Agenda packet — Oxnard City Council, January 20, 2026 (part 2 of 2)

311
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement 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 Consultant, its agents, representatives, employees or subconsultants. 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 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. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants 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.

2. Consultant 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-A. 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 commencement of services. 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]

3. Consultant 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, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall 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).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or selfinsurance 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.

6. The insurer shall declare any deductibles or self-insured retentions to and be 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Innovative Engineering Systems, Inc., dba Agilitech)

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312
Exhibit INS-A

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. Improperly 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 policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc
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313
Exhibit INS-A

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.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] 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) $

A 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 $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER - 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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Exhibit INS-A
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) 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

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
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. 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. The City, its officers, agents, employees and volunteers 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.

2. 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 other 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. 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. 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. 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. 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.
-
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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Exhibit INS-A
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) . 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

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
Underwriter’s representative for claims pursuant to this insurance.

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. 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. 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.

5. 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. 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 exclusions of the policy to which this endorsement is attached.

CITY OF OXNARD -
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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EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Innovative Engineering Systems, Inc., Dba Agilitech)

INTENTIONALLY OMMITTED
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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Innovative Engineering Systems, Inc., Dba Agilitech)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.

A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.

D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2026
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E.

While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.

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EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Innovative Engineering Systems, Inc., dba Agilitech)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor.

The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.

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6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

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12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1
DATE: January 20, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Grant Application to the 2026 U.S. Department of Transportation Better Utilizing Investments to Leverage Development (BUILD) Grant Program.

RECOMMENDATION
That the City Council approve and authorize the:

1. Submission of a grant application for Better Utilizing Investments to Leverage Development (BUILD) for $12,000,000 with a $3,000,000 or 20% match requirement from the Traffic Circulation Development Impact Fee Fund (350) Subfund 8040, for a total amount of $15,000,000 (if awarded, staff will return to the City Council to recommend recognizing and appropriating the grant and 20% match requirement);

2. City Manager, or designee, to execute the grant agreements;

3. Chief Financial Officer, or designee, to submit financial reports, grant claims for the use of grant funds; and

4. Public Works Director, or designee, to submit non-financial reports. (This item did not originate in Committee as it is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/T0acBiyxsMs

BACKGROUND
The U.S. Department of Transportation (USDOT) released a Notice of Funding Availability (NOFA) for the “Better Utilizing Investments to Leverage Development” (BUILD) grant program on November 26, 2025. BUILD is a federal transportation funding source that provides reimbursable grants for planning or constructing surface transportation infrastructure projects that will improve safety; environmental sustainability; quality of life; mobility and community connectivity; economic competitiveness and opportunity, including tourism; state of good repair; partnership and collaboration; and innovation.

The BUILD program awards grants through an annual, nationwide, highly competitive grant application process. Over the past five years, California has averaged two to six awards for projects located in urban areas with populations over 200,000, which the City of Oxnard qualifies. The average grant award in this category is $15M.

The US 101 and Del Norte Boulevard Interchange Capital Improvement Program (CIP) project is being recommended by staff for a BUILD grant application.

Capital Improvement Program (CIP) References:

Project No. C2213, US 101 and Del Norte Boulevard Interchange, CIP 2025-2029 - Adopted June 4, 2024 - Page 127. 323

DISCUSSION
Through the BUILD grant, USDOT will award Capital Project grants in two categories:

1. Planning and Project Development ($75M nationwide)
a. Feasibility Studies
b. Project Initiation Document (PID)/Project Report (PR) c. Project Approval and Environmental Document (PA&ED)
d. Preliminary Engineering (PE) aka Plans, Specifications & Estimates (PS&E) and other preconstruction-related activities

2. Construction and Right of Way Acquisition ($750M nationwide) Staff evaluated projects in the City Council-approved 2025-2029 Capital Improvement Program, which aligned with the grant program requirements, and recommended the US 101 and Del Norte Boulevard Interchange as the best candidate. The City applied for this project through the 2025 Southern California Association of Governments (SCAG) Call for Projects; however, it was not funded as SCAG prioritized construction-ready projects.

The grant application scope of work will include:

1. An update to the 2007 Project Initiation Document (PID) and Project Report (PR)

2. An update to the 2008 Project Approval and Environmental Document (PA&ED)

3. Begin Preliminary Engineering (PE), aka Plans, Specifications & Estimates (PS&E) and other preconstructionrelated activities The cost estimate for this phase is $15M. Staff recommends requesting $12M from the BUILD grant, which requires a 20% non-federal match of $3M.

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
If awarded, staff will return to the City Council to recommend recognition and appropriation of the BUILD grant program funds to the Federal Grant Fund (200) for an amount not to exceed $12M and the 20% ($3M) match requirement from the Traffic Circulation Development Impact Fee Fund (350) Subfund 8040, of which $250,000 has previously been approved by the City Council and appropriated for the US 101 and Del Norte Boulevard Interchange (Project C2213). The cost estimate for these phases of the project is $15,000,000. No operating maintenance or new staffing costs are expected for the Preliminary Engineering phase.

COMMITTEE OUTCOME
This item did not originate in Committee as this is for capital improvement projects specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Presentation
324
Application to the 2026 U.S. Department of Transportation Better Utilizing Investments to Leverage Development (BUILD) Grant Program
City Council
January 20, 2026
Debbie O’Leary
Transportation Planner
325
That the City Council approve and authorize the:

2. City Manager, or designee, to execute the grant agreements;

3. Chief Financial Officer, or designee, to submit financial reports, grant claims for the use of grant funds; and

4. Public Works Director, or designee, to submit non-financial reports.

RECOMMENDATION 2
326
• The U.S. Department of Transportation (USDOT)
released a Notice of Funding Availability (NOFA) for
the “Better Utilizing Investments to Leverage
Development” (BUILD) grant program.
• The BUILD program is a nationwide annual highly
competitive reimbursable grant program.
• Over the past five years California has received
BUILD grant funding for 23 projects located in
urban areas (populations over 200,000).
• The average grant award is $15m.

BACKGROUND 3
327
• Successful BUILD applications will deliver
large-scale transportation infrastructure projects
that will:
• improve safety
• environmental sustainability
• quality of life
• provide mobility and community connectivity
• economic competitiveness opportunities
including tourism
• state of good repair
• partnership and collaboration
• innovation
BACKGROUND 4
328
• USDOT will award grants in two categories:

1. Planning and Project Development ($75M nationwide)
• Feasibility Studies
• Project Initiation Document (PID)/Project Report (PR) • Project Approval and Environmental Document (PA&ED)
• Preliminary Engineering (PE), which includes
Plans, Specifications & Estimates (PS&E) and
other pre-construction related activities

2. Construction and Right of Way Acquisition ($750M nationwide) DISCUSSION 5
329
• Staff evaluated the 2025-2029
Capital Improvement Program for
potential applications.
• Requesting Planning and Project
Development funding for the
US 101/Del Norte Boulevard
Interchange Upgrade was
recommended.

DISCUSSION
6 330
• The cost estimate for the pre-construction phases is $15M. • Staff recommends requesting $12M of BUILD grant funding, which requires a 20% non-federal match of $3M, for a total project cost of $15M. • Scope of work will include updating the 2007 PA&ED, 2008 PR, and begin the PE/PS&E phase.

DISCUSSION 7

PID/PR PA&ED - EA/EIR
331
If awarded, the BUILD grant program funds will be recognized and appropriated to the Federal Grant Fund (200) for an amount not to exceed $12M. The 20% match of $3M will come from the Traffic Circulation Development Impact Fee Fund (350) Subfund 8040, of which $250,000 has previously been approved by the City Council and appropriated for the US 101 and Del Norte Boulevard Interchange (Project C2213). The cost estimate for these phases of the project is $15,000,000.

No operating, maintenance, or new staffing costs are expected for the PE phase.

If the project is awarded the requested grant funds, staff will return to the City Council to recommend the necessary appropriation for the required matching funds.

FINANCIAL IMPACT 8
332

QUESTIONS
9 333

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: January 20, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Initiation of Proceedings to Establish Landscape Maintenance District 43A (Greenbelt Lighting Overlay) and Appropriation From General Reserve to Fund Proceedings.

RECOMMENDATION
The City Council:

1. Approve and authorize an appropriation of $40,000 from the General Fund Reserve to pay expenses (including expenses of conducting a Proposition 218 property owner mail ballot proceeding) associated with establishing a new overlay assessment district, with the same boundaries as LMD 43, to fund the Greenbelt Lighting Replacement Project C2407; and

2. Approve and authorize the Mayor to approve a resolution initiating proceedings to establish Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay).
(This item did not originate in Committee as this is in relation to a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/0- usI1MgZ84

BACKGROUND
Landscape Maintenance District (LMD) 43 is a special financing district formed in 2003 to fund expenses associated with the trees, shrubs, turf, sidewalks, walkway lighting, park benches, trash containers, overhead structures, screen walls (fencing), and ground cover in the area bounded by Williams Dr, Wankel Way, Graves Ave, Pajaro St, and Posada Dr.

The District includes both apartments and single family homes.

The City’s Capital Improvement Plan has identified a need to replace the themed walkway lighting in the District. (Project No. C2407 – Greenbelt LMD 43 Lighting Replacement Project SD 25-142 - CIP 2025-2029 - Adopted June 4, 2024– Page 76). (“Project”).

The existing lights have reached the end of their useful life and, in most instances, are damaged beyond routine repair. The Project scope consists of the removal of existing anchorages, foundations, and wiring for the purpose of installing taller, vandal-resistant, and energy-efficient light standards within the walking path areas of LMD 43. The work is planned to include the demolition of existing concrete light pole foundations and light standards, verification of electrical utility locations, replacement of faulty electrical equipment, installation of electrical conduit, construction of new light pole concrete foundations, and installation of new light standards with all other appurtenant and associated work.

The City had intended to fund this project with approximately $150,000 in funds generated by the existing LMD 43 assessment ($35,000 from FY 2024-25 and $115,000 from FY 2025-26). Approximately $17,347 of this has already been 334
spent on engineering and design.

The Notice Inviting Formal Bids (NIFB) for the Project was published on August 28, 2025, in the local newspaper. Additionally, the NIFB was posted on multiple online platforms, including the City’s website, and distributed directly to 52 contractors, who had registered with the City to be notified of Public Projects bids within their license category. All bids were opened on September 30, 2025 and the City received the following bids:

Venco Electric, Inc.: $599,900
Smith Mechanical-Electrical-Plubming: $615,425
Power Design Electric, Inc.: $744,432
Sfadia Inc. Dba Green Energy Innovations: $748,000
Bear Electrical Solutions, Inc.: $887,500
Taft Electric Company: $1,003,600
The lowest bidder is Venco Electric, Inc. (Venco) and its bid is responsive to the City’s NIFB.

If this bid were to be awarded, Staff would typically recommend the City Council authorize an additional $119,980 for the project, which includes $59,990 for project contingency (10% of the contract costs) and $59,990 for the cost for engineering services and City staff (10% of the contract cost). These recommendations would bring the total estimated cost of the project to $719,880.

The amount of $719,880 significantly exceeds the approximately $150,000 currently available in LMD 43. Even if an advance were made from the General Fund to cover the difference, it would not be realistic for LMD 43 to repay such an advance from its existing flow of assessment revenues. LMD 43 does have an annual CPI adjustment, which has covered yearly operating expense increases to date. However, the Streets & Highway Code limits the amount and duration for collection of payments for CIP projects as it relates to the way this District was formed.

Due to the unexpected cost of the lowest responsive bid, staff reached out to the residents of LMD 43 in an effort to receive their feedback regarding the various funding options. Two virtual meetings were hosted by Special Districts staff and the feedback from the property owners indicated their desire to pursue the project. However, due to the costs and technical nature of funding capital projects within LMDs, this requires specific processes that staff must follow depending on the City Council’s direction. Therefore, the six bids that were received expired on December 29, 2025 and this project will need to be re-solicited.

DISCUSSION
Since the existing LMD 43 assessment is insufficient to fund the Project, there are three options for funding the Project:
(i) advance money from the General Fund to pay for the Project and repay that advance from the annual levies of a new “overlay” assessment that would be levied within the territory of the District; (ii) create a new overlay assessment that would accumulate funds from an additional assessment until it has sufficient funds to pay for the Project; or (iii) fund the Project largely from the General Fund.

The 2025 City Council-approved Maintenance and Finance Policy for Landscape Maintenance Districts (“LMD Policy”) provides direction to staff regarding “underfunded” LMDs. LMD 43 is not an underfunded LMD because LMD 43’s revenues meet its current expenditures and it has comfortable reserves. Staff does not recommend balloting for increasing the rate of the existing LMD 43 assessment, because additional funds are needed only for the Project. However, unless there is an additional “overlay” assessment to pay for the unexpectedly large costs of the Project, there will not be sufficient assessment revenues from LMD 43 property owners to fund the Project.

To levy an overlay assessment, the City needs to create an overlay district, which would be an additional district created with the same boundaries as LMD 43 to raise funds specifically for the Project. The overlay district will exist only for the period necessary to raise those funds. This provides both the residents and the City Council reassurance that the additional assessments for the construction of the Project will not continue to be levied after sufficient funds have been raised to pay for the Project.

Although the LMD Policy does not speak specifically to the creation of new districts, staff notes that the final procedure 335
item for initiating a ballot process is “Other City Council direction which may supersede any item listed above.” The Policy is attached for reference. Staff has performed outreach within this community to gauge their interest in the project and discuss the funding methods. The community’s desire to move forward with this project was made clear during this outreach. Additionally, at least 38 reports have been made since 2016, through the City’s 311 app, requesting service to the light system. Maintenance expenses have been reduced within this district to provide funds for this project. A max levy has been applied within the district, and lastly, certain maintenance services (such as landscape fertilization) were eliminated to further reduce expenses in the effort to fund this project. None of the above items have been successful in generating the funds necessary to fully fund the project.

Because LMD 43 is not underfunded, staff recommends that the City Council initiate proceedings to form an overlay district to be designated “Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay).” (“The Overlay District”). The first step in this process is to adopt a “Resolution Initiating Proceedings.” The Resolution Initiating Proceedings orders the preparation of an Engineers’ Report for the proposed overlay district. That report, plus the cost of Proposition 218 balloting, is expected to cost approximately $32,500 plus expenses to prepare. Report preparation will be funded out of the General Fund, but the Overlay District will be expected to reimburse the General Fund for that cost, consistent with the LMD Policy.

Once the Engineers’ Report is prepared, staff would come back to the City Council for approval of the Engineers’ Report and to consider a Resolution of Intention to create the Overlay District. The Resolution of Intention will set the date and time for a public hearing on the creation of the Overlay District and will also direct staff to conduct a Proposition 218 mail-ballot proceeding for the proposed overlay assessment. At least forty-five days prior to the scheduled hearing, the City must mail notices and ballots to the owners of each assessed parcel of property in the Overlay District. The Council may only create the Overlay District if the number of ballots returned in support of the proposed assessment either equal or exceed the number of ballots that are returned in opposition to the assessment. When counting ballots, each ballot is weighted by the amount of the assessment against the parcel. The cost of conducting the assessment ballot proceeding will be borne by the General Fund. However, if established, the Overlay District will reimburse this cost.

It is acceptable to create an overlay district that collects money in annual installments and then uses the accumulated funds (once sufficient) to pay for the Project. However, staff is recommending that the City advance funds from the General Fund to pay for the Project and then use the Overlay District assessments to repay that advance. It is anticipated that it will take approximately fifteen years for the Overlay District to repay that advance. In order to calculate this with enough certainty for a Prop. 218 ballot question, if the current action is approved, staff will also move to rebid the project so that bids are received concurrently with the completion of the Engineer’s Report. Staff will require bids to be valid for an extended time (greater than the normal 90 days) to both provide the Engineer with enough time to complete the Engineer’s Report, including a calculation for how long the district will need to levy assessments, and to allow the low bid to remain valid through the required Prop. 218 balloting timelines. The Engineers’ Report will include calculations premised by an advance from the General Fund. Staff does not recommend delaying the project until sufficient assessments have been collected to then fully fund the Project, due to increases in construction costs over time, the poor condition of the current lighting, and the community feedback in support of moving forward with the project.

STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT
The financial impact for the recommended action is as follows:
• If staff is directed to pursue project funding through the creation of an overlay district. Staff recommends the appropriation of $40,000 from the General Fund Reserves to fund the cost of the Proposition 218 proceedings, which includes such things as preparation of an Engineer’s report, notices and balloting, and the associated staff time needed to manage the process.
• If the ballot measure is successful with the same boundaries as the current LMD 43 boundaries, installment payments will be unnecessary from the current LMD 43 and will not be required to be assessed within the current district. This may mean that the total combined assessments levied on property owners within LMD 43 and the 336
proposed overlay district would likely be an overall increase of less than the $200 to $300 annual amount that was originally estimated by staff.
• If the balloting is successful, City Council will be approached at a later date to approve a fund advance from the General Fund to initiate construction of the project.

For Finance Use Only: General Fund (Org.1013801, Object 53200)

COMMITTEE OUTCOME
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.

Prepared by: Steve Howlett, Assistant Public Works Director, Anthony Miller, Special Districts Manager

ATTACHMENTS

1. Oxnard Overlay Initiating Resolution

2. City of Oxnard Special Districts List

3. City of Oxnard Special Districts Map

4. F-7 LMD Policy

5. Presentation
337

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,

INITIATING PROCEEDINGS TO ESTABLISH LANDSCAPE MAINTENANCE DISTRICT NO. 43A (GREENBELT LIGHTING OVERLAY) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972.

WHEREAS, the public walkway lighting in Landscape Maintenance District No. 43 (Greenbelt) (the “Existing District”) requires replacement; and
WHEREAS, the Greenbelt LMD 43 Lighting Replacement Project (the “Project”) is an identified project included in the City’s 2025-2029 Capital Improvement Program; and WHEREAS, the Existing District has insufficient resources to fund the Project; and WHEREAS, the City Council, desires to establish an overlay assessment district to fund the Project (the “Overlay District”) pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code §22500 et seq.) (the “Act”); and
WHEREAS, the preparation of an Engineer’s Report is the first step to establish the Overlay District.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. Proposal. The City Council proposes to establish the Overlay District pursuant to the Act.

2. Distinctive Designation. The Distinctive designation for the Overlay District shall be “Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay).

3. Improvements. The improvements are generally described as public walkway lighting within the Overlay District including but not limited to; light poles, luminaries, ballasts, lamps, fixtures, wiring, conduit, anchors, foundations, switching equipment and appurtenances thereto located along the greenbelt walkways between Williams Drive, Graves Ave, and Wankel Way.

4. District Location. The District shall generally be the same as those of the Existing District, and can generally be described as being bounded by Williams Dr, Wankel Way, Graves Ave, Pajaro St, and Posada Dr. For reference, a map of the boundaries of the Existing District is attached hereto as “Attachment A” and incorporated herein.

5. Direction to Prepare Engineer’s Report. NBS, as assessment engineer, is hereby directed to prepare and file with the City Clerk a Report for the Overlay District 338
Resolution No.

Resolution Initiating Proceedings to Establish Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay)

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that meets the requirements of Section 22565 et seq. of the Act and Article XIII D of the California Constitution.

6. Relationship to Existing District. The intent of the Council is that if the Overlay District is established, the Existing District shall continue to levy its assessments and to fund authorized improvements, including public walkway lighting. The Overlay District will provide supplemental funding to install the Project and will not fund maintenance, servicing and operations of the Project, as those will be funded through the Existing District.

7. Advance and Installments. The City Council anticipates that the cost of the Project will be greater than can be conveniently raised from a single annual assessment and therefore anticipates that it will be raised by an assessment levied and collected in annual installments over a period of years. The City Council anticipates that it will (i) provide for a temporary advance to the improvement fund of the Overlay District to pay all or part of the cost of the Project and (ii) direct that the advance be repaid from the annual installments.

8. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

9. Effective Date. This Resolution shall be effective immediately upon adoption.

10. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution. //
//
//
//
//
PASSED, APPROVED AND ADOPTED on this ____ day of January, 2026 by the following vote:
339
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Resolution Initiating Proceedings to Establish Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay)

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AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Luis A. Mc Arthur, Mayor
ATTEST:
_____________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
_____________________________________
Stephen M. Fischer, City Attorney

340
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Exhibit A
341
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
342
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 49 54
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
343

CITY OF OXNARD

ADMINISTRATIVE MANUAL
SUBJECT: Maintenance and Funding Policy for ITEM
Landscape Maintenance Districts NUMBER PAGE
EFFECTIVE DATE: July 2025 F-7 1 of 11

PURPOSE
The purpose of this policy is to provide the City, City staff, the residents of the City, and the owners and developers of properties located within the City, with guidance regarding the City’s use of landscape maintenance districts to fund maintenance and other ongoing services. This policy governs the manner in which the City will administer landscape maintenance districts formed under the Landscape and Lighting Act of 1972. The principles that underly this policy are the protection of the public interest, creating consistency throughout the City in how landscape maintenance districts are used and administered, and protecting the City’s financial position. This policy does not apply to districts in connection with which bonds or other financing instruments have been (or will be) sold to outside investors. This policy is not intended to override any requirement imposed upon the City by the state constitution or applicable state law.

DEFINITIONS
Affected Property Owners:

The owners of parcels of real property that will be assessed or taxed in connection with a Landscape Maintenance District.

Annual Inflation Adjustment:

An annual adjustment, based on a clearly defined formula, to the maximum rate of the Required Payment. The formula for an Annual Inflation Adjustment must be approved at an assessment ballot proceeding along with the initial (or revised) maximum rate for the Required Payment.

The annual implementation of an approved Annual Inflation Adjustment is not an increase to the Required Payment.

Capital Improvement Plan (Program):

The City’s Capital Improvement Plan is an annually updated document which may contain specific projects funded via district levies. The plan may restate projects which are already identified within the Engineer’s Reports adopted by the City.

General Benefit Contribution: A contribution made from the General Fund or other available funds of the City that funds the costs of “general benefits” that cannot be funded through an assessment. The general benefits are calculated annually in a third-party Engineer’s Report for each such Landscape Maintenance District.
344

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General Fund Subsidy:

Contributions, other than General Benefit Contributions, of funds from the City’s General Fund to defray expenses that would otherwise be assessable to a Landscape Maintenance District under this policy. General Fund Subsidies are not a regularly anticipated source of revenue for any Landscape Maintenance District except where set forth in the Governing Documents for the Landscape Maintenance District
Governing Document:

Any resolutions or ordinances adopted by the City Council to establish or otherwise govern a Landscape Maintenance District.

Proposition 218:

Articles XIIIC and XIIID of the California Constitution. Proposition 218, along with applicable state law, generally requires that new, extended, or increased assessments against real property be subject to mail-ballot proceedings.

Required Payment:

An assessment against real property or a special tax that is levied and collected in connection with a Landscape Maintenance District.

Reserves:

Reserve Funds consist of the following types;
Assigned Reserves - The sum of the Operating Reserves and Project Reserves.

Operating Reserves - The operating reserve consists of funds that are carried over from the prior year to fund estimated costs that will be incurred prior to collection of the 1 st
installation of property taxes for the fiscal year, or the date the City expects to receive its apportionment of parcel charges from the county, whichever is later. Operating reserves shall be calculated in accordance with the provisions in Section IV. Funding.

Project Reserves - Project reserves consist of funds collected in installments pursuant to Streets & Highways Code Section 22660 that have not yet been expended. Projects for which installments will be collected, as well as the complete estimated cost of such projects, shall be identified in a resolution of the City Council, which resolution shall also set forth the number of annual installments and the fiscal years during which they are to be collected, and fix or determine the maximum amount of each annual installment. Such information may be incorporated into the resolution as part of an Engineer’s Report, the City Capital Improvement Plan or other enactment of the City Council. 345

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Landscape Maintenance Districts NUMBER PAGE
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Significant Interest:
“Significant Interest” is an expression of a level of interest amongst Affected Property Owners that makes it likely that such Affected Property Owners would approve, in an assessment ballot proceeding or special election, a new or increased rate for their Required Payments. When surveys of Affected Property Owners within an assessment district are performed, results in favor of performing a ballot proceeding must be at least two-thirds (66% +1) of the survey responses to establish Significant Interest. If more than one owner of a single parcel responds to the survey, “responses” of all owners of a parcel shall count as a single response.

Landscape Maintenance District:

A district formed by the City under the Landscaping & Lighting Act of 1972 to levy an assessment within a defined portion of the territory of the City to fund the maintenance of improvements that has been named and numbered as a Landscape Maintenance District.

POLICY
I. PURPOSE OF LANDSCAPE MAINTENANCE DISTRICTS
Landscape Maintenance Districts provide a mechanism for funding costs associated with the maintenance, operation, and preservation of landscaping and other specified types of public improvements within a geographic area. Subject to the Governing Documents of each Landscape Maintenance District, the following are general goals of the Landscape Maintenance District program for the selection of services and plantings to be provided in each Landscape Maintenance District (the level of service):

A. Enhancing the aesthetic quality of the service area and providing continuity of character throughout the City;
B. Preserving and extending the life of existing landscapes, urban forests, hardscapes, sidewalks, streets, stormwater drainage systems, and fences, and providing any other maintenance services as authorized by the governing documents of each maintenance district; C. Maintaining improvements in a manner that is not inconsistent with the goals of flood protection, water protection, air cleaning, noise minimization, slope stabilization, creating wind barriers, promoting proper drainage, and providing natural coolant; and D. Keeping the costs for each Landscape Maintenance District at a level that does not 346

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SUBJECT: Maintenance and Funding Policy for ITEM
Landscape Maintenance Districts NUMBER PAGE
EFFECTIVE DATE: July 2025 F-7 4 of 11
exceed the revenues generated by that Landscape Maintenance District plus the other funds directly appropriated or otherwise available to that Landscape Maintenance District.

II. TYPES OF SERVICES PROVIDED
Subject to the Governing Documents of each Landscape Maintenance District, the availability of funds, and any limitations imposed by state law, the following may be funded by a Landscape Maintenance District:

A. Routine maintenance services, which may be performed by City staff or contracted labor and may include (but are not limited to):
(i) mowing, edging, trimming, and fertilizing turf;
(ii) maintaining and replacement of the general landscape such as ground cover and shrubs;
(iii) maintaining and pruning trees;
(iv) removing litter and debris;
(v) general pest and vector control services including but not limited to weeds, insects, vertebrate pests, and diseases;
(vi) maintaining irrigation systems;
(vii) routine maintenance, repairs, and replacement of sidewalks, streets, flood control, and drainage systems;
(vii) maintaining other improvements specified in the Governing Documents that are located in or adjacent to sidewalks, streets, and waterways such as parking areas seating, ornamental installations, landmarks and monumental signs, and fences.

B. Maintenance, operation and servicing of lighting, pumps, backflows, electrical components, or other appurtenances (including the provision of electricity).

C. Installation of replacements for authorized improvements; D. Capital Improvement Projects as identified as a part of a district’s improvements; E. Enhancements to any authorized service and improvement to satisfy environmental or regulatory requirements, community requests, and/or maintain compliance with any Specific Plan within which a District may be included.

F. Costs associated with contract procurement, City staff oversight of maintenance 347

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contractors, contract management; annual special tax/assessment reporting; customer service; G. Indirect costs (e.g., insurance, computer and telecommunication expenses, accounting staff, human resource support, etc.) associated with any of the above.

Because Landscape Maintenance Districts exist for the convenience and special benefit of local property owners, it is the policy of the City that, to the maximum extent legally possible, the costs set forth in (A) through (G) that are associated with a Landscape Maintenance District and its activities shall be funded by the Landscape Maintenance District, rather than from the general resources of the City.

III. FREQUENCY AND MANNER OF SERVICE
A. Maintenance frequency and the manner in which District improvements and assets are maintained shall be determined by each District’s ability to fund those costs.

B. To provide services at the most competitive rates possible, staff will use all available procurement methods relevant to the size, scope, and nature of those maintenance activities.

C. The City will seek to maintain improvements in each district in a manner that keeps them as similar to their original character as possible, within the constraints of funding availability, changes to the boundaries of the Landscape Maintenance District, changes to the physical condition of the improvements or the surrounding territory, State and local legal requirements and legislation, and material availability.

D. The manner and frequency of service of District improvements may be altered to address unexpected changes in funding availability as a result of, changes in service costs due to changes in contracted service providers, physical changes to the District boundaries and/or landscape, state and local requirements and legislation, emergencies which require work to address imminent threats to the health and safety of the public, material availability or other factors.

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

However, Service Levels do not indicate the total number of times a district will be visited for various services within a year. Maintenance activities, inspections, individual service requests, projects, and other tasks that occur at irregular or less than annual intervals, will be performed on an as-needed basis, provided sufficient district funds and labor resources are available. 348

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Service Levels for landscape maintenance will be generally defined as follows:

Level 1 – Intensive services - scheduled services provided more frequently than weekly Level 2 – 52 service visits annually - weekly scheduled service Level 3 – 26 Visits annually - every other week scheduled service Level 4 – 12 Visits annually - once a month scheduled service Level 5 – 6 Visits annually - once every other month scheduled service Level 6 – 4 Visits annually - once a quarter scheduled service IV. FUNDING
A. It is the intention of the City of Oxnard to ensure that its Landscape Maintenance Districts operate sustainably and independently of other City funds (such as the General Fund).

Districts should be self-sufficient to the extent possible and should not be designed to require long-term financial support from other City funds.

B. Property owners within Landscape Maintenance Districts shall fund the ongoing maintenance through Required Payments collected on their property tax bill. To the extent allowed by state law, a Required Payment may also be collected prior to the installation of improvements to support the creation of district reserve funds so long as these funds are properly identified in a resolution or other documentation required by state law. Any required payment shall be levied in accordance with applicable law, including, but not limited to, Proposition 218.

Required Payments that cannot be or are not collected on the property tax roll may be collected by any other means legally available to the City.

C. Districts that are able to fund all budgeted expenses, Operating Reserves, and any Project Reserves, through any combination of their assessments or existing fund balances shall be classified as Fully Funded.

D. Districts that are found to be unable to fund all budgeted expenses and Assigned Reserves within a fiscal year shall be classified as Underfunded.

E. Districts that are unable to fund all budgeted expenses at a minimal service level, their calculated Assigned Reserves and are found to have a projected negative cash balance position within a fiscal year shall be classified as Deficient.

F. For Fully Funded districts: in order to ensure that Landscape Maintenance Districts 349

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maintain appropriate reserve levels, City staff shall ensure through the assessment process that these Landscape Maintenance Districts maintain Operating Reserves no less than 16.6% and no more than the maximum amount of Operating Reserves allowed under Streets and Highways Code Section 22569(a) (excluding expenses funded with “Project Reserves” per the Streets and Highways Code and at the time of the writing of this policy the Operating Reserve maximum amount was calculated at 47.4% of total operating expenses.) G. For Underfunded or Deficient districts: City staff shall endeavor to ensure that each Landscape Maintenance District maintains Operating Reserves no less than 16.6% and no more than the maximum amount of Operating Reserves allowed under Streets and Highways Code Section 22569(a) (excluding expenses funded with “Project Reserves” per the Streets and Highways Code and at the time of the writing of this policy the Operating Reserve maximum amount was calculated at 47.4% of total operating expenses.) H. Aside from General Benefit Contributions, routine and temporary transfers/allowance of negative balances for cash flow purposes, and contributions for the payment of utilities above and beyond specific utility maximums as defined within a district’s Governing Documents, General Fund Subsidies should be avoided whenever possible. The City shall endeavor to avoid the general subsidy of any Landscape Maintenance District from any City funding source that has not been specifically set aside for such purpose by the City Council. Any exception to this policy must be set forth in a resolution of the City Council and shall follow the process established within SHC Section 22657 in which the City Council may 1) authorize a contribution to the LMD or 2) authorize a temporary advance and direct that the advance be repaid from the following year assessment.

I. In the event that the projected end of year fund balance of a Landscape Maintenance District shows a deficit within a specific fiscal year, the reduction of services and the levy and collection of the Required Payment at the maximum legally allowable rate shall be prioritized before the City Council is asked to approve a General Fund Subsidy. In the event that a negative fund balance is still anticipated within a district after these actions are taken, the City Council may approve a loan to the District in question as described above, to be repaid from the following year assessment.

J. In the event that a district’s utility expenses are projected to exceed the maximum amount able to be charged as governed by that district’s Governing Documents, the City Council may choose during the annual budget process to fund the expected subsidy amount via a transfer from any fund it chooses.
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K. Levy credits (where reserves are used to offset the required levy amount for the upcoming fiscal year), shall only be available to districts which are not classified as Underfunded or Deficient.

L. Each year the City will evaluate the total anticipated costs of providing the services for the upcoming fiscal year. This evaluation will take projected increases in costs as well as cost savings into consideration. Examples of these costs may include, but shall not be limited to, routine maintenance contracts, equipment repair (e.g., electric pedestals, irrigation pumps, etc.), irrigation parts and controllers, weed abatement, tree pruning, radios and electronic devices, water, electricity, fertilizer, vehicles and vehicle maintenance, other administrative costs to operate the district, and funding Assigned Reserves. An annual budget shall be developed using these costs. Subject to the requirements of the applicable Governing Documents and applicable state law, the total costs shall be divided among the parcels in each area proportionally.

M. Where the cost to provide the services and fund the operating reserves is less than the amount that can be raised by the application of the maximum rate, the available capacity may be applied to establish or reestablish Assigned Reserves, increase the service levels (for routine and additional work services), provide one-time professional services or infrastructure re-investments, or any combination thereof.

N. Where the cost to provide services exceeds the applied and/or maximum rate, reserves may be used to fund the shortfall or services may be reduced so that costs do not exceed the maximum rate, except for in a Landscape Maintenance District that is Underfunded or Deficient.

If a district is Underfunded or Deficient, then the following methods, in the following specific order of preference, may be taken to bridge the shortfall:
(i) Use Reserves;
(ii) Notify the Affected Property Owners that an increase of maximum assessment rates may be necessary;
(iii) Reduce expenses and services specific to the district in question such that the maximum assessment can support all expenses of the district, (expenses shared by all districts shall not be considered an appropriate source of reductions); (iv) Apply a maximum levy;
(v) Eliminate maintenance services;
(vi) Remove maintenance responsibility of specified improvements from the district by either eliminating district funding or City Council action identifying the areas 351

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removed from district responsibility; or
(vii) Other City Council direction which may supersede any item listed above.

V. SURVEY AND BALLOTING
A.INCREASING MAXIMUM RATE
In the event that a Landscape Maintenance District is projected to be underfunded or deficient within the next fiscal year, the most appropriate approach to bring that Landscape Maintenance District into balance may be to seek to increase the maximum assessment rate for that Landscape Maintenance District. Pursuant to state law, any increase to the maximum assessment rate (aside from the implementation of an existing annual CPI adjustment, which is not an “increase” for this purpose) must successfully complete a Proposition 218 ballot proceeding.

Due to the expense to the expense of conducting a Proposition 218 ballot proceeding, it is the policy of the City that, before a ballot proceeding is conducted, the affected property owners must first complete an informal survey process to establish property owner interest in the increase.

B. SURVEY
The purpose of the survey is to establish that there is a Significant Interest (66% + 1 of the survey responses) in an increase. The following procedure shall be followed:
a. Staff will initiate contact with owners of property within the district with a written letter or other notification regarding the maintenance and servicing of improvements. b. The community may request a meeting, develop a written survey instrument (with the assistance and approval of City staff), and identify a lead petitioner from within the district to conduct the survey regarding the maintenance and servicing of improvements. The cost of any materials necessary to conduct the survey will be borne solely by the community.
c. If no lead petitioner is identified and no further interest in a survey is conveyed to staff, no survey will be pursued, staff will not pursue an increase to the maximum rate, and the following will occur:
▪ Elimination or reduction of specific maintenance services; or 352

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▪ Removal of improvements or expenses via City Council direction. d. If a lead petitioner is identified, affected property owners within the district will be surveyed by the Lead Petitioner, the results of which will be submitted to City staff no more than 30 days from the date the survey is opened.
e. After the survey is closed, staff will validate signatures of the affected property owners and determine if the results indicate the establishment of Significant Interest.

If Significant Interest is not established, no ballot proceeding will be pursued, staff will not seek an increase to the maximum rate, and expenses shall be reduced as indicated above.

C. PROPOSITION 218 BALLOT PROCEEDING
If Significant Interest is established, the City Council will initiate Proposition 218 ballot proceedings for the affected district.

Any Proposition 218 ballot proceeding will be conducted in compliance with the then-current requirements of Article XIII D, Sec. 6 of the California Constitution, Section 53753 of the California Government Code, and other applicable state law. As a general summary of these requirements, at the time this policy was written;
a. The City Council, at its discretion, will cause an Engineer’s Report to be prepared to support a proposed increase to the maximum assessment rate and adopt a Resolution of Intention calling for a public hearing on the proposed increase to the maximum assessment rate and for a mail balloting.
b. At least 45 days prior to the public hearing, staff will mail a notice, assessment ballot, and ballot return envelope to property owners.
c. The notice will include the proposed maximum assessment rate (and any proposed annual inflation adjustment formula), the total amount proposed to be charged to the entire district, the amount chargeable to the owner's particular parcel, the fact that annual payments are expected to be required without sunset, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of the public hearing. Some of this information may be instead included on the ballot itself, which is incorporated into the notice. The ballot and notice will also describe how to complete and return the ballot and a disclosure statement that the existence of a majority protest will result in the maximum assessment rate not being increased.
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d. Ballots will be accepted by the City Clerk (via mail and hand-delivery) up until the close of the public comment portion of the public hearing. e. The City Council will not approve the increased maximum assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property (so, for example, a parcel with a $200 annual maximum assessment will have twice as much weight as a parcel with a $100 annual maximum assessment). f. As part of the Resolution of Intention, the City Council may adopt specific rules for the completion, return and tabulation of ballots that comply with then-current law.

D. CONSEQUENCES OF BALLOT PROCEEDINGS
a. If the ballot proceeding fails and assessments are not changed, the City will assume the cost of conducting the proceedings and reductions in maintenance or removal of improvements from the district will be initiated.
b. If balloting fails in any fiscal year, the City will not fund further Proposition 218 ballot proceedings until at least one fiscal year passes since the close of the previous failed ballot, unless otherwise directed by City Council. c. If the ballot proceeding succeeds, the assessment will be changed to the identified rate and the total cost of the proceeding will be borne by the district, to be repaid from the following year’s assessment or future assessments as identified in the Prop 218 ballot. 354
Initiation of Proceedings to Establish
Landscape Main tenance District 43A
(Greenbelt Lighting Overlay) and Appropriation
From General Reserve to Fund Proceedings
City Council
January 20, 2026
Anthony Miller
Special Districts Manager
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The City Council:

1. Approve and authorize an appropriation of $40,000 from the General Fund Reserve to pay expenses (including expenses of conducting a Proposition 218 property owner mail ballot proceeding) associated with establishing a new overlay
assessment district, with the same boundaries as LMD 43, to fund the Greenbelt Lighting Replacement Project C2407; and

2. Approve and authorize the Mayor to approve a resolution initiating proceedings to establish Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay).

RECOMMENDATION 2
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MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD 3
More information can be
found at:
www.oxnard.gov/public-works/
special-districts
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• Landscape Maintenance Districts (“LMDs”) are established pursuant to the provisions of the California Streets and Highways Code Sections 22500 through 22679.
• LMD 43 was formed in 2003 to fund expenses associated with the trees, shrubs, turf, sidewalks, walkway lighting, park benches, trash containers, overhead structures, screen walls (fencing), and ground cover in the area bounded by Williams Dr, Wankel Way, Graves Ave, Pajaro St, and Posada Dr.
• The City’s Capital Improvement Plan has identified a need to replace the themed walkway lighting in the District.
• (Project No. C2407 – Greenbelt LMD 43 Lighting
Replacement Project SD 25-142 - CIP 2025-2029 - Adopted June 4, 2024 – Page 76).

BACKGROUND 4
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• The existing lights have reached the end of their useful life and, in most instances, are damaged beyond routine repair.
• The Project scope consists of the removal of existing anchorages, foundations, and wiring for the purpose of installing taller, vandal-resistant, and energy-efficient light standards within the walking path areas of LMD 43.
• The City had intended to fund this project with approximately $150,000 in funds generated by the existing LMD 43 assessment ($35,000 from FY 2024-25 and $115,000 from FY 2025-26).

Approximately $17,347 of this has already been spent on engineering and design.

BACKGROUND 5
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• A bid for the project was published on August 28, 2025 and the city received six bids.
• Venco Electric, Inc.: $599,900
• Smith Mechanical-Electrical-Plumbing: $615,425
• Power Design Electric, Inc.: $744,432
• Sfadia Inc. Dba Green Energy Innovations: $748,000
• Bear Electrical Solutions, Inc.: $887,500
• Taft Electric Company: $1,003,600
• The lowest bid was considered responsive. If awarded, Staff would typically recommend the City Council authorize an additional $119,980 for the Project.
• $59,990 for project contingency (10% of the contract costs) • $59,990 for the cost for engineering services and City staff (10% of the contract cost).

BACKGROUND 6
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• These recommendations would bring the total estimated cost of the Project to $719,880.
• This is far in excess of the approximately $150,000 that are currently available from LMD 43.
• Even if an advance were made from the General Fund to cover the difference, it would not be realistic for LMD 43 to repay such an advance from its existing flow of assessment revenues. • Due to the expected cost of the lowest bid, staff reached out to LMD 43 residents to receive feedback on various funding options.

BACKGROUND 7
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• Residents confirmed their desire to fund the Project, however due to the technical nature of funding CIP projects in LMDs, this requires further City Council direction.
• Bids received expired on December 29th, 2025 and the Project will need to be re-solicited.

BACKGROUND 8
362
• LMD 43 does not have an assessment sufficient to fund the Project.
• This leaves the City with three options to fund the Project:
i. advance money from the General Fund to pay for the Project and repay that advance from the annual levies of a new
“overlay” assessment that would be levied within the territory of the District;
ii. create a new overlay assessment that would accumulate funds from an additional assessment until it has sufficient funds to pay for the Project;
iii. fund the Project largely from the General Fund.

DISCUSSION 9
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• The City Council approved Maintenance and Finance Policy for Landscape Maintenance Districts (“LMD Policy”) provides direction to staff regarding “underfunded” LMDs.
• LMD 43 is not underfunded because revenues meet its current expenditure and reserve needs.
• Staff does not recommend balloting for increasing the rate of the existing LMD 43 assessment, because additional funds are needed only for the Project.
• However, due to the unexpectedly large costs of the Project, there will not be sufficient assessment revenues from LMD 43 property owners to fund the Project. Thus, staff is recommending City Council consider the creation of an “overlay” assessment.

DISCUSSION 10
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• To levy an overlay assessment, the City needs to create an overlay district, which would be an additional district created with the same boundaries as LMD 43 to raise funds specifically for the Project.
• The overlay district will exist only for the period necessary to raise those funds.
• Staff recommends initiating a ballot process by following item N. (vii) as though this district were considered an underfunded district under the LMD Policy.

DISCUSSION 11
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• Staff recommends this approach due to the following reasons • Staff has received clear indication of the community’s desire to move forward with this project through outreach and
consistent 311 reporting;
• Maintenance expenses have been reduced within this district to provide funds for this project;
• A max levy has been applied within the district, and; • Certain maintenance services (such as landscape fertilization) were eliminated to further reduce expenses in the effort to fund this project.
• None of the above items have been successful in generating the funds necessary to fully fund the project.

DISCUSSION 12
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• Because LMD 43 itself is not underfunded, staff recommends that the City Council initiate proceedings to form an overlay district to be designated “Landscape Maintenance District No. 43A (Greenbelt Lighting Overlay).”
• The first step in this process is to adopt a “Resolution Initiating Proceedings.”
• This resolution orders the preparation of an Engineer’s Report for the proposed overlay district.
• That report, plus the cost of Proposition 218 balloting, is expected to cost approximately $32,500 plus expenses to prepare.

DISCUSSION 13
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• Report preparation must initially be funded from the General Fund, but the Overlay District will be expected to reimburse the General Fund for that cost, consistent with the LMD Policy, if the district is approved.
• While the Engineers’ Report is being prepared, staff would also re-solicit bids for the Project in order to provide an estimate to be used to calculate the proposed assessment rate, then the following actions would occur:
i. Staff would come back to the City Council for approval of the Engineers’ Report and to consider a Resolution of Intention to create the Overlay District;
ii. The Resolution of Intention would set a date and time for a public hearing; iii. Staff would conduct a Proposition 218 mail-ballot proceeding; iv. If the district is approved, staff would return to the City Council to approve a fund advance from the General Fund to initiate construction of the project
DISCUSSION 14
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• The financial impact for the recommended action is as follows:
• If staff is directed to pursue project funding through the creation of an overlay district. Staff recommends the appropriation of $40,000 from the General Fund Reserves to fund the cost of the
Proposition 218 proceedings and associated staff time.
• If the ballot measure is successful with the same boundaries as the current LMD 43 boundaries, installment payments will be unnecessary from the current LMD 43. This means the combined assessments between both districts may be less than the additional $200 to $300 annual amount originally estimated by staff.
• If the balloting is successful, City Council will be approached at a later date to approve a fund advance from the General Fund to initiate construction of the project.

FINANCIAL IMPACT 15
369
Comparison of Paseos 16
LMD 43 Greenbelt Bluebell Paseo
370

QUESTIONS
17 371

Oxnard City CouncilJanuary 20, 2026

Oxnard City Council
January 20, 2026