2026 08 06 Specific Mitigation Liability
CITY CLERK OXNARD
AUG 10 '26 PX1:24
When the city is the lead agency of a specific plan, to what extent is the city liable for the completion of the mitigation of a specific plan both legally and financially? How is the financial short fall in completing the mitigations of a specific plan reference on the balance sheet and other financial documents?
Larry Stein
Oxnard potential Unfunded Liabilities
Oxnard City Council make commitments that affect future staff and future city council commitments. Examples include specific plans and park master plans. Funds are collected by the city including bonds, developer fees and outside contributions. City Staff fails to complete the commitments several years after city council made those commitments. Some of those commitments include failing to complete the ASR wells from the 2010 Water Bonds, failing to complete the Northeast Community Specific Plan after receiving the developer's fees, funding the sea wall repairs after a prior city council member committed the city to half the sea wall repairs when the land owners fund the other half.
Within the City of Oxnard, is the Channel Island Harbor residential properties. These properties consist of linear miles of sea walls. These sea walls are over 50 years old. These sea walls are showing signs of failing. The late Carmen Ramirez, as a city council member, obligated to city to pay for half of the cost of the sea walls if the owners of the land pay for the other half. The city currently does not have the funds to repair all the sea walls, but the city is starting to repair the sea walls. What is the city's legal and financial liability in fixing the sea walls?
2010 water bonds were approved by city council to build the infrastructure for the recycled water program to be the backbone of the city water system. The infrastructure to build the facility to make water 99% pure was completed in 2012. The infrastructure was to include the construction of ASR (Advance Storage and Recovery) wells, The money was spent on an auditorium that was not on the plan, the wells were not built. The city spent 3 years negotiating with the Pleasant Valley Water District prior to the approval of the 2010 water bonds. One of the conditions was the farmers were to get a lower priority than the customers of the Water Fund. The users of the Water Fund can only get the water after the recycled water is stored and drawn out after a number of months. No wells, no water: the current users of the potable water cannot have access to the non-potable (recycled) water. The city pays over $24,000,000 per year to import water. If the wells were built, the cost of water will drop be more than $15,000,000 per year. The users of potable water are subsidizing non potable (recycled) water users by more than $10,000,000 per year. What is the city's legal and financial liability in completing the infrastructure so the recycled water program will be the backbone of the city's water supply? Note that the Urban Water Master Plan adopted by city council circa 2022 calls for the generation of annually production of 14,000 acre feet of recycled water, but not a drop of recycled water has been blended into the city's water system since the recycled water generation went online in 2012.
The Northeast Community Specific Plan was approved by city council circa 1992. The specific plan included a fire station that was to be built at 50% build out. 50%+ build out occurred in 2003. 100% build out occurred circa 2010. A 10-year fire department strategic plan was presented to city council in 2005 to include Fire Station 8, Fire Station 9 and Fire Station 10. Fire Station 9 was going to be built on land the East of Rice Avenue, North of Gonzales Road. Fire Station 8 was built on the site of the former Rainbow House site at College Park. Fire Station 10 was to be built on the site of the Teal Club Specific Plan, but the plan to build Fire Station 10 was cancelled when city council approved the Teal Club Specific Plan circa 2023. Developers paid the developments fees charged by the city that were to pay for Station 9, but Fire Station was not built even at 100% build out. City Council Oxnard potential Unfunded Liabilities
approved the recommendation in 2018 that a fire station was not needed since the homes built had upgraded safety standards, despite the fact that fees were paid to build Fire Station 9 In the same specific plan, a 20-acre park, (now 25 acres) was to have been built. The land is vacant (Sports Park) after 30+ years. There have been at least 3 Park Master Plans approved by Public Works and City Council. Funds were collected from developers for the park, but the park has not been built. What is the city's legal and financial responsibility to complete the Northeast Community Specific Plan?
The above is what I would consider to be unfunded liabilities, obligations the city council approved, but lack funding for.
Larry Stein
Oxnard, CA 93033