair and replacement of City-owned backflow devices located throughout the City.

The State’s Handbook specifies that all backflow assemblies must be tested at the time of installation, annually, after repairs, and after relocation. Customers who are required to have backflow devices, receive annual notices from the City with a testing due date. On July 1, 2025, the State’s Handbook is set to require that all backflow assemblies that fail the field test are repaired or replaced by the backflow assembly owner within 30 days of notification of the failure.

Each fiscal year, departments and divisions require a quick and efficient method to procure goods required to accomplish their mission. As allowed by the City’s Purchasing Policy, a Blanket Purchase Order (BPO) is an agreement established with a vendor to fill repetitive needs for goods such as backflow equipment and supplies. The BPO utilizes the City’s full buying power by taking advantage of quantity discounts, while also saving administrative time and reducing paperwork.

BPOs can be executed with an aggregate value of $220,000, which is within the City Manager or its designee authority per the Purchasing Policy.

There is currently one vendor providing backflow equipment and supplies set up through an informal bid solicitation. The following summarizes recent Water specific purchase order information:

97 Vendor Name Purchase
Order
Purchase
Order Start
Date
Purchase
Order End
Date
NTE Value
for Water
(6083607)
Spent
Astra Backflow, Inc.
(Informal Bid)
22500252 7/29/2024 6/30/2025 $100,000 $87,843
Astra Backflow, Inc.
(Informal Bid)
22400920 4/29/2024 6/30/2024 $45,000 $41,357
Famcon Pipe & Supply
(Citywide BPO)
22400057 7/01/2024 6/30/2024 $31,230 $30,641
Famcon Pipe & Supply
(Citywide BPO)
8842 10/31/2022 6/30/2023 $44,800 $12,100
Ferguson US Holding
(Citywide BPO)
8841 10/31/2022 6/30/2023 $38,300 $0.00
Famcon Pipe & Supply
(RFB 22-42)
8463 1/18/2022 10/31/2022 $200,000 $26,009
Ferguson US Holding
(RFB 22-42)
8464 1/18/2022 10/31/2022 $200,000 $4,545

Staff recommends a not-to-exceed (NTE) annual amount greater than before for the purchase orders to allow for potential price increases, due to the uncertainties around tariffs and to address a backlog of City-owned devices requiring testing.

To provide for better efficiency and to ensure compliance with State regulations, in 2021, the Water Division began maintaining City-owned devices and billing the respective division or department. Starting on July 1, 2025, the State’s Handbook requires that all backflow assemblies that fail the field test are to be repaired or replaced within 30 days of notification of the failure. The cost of which will be borne by the owner of the device.

DISCUSSION

On March 3, 2025, the City issued a Request for Bid (RFB) PW 25-99 to solicit bids from vendors for backflow equipment, parts and supplies. The RFB was posted on the City's website and PublicPurchase.com. The following three vendors submitted bids by the closing date, March 24, 2025:

1. Astra Backflow, Inc. for a total bid amount of $6,571.43

2. Famcon Pipe & Supply, Inc. for a total bid amount of $7,827.34

3. Ferguson Waterworks for a total bid amount of $9,824.83

Upon a full evaluation by the City’s Purchasing Division of the submitted bids, Astra Backflow, Inc. meets all required City contractual provisions. Based upon the available information, historical spending and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost of the purchase orders with Astra Backflow, Inc. shall not exceed $860,000 if all term options are fully utilized. The funding for FY 2025-26 has been programmed in the Water Operating Fund (601) in the Fiscal Year 2025- 26 Proposed Budget for City Council’s consideration. Funding for subsequent fiscal years will be requested during the annual budget process. The estimated spending plan per fiscal year is as follows:

98 Estimated Spending Plan
Account FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 TOTAL 6013607-52400 $125,000 $135,000 $145,000 $155,000 $165,000 $725,000 6013605-52400 $10,000 $13,000 $16,000 $19,000 $21,000 $79,000 6013600-52400 $8,000 $9,000 $11,000 $13,000 $15,000 $56,000 TOTAL $143,000 $157,000 $172,000 $187,000 $201,000 $860,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 24, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Prior Year Pricing

99 VENDOR NAME:____________________________________ DATE:_________________ SIZE BRAND SERIES ITEM DESCRIPTION PART NO.

UNIT PRICE
FOR QTY 1
(excludes
shipping &
taxes)

IN STOCK

FOR SAME

DAY PICK
UP?
Y/N

IF NOT IN
STOCK,

AVAILABLE
WITH IN 48
HOURS?
Y/N
AAA-BBB-CC $99.99 Qty 10 5% off Yes Yes
DDD-EEE-FFF $500.00 N/A N/A No No
1" Zurn Wilkins 975XL2 Total Repair Kit (Springs, Seats, Poppets) RK34 - 975XLC $ QTY % OFF 2" Zurn Wilkins 975XL2 Total Repair Kit (Springs, Seats, Poppets) RK114 - 975XLC $ QTY % OFF 1" Zurn Wilkins 950XL2 Complete Repair Kit (Springs and Poppets) RK34 - 950XLC $ QTY % OFF 2" Zurn Wilkins 950XL2 Total Repair Kit (Springs and Poppets) RK114 - 950XLC $ QTY % OFF 1" Zurn Wilkins 375XL Complete Repair Kit (Checks and Relief Valve) RK34 - 975XLC $ QTY % OFF 2" Zurn Wilkins 375XL Complete Repair Kit (Checks and Relief Valve) RK114 - 375 $ QTY % OFF

2.5" Zurn Wilkins 375 Complete Relief Valve Repair Kit (Springs, Rubber Hard Parts) RK212 - 375 $ QTY % OFF 4" Zurn Wilkins 375 #2 Check Assembly w/ Retainer Clip RK4 - 350CK2 $ QTY % OFF 4" Zurn Wilkins 375AST 1st Check Assembly w/ Retainer Clip RK4 - 375ASTCK1 $ QTY % OFF 4" Zurn Wilkins 375AST 2nd Check Assembly w/ Retainer Clip RK4 - 350ASTCK2 $ QTY % OFF 2" Zurn Wilkins Tapped Lead Free Ball Valve 2 - 850XL $ QTY % OFF 2" Zurn Wilkins Non - Tapped Lead Free Ball Valve 2 - 850XL $ QTY % OFF

1.5" Zurn Wilkins 975XL2 RP Lead Free $ QTY % OFF
3" Zurn Wilkins 375AST (OS&Y) RP Lead Free $ QTY % OFF
2" Febco 825Y Complete Repair Kit (Poppets, Springs, Total RV Kit) RK 825Y112 - 2 $ QTY % OFF 2" Febco 825YA Complete Repair Kit (Poppets, Springs, Total RV Kit) RK 825Y112 - 2 $ QTY % OFF 2" Febco LF860 Full Relief Valve Module Kit (Seat Ring, Diaphragm,Small and Large Piston) 905354 $ QTY % OFF 2" Watts 009 Total Repair Kit 887284 $ QTY % OFF
$
$
$ General
Discount %
Bulk
Discount
% OFF % OFF
Exact quantities may vary and may be increased or decreased to meet the agency's requirements. No minimum is guaranteed.

Delivery Charge
Other Costs (List)
Total Bid Amount
WATER EQUIPMENT AND SUPPLIES (PRICING TO BE VALID THROUGH JUNE 30, 2024) BULK DISCOUNT AVAILABLE?

IF YES, QUALIFYING QTY
AND % OFF
EXAMPLE - Wheelbarrow
EXAMPLE - Pressure Washer 2900 PSI
General Percentage Discount Price (off list price) for items not shown Astra Backflow Inc
03/28/24
45 5
5 Zero
Zero
5 5
5 5
5 5
5 5
5 5
5 5
5 5
5 5
5 107.80
163.90

48.80 84.70

36.30 148.50

95.15 337.15
399.85
337.15
280.00
240.00
800.00
2400.00
100.43
100.43
184.80
400.00
10 10
10 10
10 5
5 10
10 5
5 5
10 5
10 10
10 10
Y
y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
6264.56
100

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: July 15, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32600023 with BSN Construction Inc. for Asphalt Repairs in Multiple Neighborhood Locations, Specification No. PW 25-107.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with BSN Construction Inc., in the amount of $504,768 for the Project and approve a Project contingency amount of $50,477 (~10%) for a total not to exceed value of $555,245 for the Project.

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

BACKGROUND

Underground water main and service lateral leaks typically require removal of paving or sidewalk panels to make repairs. Once the underground utility work is performed, Water staff members install temporary material (e.g. cold patch) to allow for the roadway (or sidewalk) to be used safely until such time a cost-effective more permanent repair can be made. This ultimately results in the need to install small, approximately six-foot by six-foot, patches. The Water Division does not currently have the equipment or materials to make permanent repairs and instead installs temporary pavement as noted before. Nor would it be an efficient use of time or resources for the Water staff to conduct pavement repairs instead of working on the water infrastructure given the current staffing model. Temporary patches are grouped together and bid out for permanent repair to gain the greatest advantage of economies of scale when bidding. Additionally, the quantity of work required to repair active locations would exceed the Force Account limit for in-house projects, which is another reason to solicit bids for this work.

This project consists of 145 patches, approximately 4,886 total square feet, at different locations throughout the City. The scope of work includes furnishing all labor, materials, equipment, and other incidentals to provide concrete and asphalt repair and street striping services.

DISCUSSION

The Notice Inviting Formal Bids (NIFB) of this project was published on May 8, 2025. Publication included the local newspaper and multiple online platforms, in addition to being directly distributed to 33 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were opened on May 28, 2025, and the City received the following bids:

BSN Construction Inc.: $504,768
ADA General Eng. Inc.: $516,907
Toro Enterprises, Inc.: $576,607

Procurement staff reviewed all bids and documentation and determined BSN Construction Inc. is the lowest responsive bidder. Procurement staff verified possession of required, currently valid licenses, reviewed the federal Occupational 101
Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to BSN Construction Inc.

This construction contract shall be completed before expiration of ninety (90) working days after the issuance of the Notice to Proceed (NTP).

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with BSN Construction Inc. shall not exceed $555,245 which includes $504,768 for the Project and a Project contingency amount of $50,477 (~10%). The funding for the Asphalt Repairs in Multiple Neighborhood Locations, Specification No. PW 25-107 has been programmed in the Proposed Fiscal Year 2025-26 Budget from the Water Operating Fund 601 (Account 6013600-53200) for City Council’s consideration.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 24, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Assistant Public Works Director, Chris Peyton, Water Division Manager

ATTACHMENTS

1. Agreement No. 32600023

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Agreement No.: 32600023
1 CONSTRUCTION CONTRACT FOR

ASPHALT REPAIRS IN MULTIPLE NEIGHBORHOOD LOCATIONS PROJECT SPECIFICATION NO. PW 25-107

BY AND BETWEEN

THE CITY OF OXNARD
AND BSN CONSTRUCTION INC.

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this 15th day of July, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and BSN CONSTRUCTION INC. (“Contractor”). Contractor’s license number is 806551. The City a nd Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City requires construction of the ASPHALT REPAIRS IN MULTIPLE NEIGHBORHOOD LOCATIONS PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 25-107 (the “Project”); and

WHEREAS, on May 08, 2025, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on July 15, 2025, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the f ollowing documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are complementary; what is called for in one is binding as if 103
Agreement No.: 32600023
2 called for in all, and together constitutes Contractor’s performance obligations:

1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Regulatory Permits from other agencies specified in Appendices A of the bid package or as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Bid Forms and attachment thereto;

10. Performance Bond;

11. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contrac tor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).

B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.
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3 E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.

F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.

1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

4. LICENSES REQUIRED

A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.

B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.

C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION

A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor FIVE HUNDRED FOUR THOUSAND SEVEN HUNDRED SIXTY- EIGHT DOLLARS, ($ 504,768) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

B. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ninety (90) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the 105
Agreement No.: 32600023
4 Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply.

1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.

2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).

B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy-five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.

1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to 106
Agreement No.: 32600023
5 engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.

5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.

B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:

1. Immediately discontinue the Work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.

4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

C. Upon such termination, the Contractor will be paid without duplication for:

1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

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Agreement No.: 32600023
6 D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no great er rights of recovery against Contractor than are afforded to Contractor under this Section 7.

9. TERMINATION FOR CONTRACTOR’S DEFAULT

A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:

1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;

2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;

3. disregards written instructions from the City or materially violates provisions of the Contract Documents;

4. fails to prosecute the Work according to the schedule approved by the Engineer,

5. disregards laws or regulations of any public body having jurisdiction, or

6. commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.

B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:

1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10. PREVAILING WAGE

A. Compliance with State Prevailing Wage Requirements . Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the 108
Agreement No.: 32600023
7 Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 10.

C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirem ents for electronic submission of payroll records to the DIR.

1. Contractor and Subcontractor Obligations . Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

2. Certified Record . A certified copy of an employee’ s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section.

If Contractor or Subcontractor fails to do so within the ten- day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

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8 D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

E. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.

F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.

G. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:

1. Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rat e and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in exc ess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

H. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contract or shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

11. LIQUIDATED DAMAGES

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9 If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of TWO HUNDRED FIFTY DOLLARS ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS

Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.

13. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

14. INSURANCE

Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one -year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-D attached as Exhibit B to this Contract.

15. FEDERAL GRANT CONTRACT PROVISIONS [RESERVED]

15. STATE GRANT CONTRACT PROVISIONS: CLEAN CALIFORNIA MASTER AGREEMENT AND APPENDIX [RESERVED]

16. TIME OF THE ESSENCE

Time is of the essence in the performance of this Contract.

17. INDEMNIFICATION

A. Notwithstanding the limits of any insurance and to the fullest extent permi tted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's per formance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole 111
Agreement No.: 32600023
10 negligence, or wi llful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

1. Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

2. Contractor will promptly pay any judgm ent rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

3. In th e event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.

B. City will timely notify Contractor upo n receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.

18. THIRD PARTY CLAIMS

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11 The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third- party claim r elating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.

19. CONFLICTS OF INTEREST

The Contractor shall not accept any employment or representation during the Contract Term or within twelv e (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”

20. REPORTS; BOOKS AND RECORDS; AUDIT

A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.

21. NONDISCRIMINATORY EMPLOYMENT

A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply wit h the nondiscrimination mandates of all statutes, ordinances and regulations.

B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the 113
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12 provisions in this Section and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.

22. MODIFICATIONS AND AMENDMENTS

This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

23. ENTIRE AGREEMENT

A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.

B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

C. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

24. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25. NOTICES

A. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

TO CITY: City of Oxnard
305 W Third St, East Wing, 3rd Floor
Oxnard, CA 93030
Attn: Project Manager (PW 24-30)
TO CONTRACTOR: BSN Construction Inc.
3897 Market Street, Suite 201
Ventura, CA 93003
Attn: Ben Nakaba
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13 B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

28. BONDS

Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each i n an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

29. CARE OF WORK

Contractor must adopt reasonable methods during the life of t he Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.

30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

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14 No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

32. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assign s, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

33. GENDER; PLURAL

In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

34. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

35. GOVERNING LAW

The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

36. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

37. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.

38. EFFECTIVENESS OF CONTRACT

This Contract shall not be binding upon t he City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.

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15 39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

40. WAIVER

No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other defaul t concerning the same or any other provision of this Contract.

41. INDEPENDENT CONTRACTOR STATUS

Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

42. COUNTERPARTS

This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

44. ATTORNEY'S FEES

If either Party commences an action against the other Party, whether legal, adminis trative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

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16 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD BSN CONSTRUCTION INC.

☒ Luis Mc Arthur, Mayor1 Date Ben Nakaba, CEO/ Secretary 2 Date ☐ Purchasing Agent

ATTEST:

Lourdes A. López, Date
City Clerk (only if Mayor signs)

APPROVED AS TO FORM:

________________________ __________
Stephen M. Fischer, Date
City Attorney (always required)

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

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

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17 EXHIBITS

Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-D: Insurance Requirements.

Exhibit C: [RESERVED]
Exhibit D: [RESERVED
Exhibit E: [RESERVED]
Exhibit F: [RESERVED]
Bonds

The corresponding exhibits and forms contained within follow.

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CONTRACTOR’S BID PROPOSAL

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25 EXHIBIT B
FORM INS-D : INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.

Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.

Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. T he Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsi bility to give such notice.

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -D or substitute forms containing the same information and acceptable to the Risk Manager sh all be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insura nce or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City , its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and relate d investigations, claim administration and defense expenses.

6. All insurance standards applicable to Contractor shall als o be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

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26 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Imprope rly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the poli cy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-D.doc

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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER

NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

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28 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any o ther insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

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29 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of t he City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

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[RESERVED]

EXHIBIT D
[RESERVED]
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[RESERVED]

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[RESERVED]
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33 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work descri bed as ASPHALT REPAIRS IN MULTIPLE NEIGHBORHOOD LOCATIONS PROJECT, SPECIFICATION NO. PW 25-107.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount
being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penal ty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall 135
Agreement No.: 32600023
34 become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
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Agreement No.: 32600023
35 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as ASPHALT REPAIRS IN MULTIPLE NEIGHBORHOOD LOCATIONS PROJECT, SPECIFICATION NO. PW 25-107.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this
amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of l imitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 137
Agreement No.: 32600023
36 Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9

DATE: July 15, 2025

TO: City Council

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

SUBJECT: Agreement 32600002 with Pirate California Holdings, LLC dba Pirate Staffing for Temporary and Supplemental Labor Services at the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an agreement with Pirate California Holdings, LLC dba Pirate Staffing with an initial term of three years from July 16, 2025 through July 15, 2028, with an option for two one-year extensions ending July 15, 2030 for a total amount not to exceed $1,250,000, for temporary and supplemental labor services at the Del Norte Regional Recycling and Transfer Station (Del Norte).

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

BACKGROUND

The Public Works Environmental Resources Division (ER) has traditionally relied on temporary staffing services to support its workforce in response to changing operational needs, staff vacancies, and urgent projects. These temporary staffing contracts have enabled the City to maintain consistent service delivery, manage periods of increased workload, and meet short-term staffing demands more efficiently than through standard recruitment processes.

The use of temporary staffing began as a practical solution to bridge gaps caused by retirements, extended leaves of absence, and recruitment delays. Over time, the City has used, when necessary, temporary staffing to ensure departments remain adequately staffed while permanent positions are being filled.

One key area where this need is especially prominent is ER, which is responsible for the City’s solid waste, recyclable, and organic material collection services, as well as the operation of the Del Norte. ER operations rely on a workforce of over 180 employees across 25 job classifications to support the wide range of services expected from a full-service solid waste utility.

Certain positions within ER—specifically Maintenance Worker (Sorter), Maintenance Technician (Maintenance Worker Trainee), and Administrative Technician (Office Assistant)—have historically experienced high turnover. Recruitment for these roles is often ongoing, and vacancies can disrupt operational efficiency and daily scheduling. As a result, existing staff are frequently required to work overtime to meet service demands, which increases operational costs and staff fatigue.

To address these challenges and ensure service continuity, ER has utilized temporary staffing services for the past 11 years. Having access to temporary and supplemental labor through a qualified outside vendor enables ER to maintain cost-effective, uninterrupted operations during recruitment periods or unexpected staffing shortages.

The use of temporary staffing has been formalized through contracts with staffing agencies. These agreements have typically ranged in duration from one to three years, with contract amounts varying based on divisional/departmental needs and staffing levels. For example:
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• A three-year agreement between ER and Pirate Staffing initiated on July 16, 2022, valued at $800,000, and averaging approximately $250,000 annually, provides supplemental labor services for Del Norte, including the solid waste and recycling collection program and Materials Recovery Facility (MRF); • A two-year agreement between ER and Select Staffing valued at $1,600,000 initiated on January 7, 2014, for supplemental labor services for the Del Norte facility, including the solid waste and recycling collection program and MRF.

ER’s continued use of temporary help contracts remains a practical and cost-effective approach to addressing workforce challenges, minimizing service disruptions, and supporting essential public operations.

DISCUSSION

On January 23, 2025, the City's Purchasing Department issued a formal Request for Proposal (RFP) 25-87 for Temporary Labor Services for ER. The RFP was sent directly to nine potential vendors, with an additional 49 vendors that were invited based upon their classification or were self-invited through the Public Purchase website: www.PublicPurchase.com, as well as the City’s Purchasing website. Proposals were due March 6, 2025, and a total of 10 proposals were received.

An evaluation committee from the Environmental Resource Division including a Material Recovery Facility Supervisor, two Environmental Resources Services Administrative Assistants, and Human Resource Administrative Services Analyst, reviewed, evaluated and determined Pirate California Holdings, LLC dba Pirate Staffing (Pirate Staffing) to be the highest-ranked proposer based on the scoring criteria listed in the RFP. Scoring criteria consisted of Qualification and experience, ability and history in providing the requested services for public agencies of similar size, population and need of the City, and overall responsiveness and completeness of the proposed scope of work. Additionally, the awarded vendor meets all required City contractual provisions, including possession of a City Business Tax Certificate, City’s living wage policy, insurance certificates, and corporate filing with the California Secretary of State. Therefore, based upon the analysis and research performed to date, staff believes that the recommended vendor is capable of successfully performing temporary and supplemental labor services at the Del Norte.

For FY 2025, the following hourly rates for regular-time (reg) / overtime (OT) for the noted positions are included in this agreement: Maintenance Worker (Sorter): $30.96 (reg) / $46.44 (OT); Maintenance Technician (Maintenance Worker Trainee): $30.96 (reg) / $46.44 (OT); and Administrative Technician (Office Assistant): $29.35 (reg) / $44.03 (OT). Rates for future fiscal years can be found on page 30 of Agreement 32600002 listed as “Exhibit B” titled:
“SCHEDULE OF COMPENSATION.”

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with Pirate Staffing shall not exceed $1,250,000 through July 15, 2030, if all years are extended. There is no minimum hours for services rendered by Pirate Staffing. No temporary or supplemental worker providing services under this Agreement shall work more than 960 hours during a fiscal year.

Funding for FY 2025-26 has been requested in the Environmental Resources Fund (631) Proposed Budget for Council consideration. Funding for subsequent fiscal years will be requested during the annual budget process.

Pirate California Holdings, LLC dba Pirate Staffing - Spending Plan Fund FY 25-26 FY 26-27 FY 27-28 FY 27-28 FY 29-30 TOTAL 140
Environmental Resources:
6313630-53200 $250,000 $250,000 $250,000 $250,000 $250,000 $1,250,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 24, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. Agreement No. 32600002

2. Prior Agreement A-8444 Schedule of Compensation

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.10

DATE: July 15, 2025

TO: City Council

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

SUBJECT: Agreement 32500487 with Cragoe Pest Services, Inc. for Landscape Pest Control Services.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an agreement with Cragoe Pest Services, Inc. with an initial term of three years from July 16, 2025 to July 15, 2028, with an option for two consecutive one-year period extensions ending July 15, 2030, and for a total amount not to exceed $660,000 for landscape pest control services at City parks and other City landscaped areas.

(Public Works and Transportation Committee approved 3-0 on June 24, 2025)

BACKGROUND

The City currently contracts for landscape pest control services at various City parks and other landscaped facilities. This contract provides flexibility for adjusting the service levels to match each park and facility’s landscape treatment needs and budget. The City parks are inspected monthly and treated (if necessary) for gophers, ground squirrels, mice, rats, and bees.

DISCUSSION

On January 29, 2025, the Purchasing Division published a Request for Bid (RFB) PW 25-54A for landscape pest control services within City parks and other City landscapes. Three potential vendors were directly notified of the RFB, as well as the RFB being published on www.PublicPurchase.com and the City’s Purchasing website. Bid submissions were due by February 26, 2025. The RFB states, "The award is based upon the vendor that has bid and can provide all items requested and has the lowest average cost total of all Locations". Therefore, based upon the bids provided, Cragoe Pest Services is the lowest bidder. The bid results for the landscape pest control services are as follows:

Contractor Initial Treatment Bid
Amount
Monthly Treatment Bid
Amount
Total Bid
Amount
Cragoe Pest Services $12,235.00 $4,430.00 $60,965.00
Ventura Pest Management $4,029.60 $5,727.60 $71,604.00
Payne Pest Management $6,545.00 $6,545.00 $78,540.00
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Pestmasters Services $10,602.23 $8,894.61 $108,443.15
Animal and Insect Pest
Management
$9,750.00 $12,914.00 $164,718.00

This Agreement with Cragoe Pest Services Inc. provides monthly landscape pest control services that include, but are not limited to, gophers, ground squirrels, mice, rats, and bees in the parks and other City landscapes. Additionally, this Agreement provides for on-call services to respond to unscheduled landscape pest control issues at other City facilities.

The on-call services will be requested by City Staff through Task Orders. Staff has confirmed that Cragoe Pest Services, Inc. meets all required City contractual provisions, including pest control licenses, possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the services in this Agreement.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement with Cragoe Pest Services, Inc. shall not exceed $660,000 over the term of five years.

Services will commence in FY 2025-26 and funds have been included in the proposed FY 2025-26 Budget. The funding for future years will be requested during the annual budget process. There is an estimated 3% annual inflation increase beginning in FY 2026-27 that is factored into the total not-to-exceed amount for this Agreement. Approval for an annual inflation factor will require a written request, with documentation, for the increase to be considered.

The on-call amounts are for services that will only be authorized by staff through an assigned Task Order for any non- routine landscape pest control services. The following Estimated Spending Plan includes the Parks Division and Special Districts Division monthly services, with estimated on-call expenses for the various departments and divisions to address potential on-call services that may be requested. These on-call services are subject to available funding within the associated department/division budgets. There is no guarantee that the on-call amounts within the Estimated Spending Plan will be spent on landscape pest control services. Parks account includes initial treatment cost for FY 2025-26.

ESTIMATED SPENDING PLAN
Division Account# FY 26 FY 27 FY 28 FY 29 FY 30 Total
Parks 1013301-53200 $ 59,200 $ 50,000 $ 51,500 $53,000 $54,500 $ 268,200 60503801-53200 $ 6,500 $ 6,600 $ 6,700 $ 6,800 $ 7,000 $ 33,600 60203801-53200 $ 1,200 $ 1,200 $ 1,200 $ 1,300 $ 1,400 $ 6,300 60403801-53200 $ 1,800 $ 1,800 $ 1,800 $ 1,900 $ 2,000 $ 9,300 40203801-53200 $ 750 $ 750 $ 750 $ 750 $ 800 $ 3,800
Special
Districts
20003801-53200 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 On-Call Various $ 42,660 $ 42,660 $ 42,660 $ 42,660 $ 42,660 $213,300 Water 6013600-53200 $ 2,500 $ 3,000 $ 3,500 $ 4,000 $ 4,500 $ 17,500 AWPF 6013605-53200 $ 1,000 $ 1,500 $ 2,000 $ 2,500 $ 3,000 $ 10,000 Wastewater 6113610-53200 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000 OTC 90403201-53200 $ 1,000 $ 1,100 $ 1,200 $ 1,300 $ 1,400 $ 6,000 Police 1012111-53200 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 12,000 188
Fire Admin 1012501-53200 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 5,000 Total $ 135,010 $ 127,010 $ 129,710 $ 132,610 $ 135,660 $ 660,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 24, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement No. 32500487

2. Bid tabulation for RFB #25-54A

3. Prior Agreement A-8422 - Schedule of Compensation

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GENERA

L SERVICE AGREEMENT

BETWEEN
THE
CITY OF OXNARD AND CRAGOE PEST SERVICES, INC.

By This G
eneral Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Cragoe Pest Services, Inc. (“Service Provider”), and Service Provider agrees to perform the services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Service Provider may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTEN
TIONALLY OMITTED]

2. SUMMARY DE
SCRIPTION OF SERVICES.

This Agr
eement is for monthly pest control services for the city parks and other City locations
The Servi
ces to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. Service Provider may not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this agreement.

3. PARTIES
.

City of
Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard, California 93030 Cragoe Pest Services, Inc., a corporation of the State of California, located at 885 Patriot Drive, Suite D, Moorpark, California 93021

4. TERM OF AGREEMENT: From: July 16, 2025 To: July 15, 2028 A. Time is of the essence in this Agreement.

B. The City shall have the option for (2) two consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the On-Call General Services Agreement.

Agreement No. 32500487

Page 1 of 71 ends

Oxnard City CouncilJuly 15, 2025

Oxnard City Council
July 15, 2025