Port Hueneme City Council
July 1, 2024

FISCAL IMPACT:

The action, if taken as recommended, will have a fiscal impact of $52,750 for FY 2024-

25. Plant Operations budget (302-561-5521-) includes $230,000 for the purchase of chemicals.

ATTACHMENTS:

A. King Lee Technologies Extension and Pricing Guarantee B. King Lee Technologies Agreement (July 1, 2022)
Agenda Item No. 07 Page 2 of 33 CC Agenda 07-01-2024

ATTACHMENT A
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King Lee
Technologies
Agreement For
Purchase OF Chemical
THIS AGBEEMENT FOR PURCHASE OF CHEMICALS (hereinafter referred to as "Agreement") is made and entered into th¡s ì4 day of July 2022,by and between King Lee Technologies (hereinafter referred to as "supplier") and port Hueneme Water Agency.

Agreement
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1'. Agreement Duration. This Agreement shall commence on July 0L,2022, and shall be in effect up to and including June 30, 2023, and will include option to extend the term for up to four additional one-year terms.

2. Extension of Term / Renewal Pricing. After completion of the initialterm of the Agreement, at Port Hueneme Water Agency's option, the Agreement may be extended at the original, fixed unit price set fourth in Exhibit u A.'

3. King Lee Technologies will deliver goods within 4 business days of order placement by Port Hueneme Water Agency.

4. Business Hours. King Lee Technologies are M - F from 7AM to 4pM

5. Chemical Delivery. Deliveries are made by Brenntag Distribution Company and include all applicable adapters / connectors and hoses to complete chemical delivery.

6. Minimum Standards. Goods delivered shall meet or exceed all of the current ANS| / AWWA minimum standards.

7. NSF Certification. All goods delivered meet NSF 60 certification. "NSF" will be stamped directly on the delivery paperwork.

8. Certificate of Analysis. A certificate of analysis will come with each load before the Goods are unloaded

9. Samples. Delivery vehicles shall be equipped to safely provide samples of Goods, before off-loading.

10. Weight-Master's Certificate. A weight-master's certificate shall show the weight of the materials delivered 1L. MSDS / SDS. Under this Agreement, a manufacturer's Safety Data Sheet (SDS) shall be included with each delivery of the Goods.

1.2. Location. Deliveries shall be made to:

Port Hueneme Water Agency
5751 Perkins Road
Oxnard, C4.93031
King lee Technologles 8949 Kenomor Drive Bl.
.l07 Son Diego, CA 92121 USA Ph 858.ó93.40ó2 Fx 858-ó93-4?l Z www.klngleelech.com

ATTACHMENT B
Agenda Item No. 07 Page 21 of 33 CC Agenda 07-01-2024
K¡Ng Lee
Techno logies
L3. lnspection. A representative of the Port Hueneme Water Agency may examine Supplier's inventory and production facilities at any time during the life of this Agreement.

14. Personal Protective Equipment (PPE). Supplier shall wear appropriate PPE when taking samples and offloading product.

15. Emergency Spill Plan. ln the event of accidents or spills on City property, Supplier shall follow the procedures of its Emergency Spill Plan, attached hereto and incorporated by reference herein as Exhibit "B." 1"6. Safety and Compliance with the Law. Supplier and Goods comply with all applicable laws and regulations of the federal, state and localgovernment includingCal /OSHA requirements in the United States, air pollution control laws and regulations and all relevant U.S. Department of Transportation or Department of Homeland Security regulations pertaining to transportation of hazardous waste substances and / or materials, as those regulations may be amended from time to time and / or incorporated into state or local laws, regulations and ordinances.

17. lnsurance. Supplier shall maintain all applicable insurance required to carry of fulfillment of this Agreement All insurance certificates and endorsements required are attached hereto as Exhibit "C."

18. Notice. Any notice required under this Agreement shall be provided as follows King Lee Technologies
8949 Kenamar Drive, Suite 1-07
San Diego, CA.9212L
Atten: Rick May
City of Port Hueneme Water Agency
250 N. Ventura Rd.

Port Hueneme, CA.9304L
Atten: Evelia Hernandez
19, lndependent Transactions. Each delivery of goods shall constitute a separate and independent transaction and Supplier may recover for each such delivery of goods without any reference to any other. Supplier may decline to make further deliveries under this Agreement before payment of any amounts past due or satisfactory security for such payment is received.

20. Taxes. Any applicable taxes are already included in the pricing set fourth in Exhibit "4.",

21. Force Majeure. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected, including but not limited to, acts of God acts of terrorism, fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law, order, rule or regulation of government agency or authority, or inability to obtain material (including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the Agreement quantity shall be reduced by the quantities so Klng lee Technologies Bg49 Kenomor Drive Bl. I 0/ Scn Diego, CA 921 2l USA Ph 858.ó93.40ó2 Fx B5B-ó93-491 7 www.klngleelech.com Agenda Item No. 07 Page 22 of 33 CC Agenda 07-01-2024
King Lee
Technologies
omitted, During any period in which Supplier shall be unable to supply the demands for any Good provided for in this Agreement weather caused by circumstances specified above or otherwise, Supplier may allocate any available Good among all buyers including its own division and departments, on such basis as it may deem fair and practical.

22. Waiver. Each parties waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, at any time, shall not in any way affect, limit or waive its right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Supplier of any payment after the specified due date shall not constitute a waiver of the City's obligation to make further payments on the specified dates.

23. lntegration. This agreement represents the entire understanding of the Supplier and the City as to those matters contained herein and supersedes and cancels and prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.

24. Laws, Venue and Attorneys' Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. lf any legal action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court s¡tuated in the County of San Diego, State of California. ln the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

25. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Supplier and the City.

26. Severability. The unenforceability, invalidity or illegality of any provision(s) of th¡s Agreement shall not render the other provisions unenforceable, invalid or illegal.

27. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email or other electronic means and have the same force and effect as if they were original signatures.

King lee Technologles 8949 Kenomor Drive Bl. I 07 Son Diego, CA 921 2l USA Ph 858.ó93.40ó2 Fx 858-ó93-49 I Z www.klngleelech.com Agenda Item No. 07 Page 23 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Signature Page
AGREEMENT FOR PURCHASE OF CHEMICALS BETWEEN KING I.EE TECHNOTOGIES AND THE CITY OF PORT HUENEME

WATER AGENCY
lN WfTNÊsS WHEREOF, this Agreement is executed by the Supplier and by the City on the day and year first wratten above.

King Lee Technologies City of Hueneme
/rcfi.+eP fau..zt
By:

Title: Title: //
Signature: Signature:

Ílng lor lochnologlor 8949 Kenomor O¡ive Bl. 107 son Diego. cA 92121 usA Ph 858.ó93.40ó2 Fx 85g-ó93,49t 7 www.klnglQloch.com Agenda Item No. 07 Page 24 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Exhibit "A"
06/0912022
King Lee Technologies is pleased to provide the following pricing to the Port Hueneme Water Agency for our Pretreat Plus 0L00 antiscalant and Diamite Series liquid membrane cleaners.

Pretreat Plus 0L00 @ $f2.07 per gallon
Diamite LpH @ 51,980.00 per 55 gallon drum
Diamite HpH @ 51,760.00 per 55 gallon drum
Pricing good through June 30,2023 with (a) one years options Feel free to contact us with any questions or requests that you may have.

Best Regards,
Rick May
RegionalSales Manager
King Lee Technologies
8949 Kenamar Dr., Suite L07
San Diego, CA.9212L
M:858-342-3744
O:858-693-4062
E: rickmay@ kingleetech.com
King lee Technologies Bg49 Kenomor Drive Bl. 107 Son Diego, CA 92121 USA Ph 858.693.40ó2 Fx 858-ó93-4912 www.klngleelech.com Agenda Item No. 07 Page 25 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Exhibit "B"
Spill Prevention & Emergency Response Plan
King Lee Technologies
8949 Kenamar Dr. #107
San Diego, CA.92L2L
(8s8) 693-4062

EMERGENCY CO NTACT INFORMATION
Emergency Contact: Jason Netwig
Business Phone: 858-693-4062
Cell Phone: 6L9-577 -2306
Emergency Response Contact (s)
Chem Tel lnc.: L-888-255-3924
Fire / Paramedics / Police: 9LL
Port Hueneme Fire Department Non-Emergency Line: 805-986-6530 Safety Data Sheets (SDS): City of Port Hueneme Water Agency Pretreat Plus 0L00
Diamite LpH
Diamite HpH
Klng lee Technologles 8949 Kenqmor Drive Bl. 107 Son Diego, CA 92121 USA Ph 858.ó93.40ó2 Fx 858"ó93-4917 www.klngleelech.com Agenda Item No. 07 Page 26 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Spill Prevention:

Hazardous Substance Management: All hazardous substances, including chemical wastes, are to be managed in a way that prevents release. The following general requirements are to be followed. They include:

Container Monogement:
o All hazardous substance containers must be in good condition and compatible with materials stored within.
o All hazardous substance containers must be accessible and spacing between containers must provide sufficient access to perform periodic inspections and respond to releases. ¡ Empty hazardous substance containers (drums) must have all markers and labels removed and the container marked with the word 'empty'.
. Any spills on the exterior of the container must be cleaned immediately. . Flammable materials stored or dispensed from drums or totes must be grounded to prevent static spark.
¡ Do not overfill waste drum s. 4" of headspace must remain to allow for expansion.

Good Housekeeping:
¡ All hazardous substances must be stored inside buildings or under cover; o Store hazardous substances not used daily in cabinets, or in designated areas; o All chemicals that are transferred from larger to smaller containers must be transferred by use of a funnel or spigot.
. All hazardous substance containers should be closed while not in use; o Use drip pans or other collection devices to contain drips or leaks from dispensing containers or equipment;
¡ lmplement preventative maintenance activities to reduce the potential for release from equipment;
o lmmediately clean up and properly manage all small spills or leaks; o Periodically inspect equipment and hazardous substance storage areas to ensure leaks or spills are not occurring;
. Use signage to identify hazardous substance storage or waste collection areas; . Keep all work areas and hazardous substance storage areas clean and in good general condition Seco ndo ry Co nta i n me nt:

Store all bulk chemicals (>55 gallons) within appropriate secondary containment, or any sized chemical if there is a potential for release to the environment.

Secondary containment should be checked periodically, and any spills identified in secondary containment must be immediately cleaned up and removed. a
a
KlngleeTechnologles 8949KenomorDriveBl. ì07 SonDiego,CAg2]21 USA Ph858.ó93.40ó2 FxBSB-ó93-4912 www.klngleelech.com Agenda Item No. 07 Page 27 of 33 CC Agenda 07-01-2024
King Lee
Techno logies
Emergency Response Plan:

The Emergency Response Plan is a plan for dealing with emergencies and shall be implemented immediately whenever there is a fire, explosion, or release of a hazardous substance that threatens human health orthe environment. The emergency response plan shall be reviewed and immediately amended whenever:
¡ The plan fails in an emergency;
. The facility changes in its design, construction, operation, maintenance, or other circumstances in a way that increases the potential for fire, explosions, or release of a hazardous substance; . The list of emergency contacts change; or
o The list of emergency equipment changes.

Resoonse actions in the t of a snill or release:
ln the event of a hazardous substance spill or release, immediately take the following measures to keep the spill from entering sewer or storm drains, spreading off-site, or affecting human health. ln all cases caution and common sense must be maintained with the primary goal being to prevent and/or limit personal injury.

Stop, contain, and clean up the chemical spill if:
¡ The spilled chemical and its hazardous properties have been identified; ¡ The spill is small and easily contained;
. Responder is aware of the chemicals' hazardous waste properties, lf a spill or release cannot be controlled or injuries have occurred due to the release the following procedures should be implemented:
o Summon help or alert others of the release;
o Evacuate immediate area, and provide care to the injured - Call 91-1; ¡ lf potential fire or explosion hazards exist initiate evacuation procedures - Call 9L1; o Respond defensively to any uncontrolled spills:
-Use appropriate personal protective equipment when responding to any spill; -Attempt to shut off the source of the release (if safe to do so); -Eliminate sources of ignition (if safe to do so);
-Protect drains by use of absorbent, booms or drain covers (if safe to do so); o Notify onsite emergency contact(s);
. ltlotify other trained staff and/or {emergency response contractor} to assist with the spill response and cleanup activities;
o Coordinate response activ¡ties with local emergency personal (fire department); o Be prepared to provide SDS information to fire department, EMT, hospital or physician; Klng lee Technologles 8949 Kenomor Drive Bl. I 07 Son Diego, CA 92 ì 2l USA Ph 858.ó93.40ó2 Fx 858-ó931491 7 www.klngleelech.com Agenda Item No. 07 Page 28 of 33 CC Agenda 07-01-2024
King Lee
Technologies
. Notify appropriate agency if a release has entered the environment. Refer to Notification and Reporting section for reporting thresholds.
. Morkinglobeling:
-Ensure all hazardous substances, including chemical wastes, are properly marked and labeled in accordance with all federal, state and local regulations. -Ensure that hazardous substances transferred to small containers are marked with the chemicals name (example- "lsopropylAlcohol") and hazard (example- "Flammable").

Emplovee Training: All employees must receive periodic training on the proper handling of hazardous substances; spill prevention practices, and emergency response procedures. Training must include a review of a spill prevention and emergency response plan, and a review of location and use of emergency response equipment. Training can be recorded through safety committee meetings, staff training logs, or other equivalent record keeping.

Hazardous Substance lnventorv: An inventory must be maintained for all hazardous substance stored in quant¡ty (<55 gallons), and/or list of locations where non-bulk hazardous substances are stored (flammable lockers - shop floor).

Spill Response Equipment: Spill response equipment must be maintained and located in areas where spills are likely to occur. Spill kits should provide adequate response capabilities to manage any ant¡c¡pated spill or release. The following general requirements are to be followed: They include:
r Stock spill clean-up kits that are compatible with the hazardous substances stored on site; o Locate spill kits in the areas where spills are likely to occur (loading docks, chemicalstorage areas, locations where hazardous substance are being transferred); o Spill kits should be sized to managing an anticipated release (spill equal to the largest container); ¡ Emergency response equipment should be inspected periodically to ensure that spill kit is complete.

Evacuation Procedu res:
ln the event of a hazardous substance release that has the potential for fire, explosion or other human health hazards the following procedures will be implemented:
o Facility staff will be notified of evacuation by one or more of the following method(s): [Verbal, lntercom, Portable Radio, Alarm, Otherl.
r Notification to emergency services will be performed- Call 91L. ¡ Facility staff will follow predetermined evacuation routes and assemble at designated areas.

Evacuation maps must be displayed throughout the facility. o lndividuals responsible for coordinating evacuations must confirm if the business has been completely evacuated.
o Facility staff will be made familiar with evacuation procedures during new employee orientatio n, a nd a n nua I train i ngs thereafter.

King Lee Technologles 8949 Kenomor Drive Bl. ì 07 Son Diego, CA 921 2l USA Ph 858.ó93.40ó2 Fx 858-ó93-49 I 7 www.klngleelech.com Agenda Item No. 07 Page 29 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Designated emergency response contacts will coordinate all activities with outside emergency personnel.

Spill Cleanup and Disposal:
ln the event of a hazardous substance release spill cleanup materials are to be properly characterized to determine if it designates as a dangerous waste. The designated onsite emergency contact, with the assistance of [waste disposal vendor] and other resources will determine the waste status prior to disposal.

Reporting a Release:
lf a hazardous substance spill has been released to soil, surface water. drains or air the following notifications (within 24-hours) must be performed:
o Fire Department (any release that poses an immediate threat to human health, property or the environment):

When reporting a release prepare to provide the following information (use spill report form):
o Your name and telephone number from where you are calling; ¡ Exact address of the release or threatened release;
¡ Dat€, time, cause and type of incident (fire, air release, spill, etc.) o Material and quantity of the release, to the extent known; r Current condition of the facility;
o Extent of injuries, if any; and
¡ Possible hazards to the public health and/or environment outside of the fac¡lity a
Klng lee Technologles 8949 Kenomor Drive Bl. l0/ Son Diego, CA 92121 USA Ph 858.ó93.40ó2 Fx 858-ó93-4912 www.klngleelech.com Agenda Item No. 07 Page 30 of 33 CC Agenda 07-01-2024
King Lee
Technologies
Exhibit "C"
lnsurance Certificate and Coverages
Klng lee Technologles 8949 Kenomor Drive Bl. I 07 Son Diego, CA 921 2l USA Ph 858.ó93.40ó2 Fx 858-ó93-49 I Z www.klngleelech.com Agenda Item No. 07 Page 31 of 33 CC Agenda 07-01-2024
-- A,CORD KINGLEE.O,I

CERTIFICATE OF LIABILITY INSURANCE OATE (MM/ODTYYYY)
617t2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE tSSUtNc TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: tf the certif¡cate holder ts an ADDITIONAL INSU RED the policy(ies) must have ADDITIONA L NSURED provisions or be endorsed tf sUBROGATION ts WAIVED, subject to the terms an d cond¡tions of the policy certa¡n may require an endorsement. A statement on thts certificate does not confer to the cert¡f¡cate holder tn lieu of such f8UEi" Linda Buop
nsurance
fÆS),F,,',,r, (9s!M?:9169 iÄä, ru.¡,(858) 412-8170
FilHEss, I buop@r,vate¡id ge.com
rNsuBER(S) 4EEo!!etNG COVERAGE
rNsuRER A :Crqm tL Eqlste¡9pecialty lns
rNsunen e 4me¡ican Fire & ÇaCqalty Gompq¡y
F:

INSURED
ured Partners of CA lnsurance Services, LLC dba: Wateridge

PRODUCER
rNsrr8EElj
NAIC f
INSURER D r
rlsuRER c : st4te Ggmpq4satiqn þqq rance Fund
2J066
King Lee Chemícal Company, lnc 35076
P. O. Box 146
Del Mar, CA920í4
Serv¡ces
10717 Sorrento Vallev Rd. Ste 200
San Diego, CA92121-
TH¡S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR ¡/AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI

THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
D CLAIMS.

TYPE OF INSURANCE POLICY NUMBER LIMITS
EPK-l 37506
qaql !çquERÊNçE $
1ot23t2021 10t23t2022 EêHûf.lri?.ãtiJ,it**L $
1,000,000
300,000
l4EqE¡P LArìy one person) $

PERSONAL & ADV INJURY
x Contractors Pollution
A X cotr¡uenclnl GENERAL LrABtLtw
cLAll\¡s-l\4ADE i o""ro
GENERALAGGREGATE $
PRODUCTS - COIVIP/OP 4çG S
GEN'L AGGREGATE LIMIT AP!!IÊS PER:

X poucy ÍÐ8i Loc
X nruv¡uro
OV1AJÊD

AUTOS ONLY
HIRED

AUTOS ONLY
84S56796715 7t1st2021
B AUToMoBTLE LrABrLrrY
BODILY INJURY (Per accidenl) rL
711512022 qeellylN,JURyeqperson) $

SCHEDULED
AUTOS
NON-O\,^,1\ED AIJÏOS ÕNI Y
PROPÊRTY DAI\4AGE (Per aæident) $
.$
EACH OCCURRE:Xçq

AGGREGATE
4,000,000
EFX-I 1 9095
RETENTION $ 4,000,000
$
DED
10r23t2021 10r23t2022
-

UMBRELLA LIAB
X excess Ll¡e
OCCUR
CLA¡IVS-¡/lADE
Y/N 9214749-21
N/A

WORKERS COMPENSATION

AND EMPLOYERS' LIASILITY
ANY PROPRIEÏOR/PARTNER/EXECUTIVE
OFFICERiIVìÉMBER EXCLIIDEIJ? (Mandatory ¡n N¡l)
describe
7t22t2021 7t22t2022
E.L. DISEASE - EA EMPLOYEE $
X EFÃ'r'' PA'
E.L. EACH ACCIDENT $
1,
A Pollut¡on Legal Liab EPK-137506 1ot23t2g21 1012312022 Ea Poll 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1 Ol, Additional Remarks Schedule, may be attached if more space is required) Proof of lnsurance.

Port Hueneme Water Agency
5751 Perkins Road
Oxnard, CA 93031

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE W|LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATVE
O 1988-2015 ACORD CORPORATION. Ail rights reserved
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
Agenda Item No. 07 Page 32 of 33 CC Agenda 07-01-2024
Classics
Mn
Pretreat Plus'01 00
Anti sca I a nU D i s p e rsa nUAntifo u I a nt
Pretreat Plus@ 0f 00 is a powerful broad spectrum antiscalant, specially formulated for feedwaters with high levels of scale-forming minerals, as wellas metal oxides ¿nd silica. lt is effective over a wide range of coñcentrations, and does not flocculate dissolved polymers such as residual coagulants or iron- or aluminum-rich silica. Use of this product is recommended for reducing the operating and capital costs of reverse osmosis (RO) and nanofiltration (NF) systems.

Features
Ø
o Controls inorganic scale over a large
concentration range.
o Controls polymerization and precipitation
of silica.
o Decreases precipitation of aluminum, iron,
and heavy metal salts.
o Compatible with RO, NF, and UF
membranes from all major manufacturers.
o Liquid formulation is convenient and easyto use
o Certified under NSF/ANSI Standard 60 for
drinking water prod uction.

Application
Pretreat Plus' 01 00 should be injected into the feed
stream prior to the static mixer and cartridge filter.

Effective pH range is 5.0-1 0.0. lf frozen, may be thawed and mixed before use. ô
lÍ#'o"*ffi
Dosage
ln the typical dosage range of 1-10 mg/L (neat),
control of a wide range of inorganic scales at up to
100x saturation values or higher is possible. By
monitoring the concentrate stream and trend charts
using iwaterPROrM, optimal dosage can be achieved
for the control of scales.

Specs
Appearance: Product pH (neat)
Clear, Colorless to Light <2.0
Yellow Liquid
@
Specific Gravity:

1.06 I 0.03
Feedwater pH

5.0-10.0
iIi!
irrll
iit¡1
I :'L
þ¡+
@
, .Ì il
'; iiiì.:i,' rl¡;,i'.,,,',, I Ir'ìlri lri'.Ì
. ', llli . il ir( rr,¡ I : I "' .t:i ij
il:i,, li.

NSF/ANSI 60
SDS available at kingleetech.com
8949 Kenamar Drive Bld.l 07 San Diego, CA92121 USA. Ph (800) 800-9019 Fx (858) 693-4917 www.kingleetech.com Agenda Item No. 07 Page 33 of 33 CC Agenda 07-01-2024
DATE: July 1, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Fred Camarillo, Public Works Director
SUBJECT: AUTHORIZATION TO SOLE SOURCE PURCHASE SEVEN SMART

TRASH RECEPTACLES FOR SELECT BUS STOPS LOCATED

THROUGHOUT THE CITY
RECOMMENDATION:

It is recommended the City Council approve the sole source purchase of seven Smart Max/Smart Double Station Trash Receptacle units from Bigbelly Solar, LLC, for $64,247.09. These units will be utilized at seven of the bus stops with the highest ridership.

BACKGROUND/ANALYSIS:

The Public Works Department is seeking to upgrade its waste management infrastructure by implementing efficient solutions at key bus stops located throughout the City. The City has selected the Smart Max/Smart Double Station trash receptacles from Bigbelly Solar LLC. Bigbelly smart receptacles are sole-sourced due to their unique and proprietary combination of advanced features with their CLEAN monitoring system which includes solar power compacting, data collection, and monitoring capabilities.

Some of the many benefits seen by existing entities employing these devices are:
elimination of overflows; keeping trash out of waterways; increase cleanliness & safety; prevention of scavenging; increase visibility & participation in recycling; leverage customized branding & community message space; reallocate staff labor to more meaningful tasks; and, to create a more inviting space for residents and visitors.

Because Bigbelly’s services and intellectual properties are proprietary, Staff has determined that this contract is exempted from the formal bidding and procurement procedures contained within Port Hueneme Municipal Code (“PHMC”). PHMC Section 2564 (a) allows purchases of goods or services in an amount greater than ten thousand dollars ($10,000.00), which can be obtained from only one source to be made by the Purchasing Officer without advertising and after approval by City Council.

Agenda Item No. 08 Page 1 of 7 CC Agenda 07-01-2024
Bus Stop Smart Receptacle Purchase
July 1, 2024

An additional feature of Bigbelly compactors is the units can be wrapped in art, or customized City outreach messages. It is also anticipated to help augment day to day maintenance operations by reducing the frequency in which staff will have to replace trash liners and empty trash bins at the selected locations, help promote environmentally friendly habits of recycling bottles and cans, and provide an aesthetic upgrade to the community by replacing standard trash cans with attractive and artistic receptacles.

The Gold Coast Transit District (GCTD) allocates funds to the City of Port Hueneme for recurring expenses associated with transit services to operate and maintain locally supported transit facilities. The local share of funding is provided through the use of Transportation Development Act (TDA) funds. The funds provided to the City are based on the City’s population share.

This year, the City of Port Hueneme proposed smart receptacles at seven key bus stops and the associated operating expenses. On May 15, 2024, the GCTD approved an allocation request of $74,683 for the completion of this project purchase.

FISCAL IMPACT:

Sufficient funds for smart receptacles were included in the FY 2024/25 TDA Article 4 Fund budget in the amount of $75,000 in Account #206-552-5204.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
• Establish desired service levels for all City functions Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors ATTACHMENTS:

A. Bigbelly Solar, LLC Purchase Quote Agreement
B. Bigbelly Solar, LLC Sole Source Letter
Agenda Item No. 08 Page 2 of 7 CC Agenda 07-01-2024
June 3, 2024
Quote Number: Q44733-1

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150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 Prices valid for 60 days from the above date.

BIGBELLY SYSTEM QUOTATION
Prepared By: Bill To: Ship To:

Rafael Garcia Charles Cable Charles Cable
Bigbelly Solar City of Port Hueneme City of Port Hueneme 150 A St, Ste 103 250 North Ventura Rd 746 Industrial Avenue Needham, MA 02494 Port Hueneme, CA 93041 Port Hueneme, CA 93041 (661) 600-5587 (805) 986-6658 (805) 986-6658
[email protected] [email protected] [email protected] This order includes the following items:

QTY ITEM EXTENDED
PRICE
7 Smart Max/Smart Double Station with Hopper, Chute, Foot Pedals, Message Panels, Top Door Pry Prevention, Five Year Warranty, and Five Year CLEAN Software $54,140.10
4 Compactor Waste Liner Bags (box of 50) $184.80
2 Non-Compactor Recycle Liner Bags (box of 100) $127.60 Station pricing includes 2.5% volume discount based on quantity 14 component Shipping & Handling (one time):

Estimated 8.75% Sales Tax (one time):
$5,030.00
$4,764.59
Purchase Option Total System Cost:

Total System Cost w/ Estimated Tax:

Deposit Due with Order:
$59,482.50 USD
$64,247.09 USD
$22,486.48 USD
Sincerely, Rafael Garcia
Bigbelly Solar, LLC
ACH Transfer Info: Cambridge Savings Bank ▪ Acct Name: Big Belly Solar, LLC ▪ Account # 11728865 ▪ Routing # 211371120 Wire Transfer Info: Citibank▪ Acct Name: Cambridge Savings Bank ▪ Account # 71160000000000093 ▪ Routing # 031100209 ▪ Int’l Swift # CITIUS33
Please include in wire payment notes: For Further Credit to 11728865, Big Belly Solar, LLC All Purchase Orders must reference the above Quote Number (upper right).

This Quotation is subject to the attached Terms and Conditions of Sale, which are attached hereto and incorporated herein, and expressly acknowledged and accepted by Customer as signified by the duly authorized signature below.

ACCEPTED AND AGREED BY:

CUSTOMER
By: ____________________________________________
Print Name: _____________________________________
Title: ___________________________________________
Date: ___________________________________________
Attachment A
Agenda Item No. 08 Page 3 of 7 CC Agenda 07-01-2024
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Quote Number: Q44733-1

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150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651

TERMS AND CONDITIONS OF SALE
Version 9.24.2018
The following Terms and Conditions of Sale (“Agreement”) are applicable to any order placed by Customer pursuant to a valid Bigbelly Quotation (“Quotation”) that is accepted by Bigbelly (“Order”).

Acceptance by Customer of this Agreement, which shall be signified by Customer’s duly authorized signature on the face hereof, shall be required for Bigbelly’s acceptance of an Order.

1. SCOPE OF AGREEMENT. Bigbelly, upon acceptance of an Order placed by Customer, will supply the products to be delivered (“Products”) and services to be performed (“Services”) as specified in the Quotation to Customer, pursuant to this Agreement and its attachments. Bigbelly’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, acknowledgements or other documents. The details of the Products and Services (e.g. quantity, price, and product specifications) shall be set forth in the relevant Quotation.

2. ON-SITE SERVICES. In the event any on-site services (such as installation, warranty repairs) are required as part of the Products and Services, the additional terms set forth in Attachment A attached hereto shall also apply.

3. PRICE AND PAYMENT. (a) The prices payable by Customer for the Products and Services by Bigbelly under this Agreement will be specified in the applicable Quotation. Unless otherwise expressly stated in a Quotation, all prices exclude shipping and applicable taxes, all of which are at Customer’s expense. (b) Fees shall become payable upon Bigbelly’s acceptance of an Order, unless otherwise determined by Bigbelly and agreed to in writing, and all payments shall be made without offset or deduction. Any amounts due from Customer under this Quotation or any related invoice, may not be withheld or offset by Customer against amounts due to Customer by Bigbelly for any reason. All late payments made outside of the agreed upon payment terms will be subject to interest at the rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest amount allowed under applicable law. Where upfront payment is required, Bigbelly further reserves the right to withhold shipment of the Products and delay performance of the Services until full payment is made. Any failure by Bigbelly to provide an invoice in a timely manner shall not affect Customer’s obligation to make payments. (c) Upon reasonable request by Bigbelly, Customer shall provide evidence of its financial capacity and such other information as Bigbelly reasonably requests to determine credit status or credits limits. (d) Customer shall provide notice within five (5) business days of the occurrence of any event which materially affects Customer’s ability to perform its obligations under this Agreement.

4. SHIPPING AND DELIVERY. Unless otherwise specified and agreed in an Order, Products and Services will be delivered FOB Origin (Bigbelly’s manufacturing facility) and will be shipped to Customer at the address provided via carriers selected by Bigbelly at the Customer’s expense. The Parties shall mutually agree on any applicable delivery requirements for all Products and Services specified on an applicable Quotation before such Order will be processed. If no delivery requirements are otherwise specified and agreed, Bigbelly shall process any Order upon receipt of the signed Agreement and Customer’s fulfillment of any other order processing requirements set forth by Bigbelly in its sole discretion.

5. INSPECTION AND ACCEPTANCE. Customer shall promptly inspect the Products and Services upon delivery or completion. In the event Products or Services are received damaged, defective or not to specification, Customer shall provide Bigbelly with prompt notice of the alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance.

6. SOFTWARE LICENSE. Customer’s use of the software provided as a Product and Service (“Software”) is subject to the CLEAN Software License Agreement that accompanies delivery of the Software. All applicable terms, provisions and agreements set forth in the CLEAN Software License Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Agreement are inconsistent with the terms of the CLEAN Software License Agreement, the terms set forth herein shall apply.

7. WARRANTY. Bigbelly warrants the Products and Services provided pursuant to a Quotation and this Agreement against manufacturer defects or defects in workmanship, under normal use and service, subject to the exclusions, limitations and conditions set forth in the Bigbelly Standard Limited Warranty.

8. BREACH. In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Quotation or this Agreement, the non-breaching party shall have the right to: (a) terminate the Quotation immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Quotation or this Agreement shall not constitute a waiver of Bigbelly’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Customer shall provide Bigbelly with prompt notice of any alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance or breach.

9. LIMITATIAON OF LIABILITY. IN NO EVENT SHALL BIGBELLY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. BIGBELLY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND ANY QUOTATION SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER UNDER THE QUOTATION UPON WHICH A CLAIM IS BASED.

10. INDEMNIFICATION. Each party, as Indemnitor, shall indemnify, defend and hold harmless the other party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Quotation or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts or omissions in carrying out its obligations under the Quotation or the Agreement; provided that in no event shall Bigbelly be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Customer (including the use of information, artwork, logos, and/or trademarks provided by Customer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or willful misconduct.

11. CUSTOMER MATERIALS AND DATA. (a) Customer represents and warrants that any matter it furnishes for the Products or performance of the Services by Bigbelly does not infringe any copyright or trademark or other intellectual property rights of any third party nor does it otherwise violate any laws or infringe the rights of any third party. (b) Customer warrants that it has the right to use, and to have Bigbelly use on behalf of Customer, any data provided to Bigbelly by Customer, including specifically customer names, identifying information, addresses and other contact information and related personal information.

12. INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, know-how, work product and information or other intellectual property embodying proprietary data existing and owned by Bigbelly as of the date of the Quotation, or made or conceived by employees, consultants, representatives or agents of Bigbelly during the term of this Agreement, shall be and remain at all times the sole and exclusive property of Bigbelly. Customer will obtain no rights thereto other than the limited rights set forth in this Agreement. Without limiting the generality of the foregoing, the parties agree that Bigbelly will own all Software, including all modifications, upgrades and enhancements thereto made during the term of this Agreement.

13. FORCE MAJEURE. Any delay or failure of either party to perform its obligations (other than Customer’s payment obligation) shall be excused if such failure is caused by an extraordinary event or occurrence beyond the control of the nonperforming party, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Each party shall promptly notify the other of the reason for the delay and use its best efforts in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party.

14. GOVERNING LAW. Each Quotation and this Agreement shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. The Parties further agree (i) that any dispute, controversy or claim arising out of or related to this Agreement shall be brought and settled in the state or federal courts located in Boston, Massachusetts; (ii) to irrevocably submit to the exclusive jurisdiction of any such court; and (iii) to waive any right to a jury trial in any litigation arising out of or related to this Agreement.

15. COMPLIANCE. Each party shall comply with all state, federal and local laws and regulations applicable to its performance hereunder.

16. ASSIGNMENT. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Bigbelly. Pursuant to a valid assignment, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties.

17. AMENDMENT AND WAIVER. This Agreement shall not be amended or modified in any way except by a subsequent written agreement signed by authorized persons of both Parties. Any amendment or waiver effected in accordance with this section shall be binding upon the Parties and their respective successors and assigns. The waiver by a Party of any breach by the other Party will not operate or be interpreted as a waiver of any other or subsequent breach, nor shall the failure or delay in exercising any right or seeking any remedy hereunder operate as a waiver thereof.

18. SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect and not be affected thereby.

19. SURVIVAL. In the event any provision of the Quotation or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement.

20. NOTICE. Any notice required to be delivered pursuant to this Agreement shall be deemed given when personally delivered to recipient thereof or mailed by registered mail or certified mail, return receipt requested, to the addresses on the Quotation or to such address as either party may designate in the future.

21. ENTIRE AGREEMENT. Each Quotation, together with this Agreement including the Attachments, constitute the entire agreement between the Parties regarding the subject matter hereof and merges and supersede all prior agreements, oral and written, understandings, commitments and writings. Any Order, purchase order or other ordering or acceptance document issued by Customer is for administrative purposes only and does not form part of this Agreement or amend the terms hereof. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control. The Quotation or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby.

22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument.

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ATTACHMENT A

ADDITIONAL TERMS FOR ON-SITE SERVICES
In the event Bigbelly or its authorized service provides must come on-site to Customer’s property in order to perform certain services as part of the Products or Services, the Parties agree that the following terms and conditions shall also apply, as applicable.

For purposes of this Attachment A, the ‘Agreement’ shall mean the Terms and Conditions of Sale executed between the Parties to which this Attachment A is affixed. The meaning of capitalized and undefined terms appearing herein shall be as set forth in the Agreement unless otherwise indicated. In the event of a conflict between this Attachment A and the Agreement, the terms and conditions of this Attachment A shall prevail solely with respect to the subject matter herein. The terms and conditions of this Attachment A are hereby incorporated into the Agreement by reference.

1. INFORMATION AND ACCESS. Customer agrees that Bigbelly’s ability perform the Services under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by the Agreement shall be extended in the event that Customer fails to provide such information and/or access to Bigbelly in a timely manner.

2. SITE PREPARATION. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly’s specifications. If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly prepare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbelly stations will be installed.

3. INSTALLATION. Bigbelly will install the equipment at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the Parties prior to commencement of the Services.

4. INSURANCE. Bigbelly shall maintain, during its performance of the Services provided hereunder, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Bigbelly. Bigbelly shall furnish copies of such insurance policies upon request.

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150 A Street – Suite 103 – Needham, MA 02494 – USA • Tel: +1-888-820-0300 • Fax: +1-781-444-5651 • www.bigbelly.com June 18, 2024
Fred Camarillo,
Director of Public Works
City of Port Hueneme
700B E. Port Hueneme Road
Port Hueneme, CA 93041
Subject: Justification of Sole Source of Supply
Dear Mr. Camarillo:

Big Belly Solar, LLC (“Bigbelly”) is pleased to provide the following information in connection with the City of Port Hueneme consideration of using Bigbelly as a sole source supplier for a pending procurement.

As of the date of this letter, in North America, for the City of Port Hueneme account, only Bigbelly may sell and service the Bigbelly-manufactured smart waste and recycling system and the CLEAN monitoring system, which includes solar-powered compacting and non-compacting public space receptacles with data collection and monitoring capability for waste and recycling operations (the “Bigbelly Products”).

Bigbelly has developed and maintains a portfolio of exclusive intellectual property and proprietary use rights for the Bigbelly Products, including:
 Patents – U.S. and international (both granted and pending)  Copyrights and Trademarks
For the City of Port Hueneme, Bigbelly Products must be procured by the City from Bigbelly directly; none of Bigbelly’s North America agents or distributors is authorized to make that sale.

Please do not hesitate to contact us with any further questions.

Sincerely,

BIG BELLY SOLAR, LLC
By: ________________________
Brian Phillips, CRO
DocuSign Envelope ID: 8A1D6770-C6E2-4C4B-9A35-122DB57324DA Attachment B
Agenda Item No. 08 Page 7 of 7 CC Agenda 07-01-2024
DATE: July 1, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: SMOKING IN MULTI-UNIT RESIDENTIAL BUILDINGS: SURVEY

RESULTS AND CONSIDERATION OF CITY REGULATIONS
RECOMMENDATION:

It is recommended that the City Council receive data from a survey pertaining to potential smoking prohibitions in multi-unit housing and provide direction regarding future actions.

BACKGROUND/ANALYSIS:

On November 20, 2023, several public speakers provided information to the City Council regarding cities that have adopted smoking prohibitions that apply within multi-unit residences. At the end of the meeting, Mayor Martinez made a motion, seconded by Councilmember Gama, which was subsequently approved by the entire City Council, to place an item on a future agenda to discuss this topic.

On December 4, 2023 the City Council received a report on the City’s current smoking prohibition and potential options to prohibit smoking in multi-unit residences. The report outlined the existing smoking regulations in the City, highlighting the areas where smoking is currently prohibited. It is important to note that the City’s Ordinance expressly states that private residences are not subject to the City’s smoking restrictions. While most other Ventura County cities have not prohibited smoking in multi-unit residences, the Council was informed that the City of Moorpark has adopted an ordinance that prohibits smoking in apartment units, including attached balconies, patios, porches and decks.

The Council expressed interest in researching potential amendments to the City’s smoking ordinance and provided staff with direction to conduct outreach to owners and property managers of multi-unit residential buildings. As a result, the City developed and distributed a survey to collect information regarding the frequency of smoking related complaints, existence of building specific smoking restrictions, and level of support for new restrictions. Representatives at 63 property locations were contacted, predominately through property management companies and homeowners’ associations. Of these, 31 Agenda Item No. 09 Page 1 of 32 CC Agenda 07-01-2024
Potential Prohibition of Smoking in Multi-Unit Residences July 1, 2024

provided contact information for individuals to participate in the survey. The City distributed the survey to all contacts received. In response to this outreach, the City obtained 13 survey responses.

The following is a summary of the survey results:
0 1 2 3 4 5 6 7 8
Never
Less than 1 month
1-4 times per month
More than 1 per week
HOW OFTEN DO YOU RECEIVE SMOKING COMPLAINTS?
0 2 4 6 8 10 12
Yes
No
IS THERE A NO SMOKING POLICY CURRENTLY IN PLACE?
0 2 4 6 8 10 12
Individual Units
Common Areas
Patios/Balconies
Not Supportive
Other
WHERE WOULD YOU SUPPORT A SMOKING PROHIBITION?
0 1 2 3 4 5 6
Rules
Lease
No Policy
No Response
HOW IS YOUR POLICY ENFORCED?
Agenda Item No. 09 Page 2 of 32 CC Agenda 07-01-2024
Potential Prohibition of Smoking in Multi-Unit Residences July 1, 2024

The following (unedited) freeform survey comments were received:

Please share your concerns regarding the establishment of a no smoking policy in your complex
➢ Do not agree with telling someone they can not smoke in their apartment or building
➢ This is hard to enforce. People may be smoking in their units, which is allowed, but the smoke will travel and bother others.
➢ I do not have any concerns regarding the City establishing a no smoking policy. I would encourage the City to ban smoking so that it would be consistent throughout the city.
➢ I do a reminder every year.

Additional Comments:
➢ I would be in favor of an ordinance that prohibits smoking in units and common areas. This is challenging to enforce. My building is small, so there is not an onsite property manager. ➢ We have, No Smoking in or near the other units.
➢ Sometimes I worry that tenants smoke anyway even though I have a no smoking policy in place. They smoke marijuana sometimes.
➢ supportive of the designated areas for smoking policy. we believe this should not happen in the common areas, but rather the designated areas for smoking. ➢ This is hard to confirm where the smoke originates and when it is happening.

Usually when I get the complaint, it is the next day. How can I enforce it after the fact?
➢ I am in favor of the city to establish a no smoking policy for all apartment complexes. Smoking is not only bad for the smoker's health but it also affects the health of nearby non-smokers through second hand smoke and it is especially bad for children.

The survey responses indicate support for the establishment of such regulations, however they also highlight the challenges of enforcing such regulations. As part of its consideration of these regulations, it is prudent for the City to evaluate costs and resources associated with different enforcement options. The City must decide whether it intends to delegate enforcement responsibilities to property owners and managers or take a more proactive role in enforcement. For example, the City of Moorpark required landlords to integrate the smoking prohibition into leases as they were renewed or amended and facilitated that effort by providing sample lease language. Accordingly, during the adoption of its ordinance, Moorpark stated its intent that apartment complex owners/managers would serve as the primary party to enforce the prohibition as they receive complaints from their tenants. By adopting the ordinance, the City essentially gives the property owner/manager another tool to enforce the regulation but the City does not become directly involved in the enforcement of the regulation.

Agenda Item No. 09 Page 3 of 32 CC Agenda 07-01-2024
Potential Prohibition of Smoking in Multi-Unit Residences July 1, 2024

If the City Council desires, Port Hueneme could take a similar approach by approving an ordinance that prioritizes public health while also granting authority to private property owners and managers to oversee and enforce smoking regulations on their premises.

This could include requiring property owners of multi-unit residential buildings or their designees to undertake any or all of the following actions within one year of ordinance adoption:
➢ Amend property leases to prohibit smoking in individual units, balconies/patios and common areas
➢ Issue written notices to all tenants and/or property owners regarding smoking prohibitions (unless such restrictions are already in place) ➢ Install No Smoking signs at visible locations on the property ➢ Remove ash trays, ash cans and other designated smoking amenities from common areas
➢ If desired, designate a smoking area on the property, provided it is located at least 25 feet away from playgrounds or building entrances, exits, or operable windows FISCAL IMPACT:

If City Council directs staff to draft an ordinance to prohibit smoking in multi-unit residences, and perform educational outreach after its adoption, it is anticipated that such effort would require 50 to 60 hours of City staff and City Attorney time. Funds for these costs are included in the fiscal year 2024-25 City manager and Code Compliance operating budgets in accounts 101-112-5202, 101-112-5100 101-and 101-332-5100.

Staff recommends that private property owners and/or managers assume the primary responsibility of enforcement, which will keep the City’s enforcement costs to a minimal level. If enforcement by the City is desired, additional resources would need to be identified.

STRATEGIC PLAN
Primary Strategic Pillar and Initiative:

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
ATTACHMENTS:

A. Article III (Public Health and Safety) Chapter 7 (Smoking Regulations) of the Port Hueneme Municipal Code
B. City of Moorpark Ordinance
Agenda Item No. 09 Page 4 of 32 CC Agenda 07-01-2024
Attachment A
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ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.32, REGULATING
SMOKING IN PUBLIC PLACES, OF TITLE 8, HEAL TH AND

SAFETY, OF THE MOORPARK MUNICIPAL CODE TO

CLARIFY RESTRICTIONS ON SMOKING IN PUBLIC PLACES
AND ADD RESTRICTIONS ON SMOKING IN MUL Tl-UNIT

RESIDENCES AND MAKING A FINDING OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on December 19, 1988, the City Council of the City of Moorpark (City) adopted Chapter 6.01, Regulation on Smoking, of the Moorpark Municipal Code (Municipal Code); and
WHEREAS, on July 7, 1993, the City Council repealed Chapter 6.01 of the Mompark Municipal Code and adopted Chapter 8.32, Prohibiting Smoking in Public Places of the Municipal Code; and
WHEREAS, on December 15, 1993, the City Council amended Chapter 8.32, to add Section 8.32.040, Posting of Signs, to the Municipal Code; and WHEREAS, on July 1, 2009, the City Council amended Chapter 8.32 in its entirety, Prohibiting Smoking in Public Places, of the Municipal Code; and WHEREAS, on June 7, 2017, the City Council amended Chapter 8.32 in its entirety, Prohibiting Smoking in Public Places, of the Municipal Code; and WHEREAS, on September 20, 2017, the City Council directed staff to initiate a Municipal Code Amendment to prohibit smoking inside apartment units Citywide; and WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following:
• 480,000 people die prematurely in the United States from smokingrelated diseases every year, making tobacco use the nation's leading cause of preventable death; 1 and
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking- 50 Years of Progress A Report of the Surgeon General Executive Summary. 2014. 326
Agenda Item No. 09 Page 13 of 32 CC Agenda 07-01-2024
Ordinance No.

• Tobacco use can cause disease in nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths;2 and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:
• The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke; 3 and
• The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; 4 ·
5 and
• The California Environmental Protection Agency (EPA) included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm;6 and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke occurs at significant levels outdoors, as evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers· 7
·
8 and '
• Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the "hazardous" range on the United States EPA's Air Quality lndex; 8 and 2 U.S. Surgeon General. Factsheet: The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General. 2014. 3 U.S. Department of Health and Human Services. 2006 Surgeon General's Report-The Health Consequences of Involuntary Exposure to Tobacco Smoke. 2006. 4 California Environmental Protection·Agency Air Resources Board. Environmental Tobacco Smoke: A Toxic Air Contaminant. California Environmental Protection Agency Air Resources Fact Sheet. 2006. 5 California Environmental Protection Agency Air Resource Board. California Identifies Secondhand Smoke as a "Toxic Air Contaminant." News Release. 2006. 6 Chemicals known to the state to cause cancer or reproductive toxicity. State of California Environmental Agency Office of Health Hazard Assessment Safe Drinking Water and Toxic Enforcement Act of 1986. 2015.
7 Klepeis N, Ott W, Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. 2004.
8 Klepeis NE, Ott WR, Switzer P. Real-time measurement of outdoor tobacco smoke particles. J Air Waste Manag Assoc. 2007;57(August 2013):522-534. doi:10.3155/1047-3289.57.5.522. 327
Agenda Item No. 09 Page 14 of 32 CC Agenda 07-01-2024
Ordinance No.

• To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 23 feet away from the source of the smoke·8
·
9 , and
WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following:
•Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke; 2
·
10 and
• Secondhand smoke is responsible for an estimated 41,300 heart disease-related and lung cancer-related deaths among adult nonsmokers each year in the United States; 10 and
• Exposure to secondhand smoke increases the risk of coronary heart disease bv about 25 to 30 percent and increases the risk of stroke by 20 to 30 percent; 11 ·
12 and
WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following:
• Between 2009 and 2012, the total annual economic burden of smoking in the United States was between $289 billion and $332.5billion; 1 and • From 2005 to 2009, the average annual health care expenditures attributable to smoking were approximately $132.5 billion to $175.9 billion in direct medical care costs for adults and $151 billion in lost produCtivity; 1 and • The total annual cost of smoking in California was estimated at $548 per resident or between $2,262 and $2,904 per smoker per year; 13 and • California's Tobacco Control Program saved the state and its residents $134 billion in health care expenditures between the year of its inception, 1989, and 2008, with savings growing yearly; 13 and
9 Repace J. Benefits of Smokefree Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles. William Mitchell Law Rev. 2008;34(4):1621-1638. 1 ° Centers for Disease Control and Prevention. Secondhand Smoke (SHS) Facts. 2014. 11 Institute of Medicine. Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evidence. Washington, DC. 2010.
12 U.S. Department of Health and Human Services. The Health Consequences of Smoking - 50 Years of Progress A Report of the Surgeon General. 2014.
13 Lightwood J, Glantz S a. The effect of the California tobacco control program on smoking prevalence, cigarette consumption, and healthcare costs: 1989-2008. PLoS One:""2013;8(2):e47145. doi: 10.1371/journal.pone.0047145.
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Page4
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs with research studies showing that smokefree policies effectively do the following: 14
• Reduce tobacco use; and
• Reduce exposure to secondhand smoke; and
• Increase the number of tobacco users who quit; and
• Reduce initiation of tobacco use among young people; and • Reduce tobacco-related illnesses and death; and
WHEREAS, laws restricting use of electronic smoking devices also have benefits to the public, as evidenced by the following:
• Research has found that liquids and/or aerosols in electronic smoking devices contain at least ten chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel and toluene-6,1s,16,1?,18,19,20 and , ,
• Exposure to vapor from electronic smoking devices may cause passive or secondhand vaping; 18·
20·21 and
• Use of electronic smoking devices in smokefree locations threatens to undermine compliance with smoking regulations and reverse the progress that has 14 Guide to Community Preventive Services. Reducing Tobacco Use and Secondhand Smoke Exposure:

Smoke-Free Policies. 2012.
15 California Department of Public Health California Tobacco Control Program. State Health Officer's Report on E-Cigarettes: A Community Health Threat. Sacramento, CA. 16 Grana R, Benowitz N, Glantz S. Background Paper on E-cigarettes (Electronic Nicotine Delivery 8/.stems). 2013. 1 Williams M, Villarreal A, Bozhilov K, Lin S, Talbot P. Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol. PLoS One. 2013;8(3):e57987. doi: 10.1371/journal.pone.0057987. 18 German Cancer Research Center. "Electronic Cigarettes - An Overview" Red Series Tobacco Prevention and Control. Heidelberg. 2013.
19 Goniewicz ML, Knysak J, Gawron M, et al. Levels of selected carcinogens and toxicants in vapour from . electronic cigarettes. Tab Control. 2013;1:1-8. doi:10.1136/tobaccocontrol-2012-050859. 20 Schripp T, Markewitz D, Uhde E, Salthammer T. Does e-cigarette consumption cause passive vaping? Indoor Air. 2013;23(1 ):25-31. doi: 10.1111/j.1600-0668.2012.00792.x. 21 Schober W, Szendrei K, Matzen W, et al. Use of electronic cigarettes (e-cigarettes) impairs indoor air quality and increases FeNO levels of e-cigarette consumers. Int J Hyg Environ Health. 2013. doi: 10.1016/j.ijheh.2013.11.003.
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been made in establishing a social norm that smoking is not permitted in public places and places of employment; 22 and
WHEREAS, smoking in multi-unit residences creates particular health risks for persons living in these residences, where air ventilation systems allow secondhand smoke to travel from one unit to an adjacent or attached unit, and tenants of rental apartment buildings are especially vulnerable to the health risks because of the typical physical structure of apartment buildings; and
WHEREAS, research has shown the marijuana smoke contains a similar range of harmful chemicals to that of tobacco smoke;23 and
WHEREAS, the City's Community Development Director has concluded that the proposed changes to the City's smoking regulations included in this Ordinance are exempt from review under the California Environmental Quality Act, pursuant to Section 15061 (8)(3) of the State CEQA Guidelines, because it can be seen with certainty that the additional restrictions on smoking that are imposed by this Ordinance will not have any potentially significant adverse impact on the environment; and WHEREAS, there is no Constitutional right to smoke.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA. The City Council hereby concurs with the Development Director's conclusion that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment.

The Ordinance does not propose construction or any alteration to the physical environment. Furthermore, the Ordinance proposes amendments to the City's smoking regulations that will reduce the public's exposure to the harmful effects of second-hand smoke. As such, the City Council hereby concludes that this Ordinance is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061 (b)(3) of the California Code of Regulations.

SECTION 2. Chapter 8.32 of Title 8 of the Moorpark Municipal Code is hereby amended as shown in Exhibit A, attached hereto and incorporated herein, to prohibit smoking in multi-unit residences and to clarify that smoking is prohibited at all Cityowned buildings and properties. 22 McMillen R, Maduka J, Winickoff J. Use of emerging tobacco products in the United States. J Environ Public Health. 2012;2012. doi: 10.1155/2012/989474.
23 Hoffmann D, Brunneman DK;" Gori BG, Wynder EL. On the carcinogenicity of marijuana smoke. Recent Advances in Phytochemistry. 1975;9(63-81).
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SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption.

SECTION 5. The City Clerk· shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law.

PASSED AND ADOPTED this __ day of ______ , 2017.

Janice S. Parvin, Mayor
ATTEST:

Maureen Benson, City Clerk
Exhibit A: Chapter 8.32
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Sections:

8.32.010

8.32.020

8.32.030
Chapter 8.32

PROHIBITING SMOKING IN PUBLIC PLACES

PROHIBITIONS ON SMOKING
Definitions.

Prohibition of smoking in public places.

Prohibition of smoking in multi-unit apartment buildings Exhibit A

8.32.0340

8.32.04~0

8.32.0§60

8.32.0670

8.32.01-80

8.32.0890
Prohibition of smoking by private property owner or manager.

Smoking - Permissible smoking areas.

Posting of signs. .

Duties of person, employer, business, or non-profit entity.

Other applicable laws.

Violations and penalties.

8.32.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Bikeway" means any Class 1 Bike Path or Trail, separated right-of-way for bicycles, or Class 2 Bike Lane, restricted right-of-way.

B. "Common Area" means every enclosed area and unenclosed area of a mtH#- family housing development that residents of more than one residence or unit of that development are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking areas, restrooms, laundry rooms, cooking areas, and eating areas.

C. "Dining Area" means any indoor or outdoor non-residential location where food or beverages are served by a business or routinely consumed by customers and/or employees of a business.

D. "Electronic Smoking Device" means an electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vapor cigarette, or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of diseases. 332
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Page8
E. "Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

F. "Employer" means any business or non-profit entity that retains the service of one or more employees.

G. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls. The walls may be penetrated by windows, doors, or passageways.

H. "Existing Lease" means any lease or rental agreement that allows a person to occupy a unit that was entered into before February 1, 2018. -1=1-1. "Family Day Care Facility" means a home providing day care for children, which is subject to state and/or county licensing requirements.

J. "Landlord" means any person who owns property that is leased for residential use.

K. "Multi-unit Residence" means a residential property containing two or more units on the same lot, where one or more of the units are offered for rent. The following types of housing are specifically excluded from this definition:

1. A single-family home;

2. A detached or attached accessory dwelling unit on a property zoned to allow single-family uses;

3. Hotels and motels; and

4. A community apartment project, condominium project, or stock cooperative, as defined in the Davis-Stirling Common Interest Development Act (California Civil Code§ 4000 et seq.).

L. "New Lease" means any lease or rental agreement that allows a person to occupy a unit that was entered into, amended, or renewed on or after February 1, 2018.

This includes any month-to-month lease that is renewed on or after February 1, 2018. iM. "Place of Employment" means any enclosed area under the control of the city or private employer or any outdoor working area, such as a construction area, which employees normally frequent during the course of employment. 333
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JN. "Public Building" means any building to which the public is invited or in which the public is permitted.

KO. "Public Event" means any art show, fair, parade, firework display, sports activity, or any other similar event in a public place within the City, regardless of any fee or age requirements.
bP. "Public Place" means any area to which the public is invited or in which the public is pe·rmitted, regardless of any fee or age requirement or whether publicly or privately owned.

MO. "Residential Care Home" means a home providing 24-hour care for children, adults, or elderly persons, which is subject to state and/or county licensing requirements.

NR. "Retail Smoking Products Store" means any retail business establishment where at least fifty percent (50%) of product display area is for smoking products, including but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping Eliquids and supplies, and smoking supplies and accessories. A retail smoking products store does not include marijuana dispensaries or marijuana bakeries.

GS.. "Separate Ventilation System" means a system which is exhausted to the outside and negatively pressurized.

PT. "Service Area" means any publicly or privately owned area where people use or wait to receive a service or make a transaction, whether or not such service or transactio'n includes the exchange of money. Service areas include, but are not limited to, areas including or adjacent to information kiosks, bus stops, train stations, Automated Teller Machine (ATM) lines, information kiosks, mobile vendor lines, and theatre lines.

QU. "Shopping Center" means any parcel of land zoned and used for retail sales.

RV. "Smoke" or "Smoking" means holding, inhaling, exhaling, burning, 9-f-carrying.,__Q[ operating any lighted or activated cigar, cigarette, electronic smoking device (ecigarette), eF-pipe, or other smoking device containing any tobacco, marijuana, crack cocaine, weed, plant, or other combustible substance in any manner or in any form. "Smoke" does not mean the combustion of material solely for olfactory purposes such as, for example, smoke. from incense that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating or preventing disease. 334
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W. "Unit" means any personal dwelling space in a multi-unit residence, and shall include any associated exclusive-use area, including, but not limited to, a private balcony, porch, deck, or patio.

8.32.020 Prohibition of smoking in public places.

It is unlawful for any person to smoke in violation of any law or regulation of the State of California and in any place set forth herein, except as provided in Section 8.32.040.

A. In any park, sidewalk, bikeway, athletic field (including spectator viewing areas), playground, trail, recreational area, or publicly-owned open space; B. In indoor or outdoor public places within shopping centers, including parking lots and parking structures;
C. Within twenty-five (25) feet of the entrance, exit, or open window of any public building, or any outdoor dining area;
D. In any outdoor service area or any public building, including indoor and outdoor reception and waiting areas;
E. In any dining area, or any location where food, designated for sale or distribution to the public, is prepared, served, or stored, or where such food utensils are cleaned or stored;
F. Within buses, taxicabs, and other means of public transit provided by or under the authority of the City and at ticket, boarding, and waiting areas of public transit shelters, stops, and stations;
G. Within any indoor or outdoor common area within residential housing developments, except in a designated outdoor smoking area as described in Section

8.32.030.050.G;
H. In any enclosed area or outdoor place of employment or work sites, except as provided in Section 8.32.040.D 8.32.050.D;
I. In any family day care facility or residential care home; J. Hotel and motel facilities, except as provided in Section 8.32.040.B 8.32.050.B; K. At any public event;
L. In any elevator;
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M. At polling places;
N. In any city-owned building, facility, property, parking lot or parking structure;

0. In schools;
P. In public restrooms.:.

8.32.030. Prohibition of smoking in multi-unit apartment buildings.

Smoking in multi-unit residences shall be governed by the following rules:

A. Beginning February 1, 2018, the following regulations apply:

1. Smoking is prohibited in all common areas, except in a desiqnated outdoor smoking area as described in Section 8.32.030.050.G.

2. Smoking is prohibited in all units governed by a new lease.

3. A landlord shall not permit the presence of ash trays, ash cans, or other receptacles designed for, or primarily used for, the disposal of smoking waste within any common area, except in a designated outdoor smoking area as described in Section

8.32.030.050.G.

4. Every new lease shall include a provision substantially consistent with the following: "Moorpark Municipal Code Section 8.32.030 prohibits smoking in all common areas in a multi-unit residence, and in all units governed by a lease that was entered into, renewed, or amended after February 1, 2018. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or resident by invitation or permission of the tenant, to engage in smoking on the property, including in the unit and common areas (as those terms are defined in Moorpark Municipal Code Section 8.32.010), or to violate any law regulating smoking while anywhere on the property.

B. On or before February 1, 2018, the following regulations apply:

1. The landlord shall post, or shall cause to be posted, clear and unambiguous "No Smoking" signs in sufficient numbers and locations in the multi-unit residence to make it obvious to a reasonable person that smoking is prohibited in all common areas. The signs shall have letters of no less than one inch in height or contain the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter.
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2. The landlord shall provide written notice to all tenants whose units are governed by an existing lease stating that: (1) smoking is prohibited in all common areas of the multi-unit residence beginning February 1, 2018, except in a designated outdoor smoking area, (2) any unit that is governed by a lease that was entered into on or after February 1, 2018 is designated as a non-smoking unit, and (3) any unit that is governed by a lease that was entered into before February 1, 2018 will be designated as a non-smoking unit when the lease is renewed or extended, or February 1", 2019, whichever is earlier, unless an earlier date is chosen by the landlord. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multi-unit residence.

C. In addition to the above, beginning February 1, 2019, smoking is prohibited in all units in a multi-unit residence.

D. If the landlord has fully complied with subdivisions A.4, B.1, and B.2 herein, the landlord shall not be criminally or civilly liable to any person for a person's breach of any smoking provision while in the multi-unit residence.

8.32.0308.32.040. Prohibition of smoking by private property owner or manager.

Nothing in this Chapter shall prohibit any owner, operator, manager, employer, nonprofit entity, or other person with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area and whether the area is enclosed or not.

8.32.0408.32.050. Smoking - Permissible smoking areas.

Notwithstanding any other provisions of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:

A. Private residences, except when used as a family day care facility or residential care home, and except that "private residences" shall not include a unit in, or any portion of, a multi-unit residence.

B. A maximum of twenty percent (20%) of the guest rooms in hotels and motels.

C. A retail smoking products store, provided it is located twenty-five (25) feet or more from any opening of a private residence, has a separate ventilation system, and does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section. This section does not apply to the smoking of marijuana, which shall be prohibited in retail smoking product stores. 337
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D. A place of employment that employs only the owner and no other employee, independent contractor, or volunteer, provided that:

1. The place of employment does not allow members of the public within enclosed areas; and

2. The enclosed area containing the place of employment does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section.

E. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, as specified in Section 6404.5(e)(4) of the California Labor Code.

F. A designated outdoor smoking area, subject to approval of the Community Development Director, for shopping centers, public places, or parking lots provided that:

1. The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than fifty (50) square feet in total area, and does not have a dimension on any side less than five (5) feet; and

2. The smoking area is not located within twenty-five (25) feet of any outdoor service area; entrance, exit, or open window of any public building-;- or dining area; and

3. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the smoking area; and

4. The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: Signs with arrows directing the public to the smoking area may be allowed; signs shall be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are subject to approval of the Community Development Director.

G. A designated outdoor smoking area, subject to approval of the Community Development Director, for multi-unit residences provided that:

1. The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than fifty (50) square feet in total area, and does not have a dimension on any side less than five (5) feet; and

2. The smoking area is not located within twenty-five (25) feet of a playground or an entrance, exit, or operable window of any building; and 338
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3. Appropriate ash can(s) are placed in the smokinq area and are maintained regularly by the owner, operator, or manager of the designated outdoor smoking area; and

4. The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: signs shall be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation of a burning cigarettte; signs shall contain "Designated Smoking Area" and shall be posted prominently between five (5) and seven (7) feet above the floor or ground; and all signs are subject to approval of the Community Development Director.

Signs with arrows directing the public to the smoking area may be allowed.

GH. Outdoor special events, subject to Community Development Director approval of a Temporary Use Permit for a single event, or an Administrative Permit, for a recurring event, provided that:

1. Such permit shall be subject to appropriate conditions of approval to limit the duration of such permit and require compliance with State law; and

2. Such permit shall limit, to the extent feasible, exposure of nonsmoking persons to secondhand smoke; and

3. An Administrative Permit for a recurring event shall be subject to renewal every six (6) months.

8.32.0508.32.060. Posting of signs.

Every owner, operator, manager, employer, or other person having control of an enclosed or outdoor area where smoking is prohibited by this Chapter shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).

8.32.0608.32.070. Duties of person, employer, business, or non-profit entity.

A. No person, employer, business, or non-profit entity shall knowingly permit smoking or place ash receptacles in an area which is under the control of the person, employer, business, or non-profit entity in which smoking is prohibited by this Chapter or by other law, unless the person, employer, business, or non-profit entity is otherwise compelled to do so under State or Federal law.

B. No person, employer, business, or non-profit entity shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person, 339
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employee, or applicant for employment, who seeks to attain compliance with this Chapter, or who is exercising any right to a smoke-free environment afforded by this Chapter.

8.32.0708.32.080. Other applicable laws.

A. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

B. It is not the intention of this Chapter to regulate any conduct where the regulation of such conduct has been preempted by the State of California.

8.32.0808.32.090. Violations and Penalties.

Any person who violates any provision of, or fails to comply with, any requirement of this Chapter is guilty of a misdemeanor/infraction and, upon conviction thereof, shall be punished in accordance with this code. The remedies provided by this code are cumulative and in addition to any other remedies avail~ble at law or in equity. 340
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ATTACHMENT 2

CITY OF MOORPARK EXISTING ORDINANCE
Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES

8.32.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bikeway" means any Class 1 bike path or trail, separated right-of-way for bicycles; or Class 2 bike lane, restricted right-of-way.
"Common area" means every enclosed area and unenclosed area of a multi-family housing development that residents of more than one (1) unit of that development are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Dining area" means any indoor or outdoor nonresidential location where food or beverages are served by a business or routinely consumed by customers and/or employees of a business.
"Electronic smoking device" means an electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vapor cigarette, or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of diseases.
"Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer. "Employer" means any business or nonprofit entity that retains the service of one (1) or more employees.
"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls. The walls may be penetrated by windows, doors, or passageways. "Family day care facility" means a home providing day care for children, which is subject to state and/or county licensing requirements.
"Place of employment" means any enclosed area under the control of the city or private employer or any outdoor working area, such as a construction area, which employees normally frequent during the course of employment.
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"Public building" means any building to which the public is invited or in which the public is permitted.
"Public event" means any art show, fair, parade, firework display, sports activity, or any other similar event in a public place within the city, regardless of any fee or age requirements. "Public place" means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement or whether publicly or privately owned. "Residential care home" means a home providing twenty-four (24) hour care for children, adults, or elderly persons, which is subject to state and/or county licensing requirements. "Retail smoking products store" means any retail business establishment where at least fifty percent (50%) of product display area is for smoking products, including, but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E-liquids and supplies, and smoking supplies and accessories. A retail smoking products store does not include marijuana dispensaries or marijuana bakeries.
"Separate ventilation system" means a system which is exhausted to the outside and negatively pressurized.
"Service area" means any publicly or privately owned area where people use or wait to receive a service or make a transaction, whether or not such service or transaction includes the exchange of money. Service areas include, but are not limited to, areas including or adjacent to information kiosks, bus stops, train stations, Automated Teller Machine (ATM) lines, information kiosks, mobile vendor lines, and theatre lines.
"Shopping center" means any parcel of land zoned and used for retail sales. ,"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or activated cigar, cigarette, electronic smoking device (e-cigarette), or pipe containing any tobacco, marijuana, crack cocaine, weed, plant, or other combustible substance in any manner or in any form. "Smoke" does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating or preventing disease. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)

8.32.020 Prohibition of smoking in public places.

It is unlawful for any person to smoke in violation of any law or regulation of the state of California and in any place set forth herein:

A. In any park, sidewalk, bikeway, athletic field (including spectator viewing areas), playground, trail, recreational area, or publicly-owned open space; B. In indoor or outdoor public places within shopping centers, including parking lots and parking structures;
342
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C. Within twenty-five (25) feet of the entrance, exit, or open window of any public building, or any outdoor dining area;
D. In any outdoor service area or any public building, including indoor and outdoor reception and waiting areas;
E. In any dining area, or any location where food, designated for sale or distribution to the public, is prepared, served, or stored, or where such food utensils are cleaned or stored; F. Within buses, taxicabs, and other means of public transit provided by or under the authority of the city and at ticket, boarding, and waiting areas of public transit shelters, stops, and stations;
G. Within any indoor or outdoor common area within residential developments; - H. In any enclosed area or outdoor place of employment or work sites, except as provided in Section 8.32.040(0);
I. In any family day care facility or residential care home; J_ Hotel and motel facilities, except as provided in Section 8.32.040(8); K. At any public event;
L. In any elevator;
M. At polling places;
N. In any city-owned parking lot or parking structure;

0. In schools;
P. In public restrooms. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)

8.32.030 Prohibition of smoking by private property owner or manager.

Nothing in this chapter shall prohibit any owner, operator, manager, employer, non-profit entity, or other person with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area and whether the area is enclosed or not. (Ord. 448 § 2, 2017)

8.32.040 Smoking-Permissible smoking areas.

Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

A. Private residences, except when used as a family day care facility or residential care home.
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Agenda Item No. 09 Page 30 of 32 CC Agenda 07-01-2024
B. A maximum of twenty percent (20%) of the guest rooms in hotels and motels.

C. A retail smoking products store, provided it is located twenty-five (25) feet or more from any opening of a private residence, has a separate ventilation system, and does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section. This section does not apply to the smoking of marijuana, which shall be prohibited in retail smoking product stores.

D. A place of employment that employs only the, owner and no other employee, independent contractor, or volunteer, provided that:

1. The place of employment does not allow members of the public within enclosed areas; and

2. The enclosed area containing the place of employment does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section.

E. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, as specified in Section 6404.5(e)(4) of the California Labor Code.

F. A designated outdoor smoking area, subject to approval of the community development director, for shopping centers, public places, or parking lots provided that:

1. The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than fifty (50) square feet in total area, and does not have a dimension on any side less than five (5) feet; and

2. The smoking area is not located within twenty-five (25) feet of any outdoor service area; entrance, exit, or open window of any public building; or dining area; and

3. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the smoking area; and

4. The smoking area is posted with one (1) or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: Signs with arrows directing the public to the smoking area may be allowed; signs shall be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation of a burning cigarette; signs shall contain "Desig'lated Smoking Area" and shall be posted prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are subject to approval of the community development director.

G. Outdoor special events, subject to community development director approval of a temporary use permit for a single event, or an administrative permit, for a recurring event, provided t~at:

1. Such permit shall be subject to appropriate conditions of approval to limit the duration of such permit and require compliance with state law; and 344
Agenda Item No. 09 Page 31 of 32 CC Agenda 07-01-2024

2. Such permit shall limit, to the extent feasible, exposure of nonsmoking persons to secondhand smoke; and

3. An administrative permit for a recurring event shall be subject to renewal every six (6) months. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)

8.32.050 Posting of signs.

Every owner, operator, manager, employer, or other person having control of an enclosed or outdoor area where smoking is prohibited by this chapter shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)

8.32.060 Duties of person, employer, business, or nonprofit entity.

A. No person, employer, business, or nonprofit entity shall knowingly permit smoking or place ash receptacles in an area which is under the control of the person, employer, business, or nonprofit entity in which smoking is prohibited by this chapter or by other law, unless the person, employer, business, or nonprofit entity is otherwise compelled to do so under state or federal law.

B. No person, employer, business, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person, employee, or applicant for employment, who seeks to attain compliance with this chapter, or who is exercising any right to a smoke-free environment afforded by this chapter. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009)

8.32.070 Other applicable laws.

A. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

B. It is not the intention of this chapter to regulate any conduct where the regulation of such conduct has been preempted by the state of California. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)

8.32.080 Violations and penalties.

Any person who violates any provision of, or fails to comply with, any requirement of this chapter is guilty of a misdemeanor/infraction and, upon conviction thereof, shall be punished in accordance with this code. The remedies provided by this code are cumulative and in addition to any other remedies available at law or in equity. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)
345
Agenda Item No. 09 Page 32 of 32 CC Agenda 07-01-2024
Monday, July 1, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
5:30 PM Closed Session | 6:30 PM Regular Meeting
Attached is correspondence related to Agenda Item No. 9: Smoking in Multi-Unit Residential Buildings: Survey Results and Consideration of City Regulations, which was received following the posting and distribution of the July 1, 2024, Agenda:
• Email including letter of support received from Americans for Nonsmokers’ Rights’, dated Friday, June 28, 2024
From: Liz Williams
Sent: Friday, June 28, 2024 1:39 PM
To: Council WebMail
Subject: Leer of support for smokefree mul-unit housing Aachments: Leer to Port Hueneme CA_MUH_06.28.24.pdf
Dear Mayor Perez and members of the Port Hueneme City Council, Americans for Nonsmokers’ Rights would like to submit the aached leer of support for expanding Port Hueneme's smokefree protecons to include mul-unit housing.

Sincerely,
Liz Williams (she/her)
Project & Policy Manager
Americans for Nonsmokers' Rights |nonsmokersrights.org
American Nonsmokers' Rights Foundaon |no-smoke.org
2530 San Pablo Ave, Suite J | Berkeley, CA 94702
510-841-3032 x314 (office)
Join Us! | Email Alerts
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the desnaon. If suspicious content is detected, you will see a warning.

PO Box 2941, Berkeley, CA 94702 • 510.841.3032 • nonsmokersrights.org ANR is a 501(c)(4) nonprofit lobbying organization and contributions are not tax deductible. Tax ID: #94-598713 June 28, 2024
Mayor Misty Perez
Port Hueneme City Hall
250 N Ventura Road
Port Hueneme, CA 93041
Dear Mayor Perez and members of the Port Hueneme City Council, Americans for Nonsmokers’ Rights is writing to express our support for a 100% smokefree multi-unit housing ordinance to protect the health and safety of multi-unit residents in Port Hueneme. Taking action on this important public health issue will help ensure everyone’s right to a smokefree living environment.

Port Hueneme has the opportunity to be a public health leader by protecting your residents from the harmful effects of secondhand tobacco and marijuana smoke by prohibiting smoking in all multi-unit residences, including apartments and condominiums. Smokefree multi-unit housing is a powerful way to have a broad, positive community impact by reducing secondhand exposure where people spend much of their time—especially children, the elderly, and people with disabilities—and can suffer from persistent levels of exposure.

Americans for Nonsmokers’ Rights strongly recommends that smokefree protections apply to all types of multi-unit residential properties. The Moorpark ordinance included in the staff report contains a significant gap in coverage. While it applies to rental multi-unit residences, it does not extend smokefree protections to owner-occupied multi-unit residences, like condominiums and townhomes.

All Port Hueneme residents of multi-unit properties should be able to breathe smokefree air at home and enjoy reduced health risks and fire risks. Secondhand smoke is an equal opportunity health hazard, regardless of whether a person rents or owns their unit. Port Hueneme families who live in owner-occupied multi-unit residences should not be left behind.

Port Hueneme would be in good company by joining the California communities with laws requiring all multi-unit housing properties to be 100% smokefree—including the 85% of communities that extend smokefree protections to both rental and owner-occupied properties.

Americans for Nonsmokers’ Rights also strongly supports including an expanded definition of smoking that includes both the use of vaping products, as well as cannabis smoking and vaping, which is very important given that exposure to all types of secondhand smoke, and aerosol from vaping products, poses health risks to residents. Likewise, the comprehensive definition will facilitate compliance, because it is easier to understand, communicate, implement, and enforce a policy when all types of smoking and vaping are treated equally.

Port Hueneme’s multi-unit residents should be able to breathe air that is free from all types of secondhand smoke exposure from both tobacco and cannabis. Cannabis should not be smoked or vaped inside multi-unit residences, just like it should not be smoked or vaped inside workplaces, because cannabis secondhand smoke and aerosol are sources of indoor pollution that poses health risks to non-users. While cannabis is now legal, it should not be used in ways that harm other people.

PO Box 2941, Berkeley, California 94702 • 510.841.3032 • nonsmokersrights.org ANR is a 501(c)(4) nonprofit lobbying organization and contributions are not tax deductible. Tax ID: #94- 598713
Action needs to be taken because secondhand smoke does not stay in the unit of a person who smokes.

Secondhand smoke can drift through multi-unit buildings and enter common areas and units occupied by non-smokers, where it becomes a nuisance and health risk to other residents. Research shows that up to 65% of the air in an apartment unit can come from other units in the building, and that secondhand smoke drifts under doors, through windows, hallways, and ventilation ducts, and through gaps around outlets, pipes, fixtures, and walls.

The Centers for Disease Control and Prevention (CDC) estimates that nearly 5 million California multiunit housing residents who keep a smokefree home are still exposed to a neighbor’s secondhand smoke. The U.S. Surgeon General confirmed that there is no risk-free level of exposure to secondhand smoke, and that exposure can have both short and long term health risks, especially for people with existing health conditions like asthma and other respiratory conditions, heart disease, and cancer.

Smokefree multi-unit housing can help address health disparities faced by low-income residents and communities of color living in multi-unit residences. The CDC reports that 2 in every 5 children— including 7 in 10 black children—remain exposed to secondhand smoke, and the U.S. Surgeon General confirmed that the home is the primary place children are exposed. Studies show high rates of exposure to secondhand smoke in low-income multi-unit housing, and lower-income individuals are also more likely to have health conditions that are exacerbated by secondhand smoke.

Smokefree multi-unit buildings create a healthier living environment for all residents, including people who smoke and their families. It’s important to note that a smokefree building does not mean that people who smoke have to quit and it does not require people who smoke to move out. People who smoke simply need to go outdoors to appropriate areas to do so.

All multi-unit residents in Port Hueneme deserve a stable and healthy living environment, including the right to breathe smokefree air at home.

Thank you for your leadership and desire to make Port Hueneme the best place to live, work, and visit.

Please feel free to contact me at 510-841-3045 if you have questions, comments, or feedback.

Sincerely,
Cynthia Hallett, MPH
President and CEO
Americans for Nonsmokers’ Rights is a national, member-based, not-for-profit organization based in Berkeley, CA that is dedicated to helping nonsmokers breathe smokefree air since 1976.

DATE: July 1, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Joan Stevens Smyth, City Attorney
SUBJECT: ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, REVISING THE CITY’S OUTDOOR

FLAGPOLE DISPLAY POLICY TO INCLUDE FLYING THE POW / MIA

FLAG ON SPECIFIED DATES
RECOMMENDATION:

It is recommended that the City Council consider whether to adopt a resolution entitled “Resolution of the City Council of the City of Port Hueneme, California, revising the City’s outdoor flagpole display policy to include flying the POW / MIA flag on specified dates”.

BACKGROUND/ANALYSIS:

On May 6, 2024 the City Council approved a resolution establishing an outdoor flagpole display policy. The policy outlines a procedure for the City Council to review requests to display commemorative flags below the City flag at City Hall. During the request for future agenda items portion of the meeting, Mayor Perez made a motion for a future consideration of flying the POW / MIA flag. The motion was seconded by Councilmember Hernandez and approved by a 4-0 vote.

Since 1979, U.S. Presidents have annually proclaimed the third Friday in September as National POW/MIA Recognition Day. Congress has enacted laws which designate the POW/MIA flag for display at specific buildings on National POW/MIA Recognition Day, Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day.

According to the City’s policy, City's flagpoles are designated as a platform for government speech and are not a public forum. The policy requires City Council approval in order to display commemorative flags. Naval Base Ventura County (the “Base”) is located within the City of Port Hueneme and is one of the City’s key strategic partners. The military is an essential part of the Port Hueneme community and the City has memberships on the Regional Defense Partnership and the Association of Defense Communities. Based on the important role the Base plays in our community and to honor those held in captivity Agenda Item No. 10 Page 1 of 6 CC Agenda 07-01-2024
Flag Policy – POW/MIA
July 1, 2024

and returned as well as those that remain missing, the City Council may wish to consider amending the outdoor flag policy to allow the POW/MIA flag to be flown at City Hall on the following five days each year:
- Armed Forces Day (3rd Saturday in May)
- Memorial Day (Last Monday in May)
- Independence Day (July 4)
- National POW/MIA Recognition Day (3rd Friday of September) - Veterans Day (November 11)
FISCAL IMPACT:

Personnel costs associated with raising and lowering the flags on the recommended 5 days will depend on if the days fall on working days for staff. For work on holidays and/or weekends, overtime costs may apply. Costs are estimated not to exceed $1,000 per year.

STRATEGIC PLAN:

Primary Strategic Pillars and Initiatives:

Optimal Levels of Service for Residents and Businesses
• Support and establish programs and events that created a strong sense of community pride and a connection to our history and heritage ATTACHMENTS:

A. Resolution including Exhibit A – Outdoor Flagpole Display Policy Agenda Item No. 10 Page 2 of 6 CC Agenda 07-01-2024
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, AMENDING THE CITY’S OUTDOOR FLAGPOLE DISPLAY POLICY
WHEREAS, the City of Port Hueneme displays the United States, State of California, and Municipal flags on various City-owned flagpoles; and
WHEREAS, the City Council desires to establish a flagpole policy for the outdoor display of flags on City-owned flagpoles, including commemorative flags other than the United States, California and Port Hueneme flags, in a manner which does not create a public forum; and WHEREAS, the City Council approved an Outdoor Flagpole Display Policy on May 6, 2024; and
WHEREAS, the City Council expressed its desire to consider amending said policy to incorporate the flying of the POW/MIA flag on specific dates each year.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2: The City of Port Hueneme hereby adopts the Outdoor Flagpole Display Policy, attached hereto as Exhibit A.

SECTION 3: This Resolution shall take effect immediately upon its passage.

SECTION 4: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 1
st day of July, 2024.

Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Attachment A
Agenda Item No. 10 Page 3 of 6 CC Agenda 07-01-2024
CC Resolution No. ___, Page 2 of 4

EXHIBIT A

CITY OF PORT HUENEME

OUTDOOR FLAGPOLE DISPLAY POLICY
POLICY:

The City of Port Hueneme’s outdoor flagpole display policy governs the outdoor display of flags of the United States, the State of California and commemorative flags on flagpoles at City-owned facilities.

In adopting this policy, the City Council declares that the City's flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal and State flags and any commemorative flag as may be authorized by the City Council as an expression of the City Council's official sentiments. The purpose of this policy is to provide procedural guidance for the outdoor display of flags on City-owned flagpoles.

DEFINITIONS:

City-owned flagpoles refers to the following locations:
- Port Hueneme City Hall, 250 N. Ventura Road
- Orvene S. Carpenter Community Center, 550 Park Avenue - Port Hueneme Historical Museum, 220 N. Market Street
PROCEDURE:

A. Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code; Sections 430 through 439 of the California Government Code; and this policy.

B. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, California State Flag, followed by any commemorative flags.

C. Where both the United States Flag and the California State Flags are flown, they shall be of the same size. (Section 436, California Government Code).

D. Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and state holidays, at a minimum. Commemorative Flags: The City's flag poles are not intended to serve as a forum for free expression by the public. The City shall display commemorative flags at City Hall only if authorized by a vote of the City Council as an expression of the City's official sentiments. The City Council shall consider a request to display a commemorative flag if such request is made pursuant to the process by which Councilmember’s may request future agenda items. Any such authorization shall only be given at a duly noticed meeting of the City Council. Commemorative flags shall be displayed on the flagpole that flies the City flag at Port Hueneme City Hall, directly under the City flag. Such flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but generally no longer than thirty-one (31) continuous days. If not flown on a dedicated flagpole, commemorative flags shall be displayed in the last position of honor.

Agenda Item No. 10 Page 4 of 6 CC Agenda 07-01-2024
CC Resolution No. ___, Page 3 of 4

EXHIBIT A
No flags promoting profit-making ventures, products or entities shall be flown. Neither shall flags which support, refer to or endorse (1) partisan political views on a particular subject or person, (2) a candidate for office, or (3) a ballot measure.

E. Only the U.S. President, Governor of California or Port Hueneme City Council can order the United States Flag or California State Flag to fly at half-staff. It shall be City custom to follow the lead of the federal and state governments when the President and / or Governor orders the flags to be flown at half-staff. Whenever the U.S. Flag is flown at half-staff, all displayed flags shall also be flown at half-staff.

F. The policy shall be subject to review and/or amendment by the City Council after each municipal election or more frequently if the Council deems appropriate.

G. Commemorative Flags that have been approved by the City Council to be displayed are as follows:

1. Pride Flag
o Flown June 1 – June 30

2. POW/MIA Flag
o Flown on the following dates:
- Armed Forces Day (3rd Saturday in May)
- Memorial Day (Last Monday in May)
- Independence Day (July 4)
- National POW/MIA Recognition Day (3rd Friday of September) - Veterans Day (November 11)
Agenda Item No. 10 Page 5 of 6 CC Agenda 07-01-2024
CC Resolution No. ___, Page 4 of 4

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

CITY OF PORT HUENEME )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ___ was duly adopted at the Regular meeting of the City Council on the 1
st day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 10 Page 6 of 6 CC Agenda 07-01-2024
DATE: July 1, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Cable, PE Principal Engineer
SUBJECT: SURFSIDE DRIVE IMPROVEMENTS INCLUDING PILOT PROGRAM

FOR RUBBERIZED RAISED MEDIANS AT THE INTERSECTION OF

SURFSIDE DRIVE AND MARKET STREET
RECOMMENDATION:

It is recommended the City Council receive information on city efforts to address concerns related to Surfside Drive, and approve the installation of a pilot program for placing painted and rubberized raised medians. This program aims to reduce the incentive to drive “doughnuts” (reckless driving maneuvers) and potentially calm traffic around the intersection and portions of Surfside Drive.

BACKGROUND/ANALYSIS:

The City has received numerous complaints from residents along Surfside Drive about “doughnuts” at the Market Street and Surfside Drive intersection. Staff has made efforts to address these issues, such as by increasing traffic enforcement (including the recently implemented motorcycle officer), however additional efforts are needed. To address the concerns, the City’s On-call Traffic Engineer was contacted to review the intersection and provide recommendations to address the complaint. The traffic engineer reviewed three alternatives, including converting the intersection to a roundabout, placing medians, and redesigning the intersection to a corner. Ultimately, the analysis results recommend installing painted medians with raised rubberized devices at the intersection as the most effective to address the doughnut issue. The installation of the raised medians would be a temporary solution to evaluate its effectiveness over a period of time. The duration of the pilot program would be 12 months, with regular assessments and potential adjustments based on observed outcomes and community feedback.

During this process, the City considered other Traffic-Calming measures to address the complaints. As noted above, increased traffic enforcement has been implemented.

Additionally, staff has identified a need for Rapid Flashing Beacons at an existing crosswalk location. Other options have been considered, such as adding speed cushions to Surfside Drive, however this option would likely not be effective in deterring donuts and Agenda Item No. 11 Page 1 of 72 CC Agenda 07-01-2024
Pilot Program Raised Medians
July 1, 2024

would have a possible negative impact in this area (and does not meet the City’s speed cushion policy) because it is an emergency vehicle access route and a bus route. Staff sought a solution that would address the doughnut issue without the negative impacts and recommends a pilot program to install rubberized raised medians.

The rubberized raised medians have been identified as a potential physical deterrent to prevent vehicles from performing the “doughnut” maneuvers. Some of the benefits of the installation include:
• Enhanced Safety: Raised medians act as a physical barrier, preventing vehicles from performing dangerous stunts and reducing the risk of accidents. • Property Protection: Medians can protect sidewalks, landscaping, and other public and private property from damage caused by reckless driving. • Aesthetic Improvement: Properly designed medians can enhance the visual appeal of streets, contributing to neighborhood beautification. • Cost-Effective: Once installed, raised medians require minimal maintenance and can be a long-term solution to a persistent problem.

This is the first time these would be installed in Port Hueneme; therefore, staff recommends initiating a pilot program. The pilot program will require an initial investment for the design and construction of raised medians. Funding can be allocated from the City’s Gas Tax fund. The Public Works Department is also investigating potential funding for this and/or other traffic calming projects from the Southern California Association of Governments (SCAG) Quick Build Program. Staff anticipates applying for a grant for traffic calming project in next year’s cycle.

FISCAL IMPACT:

The estimated cost for the pilot project is $10,000. However, at this time staff recommends that City Council authorize staff to utilize not-to-exceed $25,000 from the City’s speed cushion account, Project # ST2502, (to be renamed traffic calming account) as funding is available in that location. The additional funding would be available if any changes are needed during the pilot program.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors Agenda Item No. 11 Page 2 of 72 CC Agenda 07-01-2024
Pilot Program Raised Medians
July 1, 2024

ATTACHMENTS:

A. TKM Engineering Memo, Surfside Drive at Market Intersection Review, Dated June 26, 2023; prepared by Thomas Mericle, PE,TE
B. Preliminary Exhibit
C. Bus Lane Curb Specification Sheet
Agenda Item No. 11 Page 3 of 72 CC Agenda 07-01-2024
This Page Intentionally Left Blank
Agenda Item No. 11 Page 4 of 72 CC Agenda 07-01-2024

MEMORANDUM

DATE: June 2, 2023
TO: Mark Watkins
Acting Public Works Director
City of Port Hueneme
FROM: Thomas Mericle, PE, TE
Principal
TKM Engineering
SUBJECT: Surfside Drive at Market Street Intersection Review At the request of the City, TKM Engineering reviewed the intersection of Surfside Drive and Market Street to develop alternatives to reduce or eliminate the intersection’s use for street racing and “doughnuts.” A review of the TIMS collision database for the years 2011-2022 shows that there have been no reported collisions in the past 12 years.

Reviewed Alternatives
Several alternatives were reviewed as follows:
• Converting intersection from stop controlled to a roundabout.

Although it geometrically fits into the existing intersection, this alternative would not address the use of the location to drive “doughnuts” with a vehicle and may unintentionally encourage that behavior.

Attachment A
Agenda Item No. 11 Page 5 of 72 CC Agenda 07-01-2024
• Placement of a painted median with raised devices.

This alternative would add markings and raised devices through the intersection along the double yellow painted medians to channel traffic along a curved route and reduce the wide-open area. The recommendation could include the removal of the stop signs, but that is not necessary for an initial trial period. This layout would remove the incentive to drive “doughnuts” around the intersection. • Redesign of intersection to a corner.

This alternative would effectively convert the intersection into a permanent corner rather than an intersection with a driveway off the corner to access the gated frontage road. The recommendation would include the removal of the stop signs.

This layout would remove the incentive to drive “doughnuts” with a vehicle.

Agenda Item No. 11 Page 6 of 72 CC Agenda 07-01-2024

Recommendation
TKM Engineering recommends the installation of a painted median with the placement of raised devices to physically interrupt the wide-open space of the intersection, which would reduce certain undesirable driver behavior, such as driving in a circle within the intersection (“doughnuts”). Attached are brochures and price sheets for various devices from a manufacturer I recommend the City consider. Before deciding, I recommend discussing the device options with the manufacturer who has expressed an interest in working with the City on the project.

Attachments: Device brochures
Device pricing sheets
Agenda Item No. 11 Page 7 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Planter
Individual planter
w: 11 3/16 in
l: 3ft 3 3/8 in
h: 1ft 3 3/4 in
17 lb 10 oz
20 lb 16 oz of
CO2 equiv/u
Double planter
w: 11 3/16 in
l: 3ft 3 3/8 in
h: 2ft 3 9/16 in
35 lb 4 oz
41 lb 16 oz of
CO2 equiv/u Front View
Front View
Top View Top View
Cycle lane separator.

Accessible, inclusive, friendly streets with a small environmental footprint.

Stackable.

Water tank:

1.8 gal.

It is highly resistant
to impact.

With retroreflective
stripes. With four anchorage points
in the road surface.
®
®
Agenda Item No. 11 Page 8 of 72 CC Agenda 07-01-2024

WIDENING OF THE SIDEWALKS AND NARROWING OF
THE STREETS AT INTERSECTIONS.

Easily creates safe intersections.

DELIMITATION OF PEDESTRIAN ZONES.

Easily creates pedestrian-only areas.

PEDESTRIAN AREA
Create a separation between bikes and pedestrians.

BIKE LANE
Create a separation between bikes and car-traffic.

Zebra| Planter configurations.

Zebra® | Planter Available colors
Strip color customization.

Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2016
Design registration.

Ohim
003031186-0001
China
201630473011.1
Inapi Chile
D.I. 8693
United States Design Patent
US D857,550
United States Copyright
VA 2-124-296
Designer.

Curro Claret
Accessible, inclusive, friendly streets with a small environmental footprint. ® Agenda Item No. 11 Page 9 of 72 CC Agenda 07-01-2024
Planter
Individual planter
w: 300 mm
l: 1000 mm
h: 400 mm
8 kg
9,52 kg of
CO2 equiv/u
Double planter
w: 300 mm
l: 1000 mm
h: 700 mm
16 kg
19,04 kg of
CO2 equiv/u
Top View
Top View
Cycle lane separator.

Accessible, inclusive, friendly streets with a small environmental footprint.

Stackable.

Water tank:
7 liters.

It is highly resistant
to impact.

With retroreflective
stripes. With four anchorage points
in the road surface.

Front View
Front View
[email protected] zicla.com
+34 932 242 731
®
®
Agenda Item No. 11 Page 10 of 72 CC Agenda 07-01-2024

CORNER RADII
Easily creates safe intersections.

PEDESTRIAN PLAZA
Easily creates pedestrian-only areas.

PEDESTRIAN AREA
Create a separation between bikes and pedestrians.

BIKE LANE
Create a separation between bikes and car-traffic.

Zebra® | Planter configurations.

Zebra® | Planter Available colors
Strip color customization.

Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2016
Design registration.

Ohim
003031186-0001
China
201630473011.1
Inapi Chile
D.I. 8693
United States Design Patent
US D857,550
United States Copyright
VA 2-124-296
Designer.

Curro Claret
Accessible, inclusive, friendly streets with a small environmental footprint. ® Agenda Item No. 11 Page 11 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Zero
Zebra13 | Zero
w: 8 17/64 in
l: 2 ft 8 9/32 in
h: 5 1/8 in
13 lb 7 oz
11 lb 10 oz of
CO2 equiv/u
Zebra9 | Zero
w: 6 29/64 in
l: 2 ft 6 33/64 in
h: 3 35/64 in
7 lb 8 oz
8 lb 6 oz of
CO2 equiv/u
Front View
Front View
Top View Top View
Cycle lane separator to segregate traffic flows.

Accessible, inclusive, friendly streets with a small environmental footprint.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Almost 40% of its surface is
retroreflective.

With four anchorage points
in the road surface.
®
®
Agenda Item No. 11 Page 12 of 72 CC Agenda 07-01-2024
Zebra | Zero configurations.

OBLIQUE CONFIGURATION
A: 8ft 6 23/64 in (middle of the road). B: 4ft 3 3/16 in (near the intersection).

PARALLEL CONFIGURATION
A: 8ft 6 23/64 in (middle of the road). B: 4ft 3 3/16 in (near the intersection).

Blue Angel of
the material
Strip color customization.

Zebra13 | Zero Available colorsZebra9 | Zero Available colors Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2018
Design registration.

EUIPO
000974142-0001
002463877-0001/2/3
004068450-0001/2/3
Turk Patent Institusu
2014 08314
United States Copyright
TX 7-918-855
United States Design Patent
US D741, 739 S
Inapi Chile
D.I. 8.057
Argentina
92786
China
201730354160.0
China Copyright
00355777
00355781 Designer.

Curro Claret
Accessible, inclusive, friendly streets with a small environmental footprint.

To order please contact us by email at [email protected] or phone at (+34) 932 242 731. ®
Agenda Item No. 11 Page 13 of 72 CC Agenda 07-01-2024
Zero
Zebra® 13 | Zero
w: 210 mm
l: 820 mm
h: 130 mm
6,1 kg
5,27 kg of
CO2 equiv/u
Zebra® 9 | Zero
w: 164 mm
l: 775 mm
h: 90 mm
3,4 kg
3,81 kg of
CO2 equiv/u
Top View Top View
Front View Front View
Cycle lane separator to segregate traffic flows.

Accessible, inclusive, friendly streets with a small environmental footprint.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Almost 40% of its surface is
retroreflective.

With four anchorage points
in the road surface.
[email protected] zicla.com
+34 932 242 731
®
®
Agenda Item No. 11 Page 14 of 72 CC Agenda 07-01-2024
Zebra® | Zero configurations.

OBLIQUE CONFIGURATION
A: 2600 mm (middle of the road). B: 1300 mm (near the intersection).

PARALLEL CONFIGURATION
A: 2600 mm (middle of the road). B: 1300 mm (near the intersection).

Blue Angel of
the material
Strip color customization.

Zebra® 13 | Zero Available colorsZebra® 9 | Zero Available colors Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2018
Design registration.

Ohim
000974142-0001
002463877-0001/2/3
004068450-0001/2/3
Turk Patent Institusu
2014 08314
United States Copyright
TX 7-918-855
United States Design Patent
US D741, 739 S
Inapi Chile
D.I. 8.057
Argentina
92786
China
201730354160.0
China Copyright
00355777
00355781 Designer.

Curro Claret
Accessible, inclusive, friendly streets with a small environmental footprint. ® Agenda Item No. 11 Page 15 of 72 CC Agenda 07-01-2024
Zebra13
w: 8 17/64 in
l: 2 ft 8 9/32 in
h: 5 1/8 in
18 lb 12 oz
19 lb 13 oz of
CO2 equiv/u
Zebra9
w: 6 29/64 in
l: 2 ft 6 33/64 in
h: 3 35/64 in
9 lb 15 oz
12 lb 9 oz of
CO2 equiv/u
Zebra5
w: 4 23/32 in
l: 2 ft 5 29/64 in
h: 1 31/32 in
4 lb 3 oz
7 lb 2 oz of
CO2 equiv/u
Front View
Front View
Front View
Top View Top View
Top View
Cycle lane separator to segregate traffic flows.

Accessible, inclusive, friendly streets with a small environmental footprint.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface. Almost 40% of its surface is
retroreflective.

With three anchorage
points in the road surface.
[email protected] zicla.com
+34 932 242 731
®
®
Agenda Item No. 11 Page 16 of 72 CC Agenda 07-01-2024
Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2008
Design registration.

EUIPO
000974142-0001
002463877-0001/2/3
004068450-0001/2/3
Turk Patent Institusu
2014 08314
United States Copyright
TX 7-918-855
United States Design Patent
US D741, 739 S
Inapi Chile
D.I. 8.057
Zebra configurations.

OBLIQUE CONFIGURATION
A: 8ft 6 23/64 in (middle of the road). B: 4ft 3 3/16 in (near the intersection).

PARALLEL CONFIGURATION
A: 8ft 6 23/64 in (middle of the road). B: 4ft 3 3/16 in (near the intersection).

Strip color customization.

Argentina
92786
China
201730354160.0
China Copyright
00355777
00355781
00355778
Designer.

Curro Claret
Awards.
2009 Design for
Recycling
Best Recycled
Product 2011
2nd place
Zebra13 Zebra9 Zebra5 Available colors Available colors Available colors Accessible, inclusive, friendly streets with a small environmental footprint.

To order please contact us by email at [email protected] or phone at (+34) 932 242 731. ®
Agenda Item No. 11 Page 17 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Zebra® 13
w: 210 mm
l: 820 mm
h: 130 mm
8,5 kg
8,98 kg of
CO2 equiv/u
Zebra® 9
w: 164 mm
l: 775 mm
h: 90 mm
4,5 kg
5,69 kg of
CO2 equiv/u
Zebra® 5
w: 120 mm
l: 748 mm
h: 50 mm
2 kg
3,22 kg of
CO2 equiv/u
Front View
Top View Top View
Top View
Front View
Cycle lane separator to segregate traffic flows.

Accessible, inclusive, friendly streets with a small environmental footprint.

Front View
It is highly resistant to
impact.

It can be adapted to any
kind of road surface. Almost 40% of its surface is
retroreflective.

With three anchorage
points in the road surface.
®
®
Agenda Item No. 11 Page 18 of 72 CC Agenda 07-01-2024
Made in.

EU
Ecolabels.

DGQA
Certificates.
“Design for all,
1st good practice” year of
production.
2008
Design registration.

Ohim
000974142-0001
002463877-0001/2/3
004068450-0001/2/3
Turk Patent Institusu
2014 08314
United States Copyright
TX 7-918-855
United States Design Patent
US D741, 739 S
Inapi Chile
D.I. 8.057
Zebra® configurations.

Strip color customization.

Argentina
92786
China
201730354160.0
China Copyright
00355777
00355781
00355778
Designer.

Curro Claret
Awards.
2009 Design for
Recycling
Best Recycled
Product 2011
2nd place
Zebra® 13 Zebra® 9 Zebra® 5 Available colors Available colors Available colors Accessible, inclusive, friendly streets with a small environmental footprint.

OBLIQUE CONFIGURATION
A: 2600 mm (middle of the road). B: 1300 mm (near the intersection).

PARALLEL CONFIGURATION
A: 2600 mm (middle of the road). B: 1300 mm (near the intersection). ®
Agenda Item No. 11 Page 19 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Modular system to segregate traffic flows.
1 Front View
Top View
2 Front View
Top View
Accessible, inclusive, friendly streets with a small environmental footprint. Zipper® system Zero
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Modular system to segregate traffic flows.
1 Front View
Top View
2 Front View
Top View
Accessible, inclusive, friendly streets with a small environmental footprint. 1 2
2 1
Front view.

Almost 50% of its
surface is retroreflective.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Zipper® A: four anchorage points.

Zipper® B: three anchorage points.

Top view.

Zero
Zipper® | Zero A
w: 11 1/32 in
l: 11 1/32 in
h: 4 59/64 in
8 lb 8 oz
7 lb 5 oz of
CO2
equiv/u Front View
Top View
Zipper® | Zero B
w: 11 1/32 in
l: 11 1/32 in
h: 4 59/64 in
5 lb 7 oz
4 lb 11 oz of
CO2 equiv/u
2 Front View
Top View
Agenda Item No. 11 Page 20 of 72 CC Agenda 07-01-2024
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2020
Design registration.

Ohim
003654680-0001/0002
China
201730280266-0
201730280265-5
United States Copyright
VA 2-125-281
United States Design Patent
US D842,683 S
US D854,956
Zipper® configurations.

Awards.

Finalist

CORNER RADII
Easily creates safe intersections.

MINI ROUNDABOUT
Builds roundabouts quickly for safe intersections.

BAAB CONFIGURATION
A: 3ft 8 3/32 in (recommended distance between sets).

AA CONFIGURATION
A: 1ft 10 3/64 in (recommended distance between sets).

Ecolabels.

Accessible, inclusive, friendly streets with a small environmental footprint. Zipper® system Blue Angel of
the material
Surface painting customization.

Zipper® | Zero A Available colors Available colorsZipper® | Zero B Agenda Item No. 11 Page 21 of 72 CC Agenda 07-01-2024
Modular system to segregate traffic flows.
1 Front View
2 Front View
Top View
Accessible, inclusive, friendly streets with a small environmental footprint. 1 2
2 1
Front view.

Almost 50% of its
surface is retroreflective.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Zipper® A | Zero: four anchorage points.

Zipper® B | Zero: three anchorage points.

Top view.

Zipper® system
Zero
Zipper® B | Zero
w: 280 mm
l: 280 mm
h: 125 mm
2,48 kg
2,14 kg of
CO2
equiv/u
Zipper® A |Zero
w: 280 mm
l: 280 mm
h: 125 mm
3,86 kg
3,33 kg of
CO2
equiv/u Top View Top View
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Agenda Item No. 11 Page 22 of 72 CC Agenda 07-01-2024
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2020
Design registration.

EUIPO
003654680-0001/0002
China
201730280266-0
201730280265-5
United States Copyright
VA 2-125-281
United States Design Patent
US D842,683 S
US D854,956
Zipper® configurations.

Surface painting customization.

Awards.

Finalist
Zipper® A | Zero Available colors Available colorsZipper® B | Zero Ecolabels.

DGQA
Accessible, inclusive, friendly streets with a small environmental footprint. Zipper® system Blue Angel of
the material

WIDENING OF THE SIDEWALKS AND NARROWING OF

THE STREET AT INTERSECTIONS
Easily creates safe intersections.

MINI ROUNDABOUT
Builds roundabouts quickly for safe intersections.

BAAB CONFIGURATION
A: 1120 mm (recommended distance between sets).

AA CONFIGURATION
A: 560 mm (recommended distance between sets).

Agenda Item No. 11 Page 23 of 72 CC Agenda 07-01-2024
Zipper® A
w: 11 1/32 in
l: 11 1/32 in
h: 4 59/64 in
11 lb 7 oz
18 lb 2 oz of
CO2
equiv/u
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Modular system to segregate traffic flows.

Sistema
1 Front View
Top View
Zipper® B
w: 11 1/32 in
l: 11 1/32 in
h: 4 59/64 in
7 lb 15 oz
14 lb 15 oz of
CO2
equiv/u
2 Front View
Top View
Accessible, inclusive, friendly streets with a small environmental footprint. 1 2
2 1
Front view.

Almost 50% of its
surface is retroreflective.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Zipper® A: four anchorage points.

Zipper® B: three anchorage points.

Top view.

Zipper® system
Agenda Item No. 11 Page 24 of 72 CC Agenda 07-01-2024
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2017
Design registration.

Ohim
003654680-0001/0002
China
201730280266-0
201730280265-5
United States Copyright
VA 2-125-281
United States Design Patent
US D842,683 S
US D854,956
Zipper® configurations.

Surface painting customization.

Awards.

Finalist
Zipper® A Available colors Available colorsZipper® B

CORNER RADII
Easily creates safe intersections.

MINI ROUNDABOUT
Builds roundabouts quickly for safe intersections.

BAAB CONFIGURATION
A: 3ft 8 3/32 in (recommended distance between sets).

AA CONFIGURATION
A: 1ft 10 3/64 in (recommended distance between sets).

Ecolabels.

DGQA
Accessible, inclusive, friendly streets with a small environmental footprint. Zipper® system Agenda Item No. 11 Page 25 of 72 CC Agenda 07-01-2024
Zipper® A
w: 280 mm
l: 280 mm
h: 125 mm
5,2 kg
8,21 kg of
CO2
equiv/u
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Modular system to segregate traffic flows.

Sistema
1 1
2 2
1 Front view.

Almost 50% of its
surface is retroreflective.

It is highly resistant to
impact.

It can be adapted to any
kind of road surface.

Zipper® A: four anchorage points.

Zipper® B: three anchorage points.

Top view.

Front View
Zipper® B
w: 280 mm
l: 280 mm
h: 125 mm
3,6 kg
6,78 kg of
CO2
equiv/u
2 Front View
Accessible, inclusive, friendly streets with a small environmental footprint.

Top View Top View
Zipper® system
Agenda Item No. 11 Page 26 of 72 CC Agenda 07-01-2024
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2017
Design registration.

Ohim
003654680-0001/0002
China
201730280266-0
201730280265-5
United States Copyright
VA 2-125-281
United States Design Patent
US D842,683 S
US D854,956
Zipper® configurations.

Surface painting customization.

Awards.

Finalist
Zipper® A Available colors Available colorsZipper® B

CORNER RADII
Easily creates safe intersections.

MINI ROUNDABOUT
Builds roundabouts quickly for safe intersections.

BAAB CONFIGURATION
A: 1120 mm (recommended distance between sets).

AA CONFIGURATION
A: 560 mm (recommended distance between sets).

Ecolabels.

DGQA
Accessible, inclusive, friendly streets with a small environmental footprint. Zipper® system Agenda Item No. 11 Page 27 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Main Module
w: 1ft 4 17/32 in
l: 1 ft 4 17/32 in
h: 7 3/32 in
Main Module
with hinge
w: 1ft 4 17/32 in
l: 1 ft 6 57/64 in
h: 7 3/32 in
Front curbs
w: 5 15/32 in
l: 2 ft 3 9/16 in
h: 7 3/32 in
21 lb 14 oz
26 lb 2 oz of
CO2 equiv/u
Ramp to the
sidewalk
w: 2 ft 3 9/16 in
l: 1 ft 7 59/64 in
h: 1 37/64 in
1 2 3 5
Modular system to improve accessibility in the streets.

Accessible, inclusive, friendly streets with a small environmental footprint. Vectorial® System Right & left curbs
w: 5 15/32 in
l: 2 ft 9 1/32 in
h: 7 3/32 in
24 lb 11oz
28lb 12 oz of
CO2 equiv/u
4 Ramp to the
road
w: variable measure
l: variable measure
Variable weight
1 2
5 4
3 Non-slip surface.

It has retroreflecting stripes.

It is highly resistant to
impact.

It allows the installation of
canopies, pole signs, bollards,
traffic lights, benches, etc.

The surface texture and color
can be both personalized.
23 lb 9 oz
19 lb 13 oz of
CO2 equiv/u
26 lb
21 lb 10 oz of
CO2 equiv/u
40 lb 9 oz
69 lb 6 oz of
CO2 equiv/u
Agenda Item No. 11 Page 28 of 72 CC Agenda 07-01-2024
Patent.

Spanish office
Patent and Trademark
200930858

FLOATING ISLAND BOARDER
40ft BUS (42 ft 2 7/8 in x 8 ft 11 1/4 in).

BIKE LANE BOARDER WITH ACCESS BRIDGE
40ft BUS (42 ft 2 7/8 in x 14 ft 5 3/8 in).

BOARDING BULB STOP
40ft BUS (42 ft 2 7/8 in x 9 ft 10 1/4 in).

SHARED CYCLE TRACK BOARDER
40ft BUS (57 ft 5 in x 9 ft 10 1/4 in).

TACTILE DIRECTIONAL SURFACE

COLOR CUSTOMIZATION

TACTILE WARNING SURFACE
Optionally, the main modules and ramp to the sidewalk can include tactile surface or be painted of different colors to comply with local regulations.

Vectorial® System configurations.

Universal design elements.

Available colors
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2009
Design registration.

Ohim
001757261-0001/2
008171466-0001/2/3
United States copyright
Tx 7-906-875
Awards.
2011 Design for
Recycling awards
Ecolabels.

DGQA
Accessible, inclusive, friendly streets with a small environmental footprint. Vectorial® System Agenda Item No. 11 Page 29 of 72 CC Agenda 07-01-2024
Ramon Turró 100-104 ~ 4º 3ª
08005 Barcelona (Spa)
[email protected] zicla.com
+34 932 242 731
Main Module
w: 420 mm
l: 420 mm
h: 180 mm
Main Module
with hinge
w: 420 mm
l: 480 mm
h: 180 mm
Front curbs
w: 139 mm
l: 700 mm
h: 180 mm
9,93 kg
11,85 kg of
CO2 equiv/u
Ramp to the
sidewalk
w: 700 mm
l: 506 mm
h: 40 mm
1 2 3 5
Modular system to improve accessibility in the streets.

Accessible, inclusive, friendly streets with a small environmental footprint. Vectorial® System Right & left curbs
w: 139 mm
l: 839 mm
h: 180 mm
11,2 kg
13,03 kg of
CO2 equiv/u
4 1
2 5
4 3
Non-slip surface.

It has retroreflecting stripes.

It is highly resistant to
impact.

It allows the installation of
canopies, pole signs, bollards,
traffic lights, benches, etc.

The surface texture and color
can be both personalized.

Ramp to the
road
w: variable measure
l: variable measure
10,7 kg Variable weight
8,98 kg of
CO2 equiv/u
11,8 kg
9,82 kg of
CO2 equiv/u
18,4 kg
31,46 kg of
CO2 equiv/u
Agenda Item No. 11 Page 30 of 72 CC Agenda 07-01-2024
Patent.

Spanish office
Patent and Trademark
200930858

FLOATING ISLAND BOARDER
12m BUS (12,87 m x 2,72 m).

BIKE LANE BOARDER WITH ACCESS BRIDGE
12m BUS (12,874 m x 4,4 m).

BOARDING BULB STOP
12m BUS (12,87 m x 3 m).

SHARED CYCLE TRACK BOARDER
12m BUS (17,5 m x 3 m).

TACTILE DIRECTIONAL SURFACE

COLOR CUSTOMIZATION

TACTILE WARNING SURFACE
Optionally, the main modules and ramp to the sidewalk can include tactile surface or be painted of different colors to comply with local regulations.

Vectorial® System configurations.

Universal design elements.

Available colors
Made in.

EU
Certificates.
“Design for all,
good practice” 1st year of
production.
2009
Design registration.

Ohim
001757261-0001/2
008171466-0001/2/3
United States copyright
Tx 7-906-875
Awards.
2011 Design for
Recycling awards
Ecolabels.

DGQA
Accessible, inclusive, friendly streets with a small environmental footprint. Vectorial® System Agenda Item No. 11 Page 31 of 72 CC Agenda 07-01-2024
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Agenda Item No. 11 Page 68 of 72 CC Agenda 07-01-2024

SURFSIDE DR VENTURA RD MARKET ST
EXHIBIT 1

SURFSIDE RAISED MEDIAN PILOT PROGRAM
1ST PHASE

CITY OF PORT HUENEME
PUBLIC WORKS DEPARTMENT 11 Q:\everyone\041 - Engineering Division\Projects\2023\2023 Surfside Raised Curb Medians\2023-12-06 Surfside Exhibitdwg.dwg, 12/6/2023 9:38:44 AM, DWG To PDF.pc3, ARCH full bleed D (36.00 x 24.00 Inches), 1:1 Attachment B
Agenda Item No. 11 Page 69 of 72 CC Agenda 07-01-2024
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Agenda Item No. 11 Page 70 of 72 CC Agenda 07-01-2024
Bus lanes reduce delays due to traffic congestion and help raise the visibility of the high-quality transit service. RubberForm has designed and developed a modular bus lane curbing system that will keep unauthorized vehicle traffic out of these dedicated bus lanes.

Definition: Bus Rapid Transit (BRT) has been defined by the FTA as a “rapid mode of transportation that can provide the quality of rail transit and the flexibility of buses.” In TCRP Report 90 (1), the definition of BRT was expanded to “a flexible, rubber-tired form of rapid transit that combines stations, vehicles, services, running ways, and ITS elements into an integrated system with a strong image and identity.” BRT is an integrated system of features, services, and amenities that improves the speed, reliability, and identity of bus transit. – Reference: NACTO & Federal Transit Administration Bus lanes have the potential to significantly improve bus speeds and reliability. For transit agencies, bus lanes can result in shorter running times, which in turn lead to increased reliability, decreased schedule recovery times, and reduced operating cost. For bus passengers, bus lanes can decrease in-vehicle travel times as well as reduce average waiting times at stops and vehicle crowding resulting from the improved reliability – increasing the attractiveness of transit and potentially increasing transit ridership. However, these benefits are not solely achieved through the design and installation of a bus lane. Sufficient public support for regulating the use of bus lanes and enforcing those regulations are key factors. Effective design, education and outreach strategies are critical during both the planning and post-implementation phases, and all play critical roles in achieving the potential benefits of bus lanes. - Reference:

Metropolitan Washington Council of Governments
Bus Rapid Transit Practitioner’s Guide: https://nacto.org/docs/usdg/ tcrp118brt_practitioners_kittleson.pdf
• 100% incredibly-durable
recycled composite rubber and
plastic compound material
• Includes 4 molded holes for easy
installation with lag screw bolts
• Resistant to temperature
variations, UV light, oils /fuels,
salts, moisture and damagewithout tearing, chipping,
cracking or crumbling
• Extremely durable: tough enough
for heavy traffic impacts
• Flexible: conforms to road
curvature and any asphalt or
concrete surface
• Economical and easy to maintain
• Easy to install, remove and
relocate - for temporary or
permanent installation
• Patent Pending
• Made in the U.S.A.
100% Recycled
Material UV Resistant
Made in the
USA
LEED
Certified
Bus Lane Curb
Features:

Tel: (626) 257-8328 | [email protected]
www.sharpline-solutions.com
Attachment C
Agenda Item No. 11 Page 71 of 72 CC Agenda 07-01-2024
Bus Lane Curb Specifications
Models:

RF-BLC40YLW
• Bus Lane Curb Center Module

RF-BLCECYLW
• Bus Lane Curb End Cap
Hardware:

RF-BLCL40HWK
• (4) 1/2” x 8” Lag bolts
• (4) 1/2” x 3” Shields
• (4) 1/2” x 1-1/16” Washers
• (4) Rubber caps
• (1) Dog bone connector

RF-BLCECHWK
• (3) 1/2” x 8” Lag bolds
• (3) 1/2” x 3” Shields
• (3) 1/2” x 1-1/16” Washers
• (3) Rubber caps
• (1) Dog bone connector
Specifications:

RF-BLC40YLW
• 3.5”H x 14”W x 40”L
• Plain black
• Injection molded
• 4 yellow reflective stripes

RF-BLCECYLW
• 3.5”H x 14”W x 14”L
• Plain black
• Injection molded
• 1 large yellow reflective stripe
3'-4"
1'-2"
A A
Yellow
reflective
stripes (4)

DETAIL F
SCALE 1 : 4

CONNECTOR DETAIL

1.28(4) FOR DRAINAGE 3
8 "
F
SECTION A-A 1/2" LAG BOLT

ANCHOR SYSTEM
(4 TYP.)
3 1
2 "
1 1
2 "
Radius on top for water dispersion
1/8" drop over radius.

RF-BLC404LW

RF-BLCECYLW

COUNTERBORE
FOR 1/2 LAG BOLT
3 PLCS

YELLOW REFLECTIVE TAPE
1'-2"
3 1
2 "

EXTERIOR PROFILE TO MATCH

BUS LANE CURB
1'-2"
Tel: (626) 257-8328 | [email protected]
www.sharpline-solutions.com
Agenda Item No. 11 Page 72 of 72 CC Agenda 07-01-2024
DATE: July 1, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
SUBJECT: MEASURE “U” RECOMMENDATION TO PROVIDE GRAFFITI REMOVAL KITS
RECOMMENDATION:

It is recommended that City Council receive the Measure “U” Committee’s recommendation to purchase and provide approximately 100 graffiti removal kits to Port Hueneme residents.

BACKGROUND/ANALYSIS:

At the March 27, 2024 Transaction Use Tax & Citizens Oversight Committee meeting, the topic of graffiti was discussed as a potential use for Measure U. Staff shared information indicating that the Hueneme Police Department is aware of the increased activity and has been focusing on this issue. In addition, the City strives to immediately respond to graffiti being present on public property by acting swiftly to remove or paint over the graffiti to discourage future acts of vandalism.

During the meeting, the issue of graffiti being present on private property was also discussed. Unlike public property, staff is not able to remove or cover up graffiti on private property. As a solution, the idea of purchasing graffiti removal kits to distribute to those whose properties were vandalized was discussed and received positive feedback from the commission. Other cities have also created similar programs to help address graffiti on private properties. This provides a benefit to the community because it helps ensure that graffiti on private property is removed quickly, improving the aesthetics of the community and reducing the impact of the graffiti.

With the City Council’s approval, the City plans to purchase approximately 100 Graffiti Removal Citizens Kits from Urban Restoration Group US, Inc. The City plans to purchase 50 graffiti removal kits for sensitive surfaces, which include painted walls, metals and plastics, and 50 graffiti removal kits for bare brick, stone and masonry. The graffiti removal kits include a bucket containing the removal solution for the desired surface, volunteer brush, gloves, goggles, towel, and instructional guide for how to use the products. The Agenda Item No. 12 Page 1 of 5 CC Agenda 07-01-2024
Purchase of Graffiti Removal Kits
July 1, 2024

graffiti removal kits for back brick, stone, and masonry also contain an iron scrubbing brush.

The graffiti removal kits are estimated to cost approximately $25 after taxes and shipping estimates provided by Urban Restoration Group US, Inc. The estimated total cost of the 100 graffiti removal kits is $2,500. The graffiti removal kits will be made available to be picked up by community members if their property is vandalized by graffiti, while supplies last. Recipients will be required to prove residency within the City of Port Hueneme, and will sign an acknowledgement and waiver to receive the kits.

FISCAL IMPACT:

The cost of drafting the staff report and sufficient funds for the purchase of the graffiti removal kits are available in the City’s annual budget. Staff time is estimated to be negligible as the kits will be available to be picked up by community members if their property is vandalized by graffiti.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Strategic Partnerships
• Identify and organize Issue-Centric Focus Groups/Teams to optimally deploy shared resources
ATTACHMENT:

A. Graffiti Removal Citizen’s Kit webpage
Agenda Item No. 12 Page 2 of 5 CC Agenda 07-01-2024
All You Need To Succeed
In Graffiffiti Removal &
Surface Protection
Search Products, Surfaces
Home / Product Overview / Value Deals & Starter Pack
Graffiti Removal Citizen's Kit
R
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C
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M
M
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D
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D
P
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D
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Single Kit Case of 12 2+ Cases
$23.50ea $21.75ea $20.00ea
Kit 1, Sensitive Surfaces: Item# A0110
Single Kit Case of 12 2+ Cases
$23.50ea $21.75ea $20.00ea
Kit 2, Bare Brick, Stone & Masonry: Item #A0120
Select Your Kit Below
Kit 1: Sensitive Surface Graffiti Remo 1 $23.50
Final costs including case quantity discounts will be displayed in shopping cart.

HOME PRODUCTS HOW TO BUY EXPERT ADVICE DEMO GALLERY RESOURCES ABOUT U      1 Ad d To Ca rt
Find Your Local Distributor
Used by thousands of volunteers to remove hundred of thousands of graffiti tags. These graffiti removal kits are perfect for your city's 'Adopt a Block' campaign. Prevent the spread of graffiti vandalism economically, by mobilizing volunteers in your community.

CITIZEN'S KIT 1 CONTAINS:
12oz Sensitive Surface Graffiti Remover
Volunteer Brush
2 Gloves, Goggles & Towel
Instructional Guide
CITIZEN'S KIT 2 CONTAINS:
16oz Bare Brick, Stone & Masonry Graffiti Remover
Iron Scrubbing Brush
Volunteer Brush
2 Gloves, Goggles & Towel
Instructional Guide
Available in cases of 12.

CUSTOM LABELING IS AVAILABLE UPON REQUEST.

Demo Product Info SDS & Technical Data Shipping Info Guarantee & Disclaimer   Reviews Attachment A
Agenda Item No. 12 Page 3 of 5 CC Agenda 07-01-2024
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CONTACT US
Urban Restoration Group, US Inc.
5439 San Fernando Rd. W.

Los Angeles, CA 90039 USA
Tel: 818-247-2555
Toll Free: 888-747-9247
Fax: 818-247-2515
Email: [email protected]
Agenda Item No. 12 Page 4 of 5 CC Agenda 07-01-2024
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Agenda Item No. 12 Page 5 of 5 CC Agenda 07-01-2024