Agenda packet — Port Hueneme City Council, September 3, 2024 (part 2 of 2)

STRATEGIC PLAN:

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

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
Agenda Item No. 08 Page 2 of 4 CC Agenda 09-03-2024
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, WAIVING FEES ASSOCIATED WITH THE FRIENDS OF THE PORT HUENEME LIBRARY’S USE OF THE ORVENE S. CARPENTER

COMMUNITY CENTER
WHEREAS, the Friends of the Port Hueneme Library is a 501(c)3, non-profit organization, dedicated to supporting essential library programming through volunteerism and fundraising activities; and
WHEREAS, the City Community Center provides a venue suitable for meetings, events, and activities that support community enrichment and engagement; and WHEREAS, members of the Friends of the Port Hueneme Library has submitted a request to host an annual high tea event at the City Community Center on October 20, 2024 due to their displacement during the library closure, to serve as a fundraising event in support of their mission; and
WHEREAS, waiving fees for the use of the City Community Center by the Friends of the Port Hueneme Library demonstrates the City’s support for community organizations that contribute to educational initiatives and promote a strong sense of community pride.

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

SECTION 1: The City Council of Port Hueneme hereby authorizes all fees associated with the Friends of the Port Hueneme Library use of the City Community Center October 20, 2024 to be waived.

SECTION 2: The City Council of Port Hueneme authorizes the City Manager to execute all necessary agreement, contracts or permits as may be required for this event.

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 3
rd day of September, 2024.

Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Attachment A
Agenda Item No. 08 Page 3 of 4 CC Agenda 09-03-2024
CC Resolution No. ___, Page 2 of 2

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 3rd day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 08 Page 4 of 4 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Georgianna Alvarez, City Clerk
SUBJECT: 2024 CONFLICT OF INTEREST CODE BIENNIAL REVIEW & ADOPTION RECOMMENDATION:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Port Hueneme, California, Amending and Adopting a Conflict of Interest Code”; and approve and authorize the City Clerk to file the 2024 Local Agency Biennial Notice for the City of Port Hueneme, Housing Authority, Successor Agency Oversight Successor Board, and Surplus Property Authority.

BACKGROUND/ANALYSIS:

The Political Reform Act (Government Code §81000 et. seq.) requires that state and local government agencies adopt Conflict of Interest Codes and review them biennially to determine if the Code is current or in need of amendment. Staff was directed to review the Conflict of Interest Codes of the City of Port Hueneme, Housing Authority, Successor Agency Oversight Board, and Surplus Property Authority, pursuant to Government Code Section 87306.5.

Following a comprehensive review, staff has determined that there are amendments that need to be made to positions and disclosure categories. The proposed changes meet the statutory and regulatory requirements and are summarized below and in full detail in Attachment B.

The following position/disclosure category changes are recommended:

Add New Positions
• Associate Planner (Disclosure Category 3, 6)
• Confidential Administrative Analyst (Disclosure Category 1, 2) • Citizens Advisory Commissioners (Disclosure Categories 1, 2) • Housing Programs Manager (Disclosure Categories 1, 2, 8) • Public Works Program Manager – Solid Waste (Disclosure Categories 5, 6) Agenda Item No. 09 Page 1 of 17 CC Agenda 09-03-2024
Conflict of Interest Code Biennial Review
September 3, 2024

Page 2 ends

• Public Works Program Manager – Waste Water (Disclosure Categories 5, 6) • Transactions and Use Tax Citizens Oversight Committee Members (Disclosure Categories 1, 2)
Modification to Position Title
• General Water Manager to Water General Manager (Disclosure Category 5, 6) • Community Development Director to Community and Economic Development Director (Disclosure Category 1, 2, 8)
• Human Resources Manager to Human Resources/Risk Manager (Disclosure Category 5, 9)
• Public Works Supervisor to Public Works Landscape Manager (Disclosure Categories 5, 6)
• Recreation Programs Manager to Recreation and Community Services Programs Manager (Disclosure Category 5)
Revise Disclosure Categories
• Disclosure categories have been redefined (as shown below) and therefore, all positions have been assigned new disclosure categories.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City or within two (2) miles of any land owned or used by the City or the Housing Authority.

Category 3: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City or the Housing Authority.

Category 5: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, which are subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

Agenda Item No. 09 Page 2 of 17 CC Agenda 09-03-2024
Conflict of Interest Code Biennial Review
September 3, 2024

Page 2 ends

Category 7: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that provide information technology or telecommunication goods, products or services, including computer hardware or software companies, computer consultant services, IT training companies, data processing firms, and media services.

Category 8: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that receive grants or other funding from or through the City or the Housing Authority.

Miscellaneous Changes
• Article 2 filers and Officials who manage public investments have been incorporated for reference.
• City Boards, Commissions, and Committees separated out • Consultants defined
FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

A. Resolution including Conflict of Interest Code (Final) B. Conflict of Interest Code (Redlined)
C. 2024 Local Agency Biennial Notice
Agenda Item No. 09 Page 3 of 17 CC Agenda 09-03-2024
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, AMENDING AND ADOPTING THE CONFLICT OF INTEREST

CODE OF THE CITY OF PORT HUENEME AND RESCINDING RESOLUTION NO. 4423
WHEREAS, the Port Hueneme City Council previously adopted Resolution No. 4423 amending and adopting the Conflict of Interest Code of the City of Port Hueneme; and WHEREAS, the City Council desires to add positions that must be designated; revise the titles of existing positions; revise the disclosure categories of existing positions; and delete titles of positions that have been eliminated and/or positions that no longer make or participate in making governmental decisions.

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

SECTION 1: The Conflict of Interest Code of the City of Port Hueneme so adopted by this Resolution amends and replaces any Conflict of Interest Code of the City of Port Hueneme previously in effect.

SECTION 2: The Political Reform Act (Government Code Section 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the provisions of 2 California Code of Regulations Section 18730, and any amendments to it duly adopted by the FPPC, are hereby incorporated by reference. This regulation and the attached Exhibits “A” and “B”, listing designated positions/employees and establishing disclosure categories, constitute the Conflict of Interest Code of the City of Port Hueneme. The City of Port Hueneme is considered the "agency" within the purview of this Code.

SECTION 3: The City Clerk shall be and perform the duties of Filing Officer for the City of Port Hueneme. Individuals holding designated positions shall file their Statement of Economic Interests (FPPC Form 700) with the City Clerk. Officials required to file by state law shall file electronically with the FPPC or submit a paper copy to the City Clerk who shall make and retain copies and forward the originals to the FPPC via certified mail. All other statements will be retained by the City Clerk. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008.

SECTION 4: Exhibit “A” (Listing Government Code Section 87200 et seq. [Regs §18730(b)(3)] Article 2 Filers, Officials Who Manage Public Investments, Designated Employees and their disclosure categories) attached hereto amends and supersedes all previous versions of this attachment to the City’s Conflict of Interest Code.

SECTION 5: Exhibit “B” (Explanation of Disclosure Categories) attached hereto amends and supersedes all previous versions of this attachment to the City’s Conflict of Interest Code.

SECTION 6: Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or Attachment A
Agenda Item No. 09 Page 4 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 2 of 7
accruing under any other Conflict of Interest Code, nor shall affect any prosecution, suit or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.

SECTION 7: This Resolution shall take effect immediately upon its passage.

SECTION 8: The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 3
rd day of September, 2024.

Misty Perez
Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 09 Page 5 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 3 of 7
EXHIBIT “A”

DESIGNATED CITY OF PORT HUENEME POSITIONS AND DISCLOSURE CATEGORIES The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.
1 New Positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the Code until which time their position and disclosure category has been added and defined in the Code.

DESIGNATED POSITION

DISCLOSURE

CATEGORY(IES)
Assistant Planner ………………………………………………………………………... 3, 6
Associate Planner ……………………………………………………………………….. 3, 6
Building Official ....................................................................................................... 3, 6 Chief of Police ........................................................................................................ 1, 2 City Clerk ................................................................................................................ 4 Community and Economic Development Director ................................................... 1, 2, 8 Community Development Programs Manager ........................................................ 4, 6 Confidential Administrative Analyst ……………………………………………………. 1, 2 Deputy City Attorney ............................................................................................... 1, 2 Deputy City Manager .............................................................................................. 1, 2, 9 Deputy Finance Director ……………………………………………………………...... 1, 2, 8 Deputy Public Works Director ………………………………………………………….. 1, 2 Finance Director *See Other Officials Who Manage Public Investments ………….. * Housing and Facilities Director …………………………………………………………
(Also serves as the Executive Director of the Hueneme Housing Inc) 1, 2, 8
Housing Programs Manager ……………………………………………………………. 1, 2, 8 Human Resources/Risk Manager ……………………………………………………… 5, 9 Information Systems Manager …………………………………………………………. 5, 7 New Positions1......………………………………………………………………………. 1, 2
Agenda Item No. 09 Page 6 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 4 of 7

CONSULTANTS
Designated Consultants2 Disclosure Requirements
Consultants who make (not just
recommend) governmental decisions, such
as whether to approve a rate, rule, or
regulation, whether to issue, deny, suspend,
or revoke any permit, license application,
certificate or similar authorization, adopt or
grant City approval to a plan, design, report,
study, or adopt or grant City approval of
All reportable interests in real property in the
jurisdiction; reportable income and business
positions; reportable investments; and
reportable gifts, unless the City Manager
determines in writing that a particular
consultant is hired to perform a range of duties
that is limited in scope and thus is not required
to fully comply with the disclosure
requirements described in the section.3
2 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements. 3 The City Manager (or his/her designee) may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s (or his/her designee’s) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Government Code Section 81008.) Police Commander ................................................................................................. 1, 2 Police Support Services Manager............................................................................ 1, 2 Principal Engineer ……………………………………………………………………….. 1, 2
Public Works Director .........................................................,.................................... 1, 2 Public Works Landscape Manager …………………………………………………….. 5, 6 Public Works Program Manager – Solid Waste ………………………………………. 5, 6 Public Works Program Manager – Waste Water ……………………………………... 5, 6 Recreation and Community Services Programs Manager .……………………...... 5 Senior Engineer ..………………………………………………………………………... 5, 6
Water General Manager ………………………………………………………………… 5, 6

CITY BOARDS, COMMISSIONS, AND COMMITTEES

DISCLOSURE

CATEGORY(IES)
Citizen Advisory Commissioners 1, 2
Public Members of the Port Hueneme Housing Authority 1, 2 Transaction and Use Tax Citizens Oversight Committee Members 1, 2 Agenda Item No. 09 Page 7 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 5 of 7
policies, standards, or guidelines for the City
or any subdivision thereof.

Consultants who serve in a staff capacity
with the City, and in that capacity participate
in making a governmental decision by
providing information, an opinion, or a
recommendation for the purpose of affecting
the decision without significant intervening
substantive review.

Disclosure required at the same level as a
comparable designated position in the same
or similar City Department identified
elsewhere in this Code.

Consultants who perform the same or
substantially all the same duties for the
City that would otherwise be performed by an
individual holding a designated position in the
City’s Conflict of Interest Code.

Disclosure required at the same level as the
comparable designated position identified
elsewhere in this Code.

ARTICLE 2 FILERS
Government Code Section 87200 et seq. [Regs. §18700.3(b)] The Mayor and City Councilmembers (who also serve as the Port Hueneme Housing Authority Members, Port Hueneme Successor Agency Members, Port Hueneme Surplus Property Authority Members, and Members of the Hueneme Housing Inc.), City Manager (who also serves as the Executive Director for the Port Hueneme Housing Authority, Port Hueneme Successor Agency, and Port Hueneme Surplus Property Authority), City Attorney, and City Treasurer, are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200 et seq. Listed below for reference are their disclosure categories.

POSITION DISCLOSURE CATEGORIES
Mayor and City Councilmembers ………..…………………… Reference GC 87200-87210 City Manager ......................................................................... Reference GC 87200-87210 City Attorney .......................................................................... Reference GC 87200-87210 City Treasurer ....................................................................... Reference GC 87200-87210

OTHER OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Government Code Section 87200 et seq. [Regs. §18700.3(b)(1)]

POSITION DISCLOSURE CATEGORIES
Finance Director …………………………..…………………… Reference GC 87200-87210 Financial Consultant .……………………..…………………… Reference GC 87200-87210 Agenda Item No. 09 Page 8 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 6 of 7
EXHIBIT “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interest that the designated position must disclose for each disclosure category to which he or she is assigned.4 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the past two years in the jurisdiction of the City.

Category 9: All investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, that during the reporting period filed a claim or has a claim pending before the City or the Housing Authority. 4 This Conflict of Interest Code does not require the reporting of gifts from outside the Agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. §18730.1) Agenda Item No. 09 Page 9 of 17 CC Agenda 09-03-2024
CC Resolution No. ____, Page 7 of 7

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 09 Page 10 of 17 CC Agenda 09-03-2024
EXHIBIT “A”

DESIGNATED CITY OF PORT HUENEME EMPLOYEES AND DISCLOSURE CATEGORIES The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.

The following positions entail the making or participation in the making of decisions that may foreseeably have a material effect on financial interests:

DESIGNATED POSITION 1

DISCLOSURE

CATEGORY(IES)

CATEGORY
Assistant Planner ………………………………………………………………………... 23, 6
Associate Planner ……………………………………………………………………….. 3, 6
Building Official ....................................................................................................... 13, 6 Chief of Police ........................................................................................................ 1, 2 City Clerk ................................................................................................................ 24 Community and Economic Development Director ……............................................ 1, 2, 8 Community Development Programs Manager ........................................................ 24, 6 Consultant 1............................................................................................................. 1 Confidential Administrative Analyst ……………………………………………………. 1, 2 Deputy City Attorney ............................................................................................... 1, 2 Deputy City Manager .............................................................................................. 1, 2, 9 Deputy Finance Director ……………………………………………………………...... 1, 2, 8 Deputy Public Works Director ………………………………………………………….. 1, 2 Emergency Preparedness and Communications Manager …………………………. 2 1 The Mayor, City Council, Planning Commission Members, City Manager, City Attorney, and City Treasurer/ Finance Director are all required to file disclosure statements pursuant to state law and comply with all of the requirements of the Political Reform Act and thus are not included herein. 1 Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitation: The City Manager (or his/her designee) may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section.

Such written disclosure shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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Attachment B
Agenda Item No. 09 Page 11 of 17 CC Agenda 09-03-2024
Finance Director *See Other Officials Who Manage Public Investments …………... 1* General Water Manager ………………………………………………………………… 1
Housing and Facilities Director ...……………………………………………………… (Also serves as the Executive Director of the Hueneme Housing, Inc.) 1, 2, 8
Human Resources/Risk Manager ……………………………………………………… 25, 9 Information Systems Manager …………………………………………………………. 25, 7 New Positions2......………………………………………………………………………. 1, 2
Police Commander ................................................................................................. 1, 2 Police Support Services Manager............................................................................ 1, 2 Principal Engineer ……………………………………………………………………….. 1, 2
Public Members of the Housing Authority Board ……………………………………... 1, 2 Public Works Director .........................................................,.................................... 1, 2 Public Works Supervisor Landscape Manager ………............................................. 25, 6 Public Works Program Manager – Solid Waste ………………...…………………….. 5, 6 Public Works Program Manager – Waste Water ……………………………………... 5, 6 Recreation and Community Services Programs Manager …………..…………...... 25 Senior Engineer ………………………………………………………………………... 15, 6
Water General Manager ………………………………………………………………. 5, 6

CONSULTANTS
2 New Positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the Code until which time their position and disclosure category has been added and defined in the Code.

CITY BOARDS, COMMISSIONS, AND COMMITTEES

DISCLOSURE

CATEGORY(IES)
Citizen Advisory Commissioners 1, 2
Public Members of the Port Hueneme Housing Authority 1, 2 Transaction and Use Tax Citizens Oversight Committee Members 1, 2 Formatted: Left
Formatted: Font: 9 pt
Formatted Table
Formatted Table
Formatted Table
Formatted: Left, Tab stops: Not at 1.5"
Agenda Item No. 09 Page 12 of 17 CC Agenda 09-03-2024
Designated Consultants3 Disclosure Requirements
Consultants who make (not just
recommend) governmental decisions, such
as whether to approve a rate, rule, or
regulation, whether to issue, deny, suspend,
or revoke any permit, license application,
certificate or similar authorization, adopt or
grant City approval to a plan, design, report,
study, or adopt or grant City approval of
policies, standards, or guidelines for the City
or any subdivision thereof.

All reportable interests in real property in the
jurisdiction; reportable income and business
positions; reportable investments; and
reportable gifts, unless the City Manager
determines in writing that a particular
consultant is hired to perform a range of duties
that is limited in scope and thus is not required
to fully comply with the disclosure
requirements described in the section.4
Consultants who serve in a staff capacity
with the City, and in that capacity participate
in making a governmental decision by
providing information, an opinion, or a
recommendation for the purpose of affecting
the decision without significant intervening
substantive review.

Disclosure required at the same level as a
comparable designated position in the same
or similar City Department identified
elsewhere in this Code.

Disclosure required at the same level as the
comparable designated position identified
elsewhere in this Code.

POSITION DISCLOSURE CATEGORIES
3 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements. 4 The City Manager (or his/her designee) may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s (or his/her designee’s) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Government Code Section 81008.) Agenda Item No. 09 Page 13 of 17 CC Agenda 09-03-2024
Mayor and City Councilmembers ………..…………………… Reference GC 87200-87210 City Manager ......................................................................... Reference GC 87200-87210 City Attorney .......................................................................... Reference GC 87200-87210 City Treasurer ....................................................................... Reference GC 87200-87210

OTHER OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Government Code Section 87200 et seq. [Regs. §18700.3(b)(1)]

POSITION DISCLOSURE CATEGORIES
Finance Director …………………………..…………………… Reference GC 87200-87210 Financial Consultant .……………………..…………………… Reference GC 87200-87210 Formatted: Tab stops: 0.97", Left
Formatted: Left, Tab stops: 0.97", Left + Not at 1.5"
Agenda Item No. 09 Page 14 of 17 CC Agenda 09-03-2024
EXHIBIT “B”

DISCLOSURE CATEGORIES
Categories of Reportable Economic Interests
The disclosure categories listed below identify the types of economic interest that the designated position must disclose for each disclosure category to which he or she is assigned.5 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the past two years in the jurisdiction of the City.

Designated Persons in Category "1" Must Report:
5 This Conflict of Interest Code does not require the reporting of gifts from outside the Agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. §18730.1) Agenda Item No. 09 Page 15 of 17 CC Agenda 09-03-2024
All investments, interests in real property, income and a business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within or subject to the jurisdiction of the City of Port Hueneme, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City of Port Hueneme, or has done business within an area subject to the jurisdiction of the City of Port Hueneme at any time during the two years prior to the filing of the statement.

Designated Persons in Category "2" Must Report:

A. All investments in real property located within or subject to the jurisdiction of the City of Port Hueneme.

B. Investments in any business entity that within the last two years has a contracted or in the future foreseeably may contract with the City of Port Hueneme.

C. Income from any source that within the last two years has contracted or in the future foreseeably may contract with the City of Port Hueneme.

D. His or her status as a director, officer, partner, trustee, employee or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City
Agenda Item No. 09 Page 16 of 17 CC Agenda 09-03-2024
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Attachment C
Agenda Item No. 09 Page 17 of 17 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Robert Albertson, Police Commander
SUBJECT: AUTHORIZATION TO ENTER INTO A SOLE-SOURCE PROFESSIONAL

SERVICES AGREEMENT WITH VENTURA COUNTY PUBLIC HEALTH
RECOMMENDATION:

It is recommended that City Council authorize the City Manager to execute a sole-source Agreement with Ventura County Public Health (VCPH) to subcontract services needed to implement and/or support program activities for the Proposition 64 Public Health and Safety Grant Program Cohort 3 through October 31, 2028.

BACKGROUND/ANALYSIS:

On February 5, 2024, City Council took the following actions:

1. Adopted a Resolution of the City Council of the City of Port Hueneme, California, Authorizing the City’s Participation in the Proposition 64 Public Health and Safety Program Cohort 3; and

2. Accepted the awarded Proposition 64 Public Health and Safety Grant Program funds subject to the terms and conditions specified in the grant agreement, and authorize the City Manager or his designee, to sign the agreement and any related documents and amendments; and

3. Approved a revenue agreement with the California Board of State and Community Corrections, Contract No. BSCC 958-22, in the amount of $2,646,665.00 for the term of May 1, 2023 through October 31, 2028, for the Proposition 64 Public Health and Safety Grant Program Cohort 3; and

4. Authorized the City Manager to execute a sole-source Agreement with the Boys and Girls Club of Greater Oxnard and Port Hueneme (BGCOP) to subcontract services needed to implement and/or support program activities for the Proposition 64 Public Health and Safety Grant Program Cohort 3 through October 31, 2028; and
Agenda Item No. 10 Page 1 of 78 CC Agenda 09-03-2024
Ventura County Public Health
September 3, 2024

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5. Authorized the City Manager to execute an Agreement with Damooi Global Research, Inc, pursuant to PHMC § 2564(b) to design Proposition 64 Public Health and Safety Grant Program Cohort 3 evaluation, provide the annual progress evaluations, and prepare the final evaluation to determine the project effectiveness.

This project will be operated by the Port Hueneme Police Department as the lead agency.

It will be an enhancement of The Cannabis Enforcement and Teen Intervention Program (CETIP), which was originally implemented under the Cohort 2 funding and will address the impact of Proposition 64 on the residents of the City of Port Hueneme in Ventura County. With the highest concentration of cannabis retail in the United States, this has created an increase in youth access to cannabis in our community as well as adjacent communities.

The Cannabis Enforcement and Teen Intervention Program (CETIP) will provide strategic regulation and enforcement through regular dispensary inspections, software audits, minor decoy operations, and Responsible Cannabis Server training courses. This project will reduce cannabis to the 2,550 youth, ages 11-20, living in Port Hueneme.

Intervention/prevention programs will be offered to youth, ages 11-18, who have been cited or suspended from school for cannabis intoxication/possession and referred by police or school police resource officers. Through an expansion of the Boys and Girls Club of Oxnard and Port Hueneme's Brent's Club Program, at least 480 youth will be referred to the 8-week, twice weekly program, which is designed to hone youths’ decisionmaking and critical-thinking skills to help make healthy choices and avoid and/or resist drugs, alcohol, tobacco, and premature sexual activity. Weekly saliva drug testing and sobriety incentives are also provided. It has been shown that youth development programs can greatly mitigate the effects of increased drug use among youth.

Project partners include: 1) Boys and Girls Club of Greater Oxnard and Port Hueneme; 2) Oxnard Union High School District and 3) Hueneme Elementary School District for youth referrals to the Brents Club Program and follow-up; 4) Oxnard Police Department Resource Officers at the schools will oversee and liaise with the Port Hueneme Police Department and Boys and Girls Club to ensure referrals, records, evaluation surveys, and follow-up are completed; 5) Ventura County Public Health will augment youth cannabis prevention training materials. This project has wide community support, as indicated by the Letter of Support from the Ventura County District Attorney’s Office and the above listed stakeholders.

The City’s purchasing guide and procurement requirements provide for exemptions from the competitive bidding process. Among these is an exemption for the acquisition of goods or services that can only be provided by one source, pursuant to Municipal Code Section 2564(a).

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Ventura County Public Health
September 3, 2024

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One of the primary objectives of the CETIP project is to improve community public health about cannabis use prevention among minors by engaging and deploying a dedicated Public Health Educator (PHE) from VCPH to engage, educate, and collaborate with Port Hueneme middle and high school staff, the City of Port Hueneme Police Department (PHPD) and youths participating in the digital storytelling program and its related community impacts. In addition, the PHE will serve as the Boys and Girls Club of Greater Oxnard and Port Hueneme liaison to the nine Port Hueneme school partners and will conduct training for PHPD officers about youth-focused cannabis health prevention models tailored for law enforcement use.

Staff recommends a sole-source agreement because VCPH is uniquely qualified to offer the programming required to meet the objectives and the record keeping requirements of the grant project as approved by BSCC.

One of VCPH’s four core areas of provided services is Education and Prevention. With over 400 staff members, VCPH has the expertise, staffing and structure in place to ensure that referrals, records, evaluation surveys, training, education and follow-up are completed, and to provide documentation that the overarching goal of the grant project is met, which is to address the impact of Proposition 64 on the residents of the City of Port Hueneme and Ventura County.

FISCAL IMPACT:

The grant funds will cover 100% of the VCPH program expenses required to meet the objectives of the grant. Approval of this action would not result in appropriation of funds.

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
Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders ATTACHMENTS:

A. Professional services agreement between City of Port Hueneme and Ventura County Public Health.

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Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 3, 2024 , by and between the City of Port Hueneme, a municipal corporation (“City”) and, Ventura County Public Health (VCPH), a Governmental Agency, who individually may be referred to herein as a “Party,” and jointly as the “Parties.”

RECITALS
A. On November 30, 2022, the City entered into a Grant Agreement with the Board of State and Community Corrections (BSCC). The purpose of the grant is to fund projectsthat assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

B. In accordance with the provisions of the Grant Agreement, the City may subcontract services needed to implement and/or support program activities for the Grant.

C. The City desires to enter into this Agreement with Ventura County Public Health (VCPH) to recruit and hire a certified/licensed full-time Public Health Educator (PHE) with a background in public health campaigns and promotions. The PHE will engage youth in the development of cannabis-focused digital storytelling videos and public service announcements, improve community public health and safety by engaging, educating, and collaborating with Port Hueneme middle and high school staff, participatory youth, cannabis dispensary employees and officers of the Port Hueneme Police Department.

AGREEMENT

SERVICES

1. Scope of Services
A. Ventura County Health Department shall furnish the services (the “Services”) described in the Scope of Work to be Performed attached hereto as Exhibit "A" and incorporated herein by this reference (the “Proposal”).

2. Familiarity with Work.

A. VCPH warrants that it has thoroughly investigated and considered the scope and nature of the Services, has carefully considered how the Services should be Attachment A
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performed and fully understands the facilities, difficulties and restrictions associated with performance of the Services under this Agreement.

B. Should the VCPH subsequent to the execution of this Agreement, discover any conditions that may materially affect the performance of the Services hereunder, it shall immediately inform City of such fact and shall not proceed in the performance of Services without written instructions from City except at its own risk.

3. Standard of Care. Services shall be performed by the VCPH Public Health Educator in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of this profession currently practicing in California. By delivery of completed work, VCPH certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care in California. VCPH shall perform the Services in conformance to and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed.

4. Terms of Grant Agreement Govern. In the event of conflict between this Agreement and the Grant Agreement, which is attached hereto as “Exhibit B” and incorporated herein by this reference, the terms of the Grant Agreement shall govern. VCPH is directed to the requirements as contained in Appendix L-Work Plan of the Grant Agreement.

5. Independent Evaluation. VCPH is responsible for making an independent evaluation and judgment of all conditions affecting performance of the Services, including, without limitation, applicable federal, state and local laws and regulations, and all other contingencies or considerations. Information, opinions, reports, investigations, and other similar information provided by City relating to the Services is not warranted or guaranteed, either expressly or impliedly, by City.

6. Licenses.

A. VCPH represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required to practice its profession as well as perform the Services.

B. VCPH represents and warrants to City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Professional to practice its profession.

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C. VCPH shall maintain a valid City business license.

COMPENSATION – GRANT REIMBURSEMENT

7. Compensation:

Grant Reimbursement to be paid to VCPH shall be in the amount and paid in accordance with the description set forth in Exhibit “C.” In no event shall compensation exceed six hundred fifty thousand, nine hundred seventy-three dollars ($650,973) for Public Health Educator services related to Prop 64 Cohort 3 without additional written authorization from City.

8. Payment.

A. VCPH shall submit billings to City pursuant to the amounts outlined in Exhibit “C" describing the work performed. VCPH invoice shall include a brief description of the Services performed, the date the Services were performed, and a description of any reimbursable expenditures (if provided for in the Proposal). Reimbursable expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. City shall pay Professional no later than 30 days after approval of the monthly invoice by City staff.

PERFORMANCE SCHEDULE

9. Time of Performance.

The term for Prop 64 Cohort 3 shall begin May 1, 2023 and expire on October 31, 2028.

10. Time of Essence. Time is of the essence in the performance of this Agreement.

COORDINATION OF WORK

11. Independent Professional. Neither City nor any of its employees shall have any control over the manner, mode or means by which VCPH, its agents or employees, perform the Services, except as otherwise set forth herein or in the Proposal. City shall have no voice in the selection, discharge, supervision or control of VCPH employees, servants, representatives or agents, or in Agenda Item No. 10 Page 7 of 78 CC Agenda 09-03-2024

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fixing their number, compensation or hours of service. It is understood and agreed that VCPH, in the performance of the Services, shall act as and be an independent consultant and shall not act as or be considered an agent or employee of City. VCPH shall obtain no rights to retirement benefits or other employment benefits that accrue to City’s employees, and it hereby expressly waives any claim it may have to any such rights.

11. Conflicts of Interest.
a. VCPH (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the City or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of the Services. VCPH further covenants and represents that in the performance of the Services no person having any such interest shall perform any services under this Agreement.
b. The City has determined that VCPH is not a designated employee within the meaning of the Political Reform Act.
c. VCPH Public Health Educator hereby certifies and warrants that it has no illegal interest in this Agreement and has taken no action on behalf of the City that would characterize it, its agents, employees, or officers as public officers for the purposes of Government Code section 1090.
d. VCPH Public Health Educator certifies and warrants that it did not participate in the Proposition 64 PH&S Scoring Panel, which would prevent it from receiving Grant Funding.

12. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the VCPH reputation, experience and competence of VCPH. Assignments of any or all rights, duties or obligations of VCPH under this Agreement will not be permitted.

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RECORDS AND REPORTS

13. VCPH shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the VCPH work on the project in accordance with generally accepted accounting principles consistent with Exhibit D of the BSCC Agreement.

VCPH will also maintain documentation of donated goods and/or services along with the basis for said valuation in connection with this Agreement. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

14. VCPH shall make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. VCPH shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

15. VCPH shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period. Access to program records will be made available for a period of three (3) years following the end of the grant period.

Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the VCPH address indicated for receipt of notices in this Agreement.

Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of VCHP, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and Agenda Item No. 10 Page 9 of 78 CC Agenda 09-03-2024

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documents shall be granted to any party authorized by VCPH, VCPH’s representatives, or VCPH’s successor-in-interest, unless confidential.

16. Licensing of Intellectual Property.
a. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by VCPH under this Agreement ("Documents and Data").
b. VCPH represents and warrants that it has the legal right to license any and all Documents and Data it provides to City under this Agreement.

17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to VCPH in connection with the performance of this Agreement shall be held confidential by VCPH. VCPH shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the Services under this Agreement nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. VCPH shall not use City's name or insignia, photographs relating to any project for which VCPH’s services are rendered, or any publicity pertaining to the VCPH”s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

18. Public Records Act. VCPH is aware that materials prepared, utilized, or curated in the course of providing the Services may be subject to the California Public Records Act (Gov. Code §§ 7250 et seq.). VCPH agrees that it will provide any any all documents responsive to any public records request received to the City within five (5) days of such a demand from the City. City shall have the sole discretion in responding to and producing documents responsive to the any such Public Records Act request. Should VCPH wish to prevent disclosure of any materials or documents based on any legal theory, VCPH must file a reverse Public Records Act action or take any other action at law or equity to protect its interests.

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INSURANCE

20. Insurance Requirements.

A. Policies. VCPH, at its own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.

1. Workers Compensation Coverage. VCPH shall maintain Workers Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, VCPH shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by VCPH for City. This provision shall not apply if VCPH has no employees performing work under this Agreement. If VCPH has no employees for the purposes of this Agreement, VCPH shall provide City with a signed Certificate of Exemption from Workers Compensation Insurance in a form acceptable to City.

2. General Liability Coverage. VCPH shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. VCPH shall maintain automobile liability insurance covering bodily injury and property damage for all activities of VCPH arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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4. Professional Liability Coverage. VCPH shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from VCPH’s performance of the Services under this Agreement, whether such performance is by VCPH, or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) per occurrence.

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall endorsed with the following specific language:

1. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of VCPH, including materials, parts or equipment furnished in connection with such work or operations.

2. This policy shall be considered primary insurance as respects City, and/or its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention by City, shall be considered excess insurance only and shall not contribute to VCPH’s insurance.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against City, and its elected or appointed officers, officials, employees or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by City.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions applicable to VCPH must be declared to and approved by City. At City’s option, VCPH shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

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D. Certificates of Insurance. VCPH shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

1. Indemnity. To the fullest extent permitted by law, VCPH shall indemnify, defend (with independent counsel approved by City) and hold harmless City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of VCPH or the acts or omissions of an employee, agent or subcontractor of City. In the event that a third- party institutes such an action against City which pertains to the Services, whether VCPH is named or not, VCPH shall provide a defense of said action at its sole expense with counsel approved by City, and shall indemnify City from any costs or expenses related to said action and any judgments rendered therein. No settlement of such an action may occur without the express written consent of City. The provisions of this paragraph survive completion of the Services or the termination of this Agreement.

MISCELLANEOUS

20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and VCPH with respect to the Services. All prior written and oral communications, including correspondence, drafts, memoranda, and representations pertaining to the Services, are superseded in total by this Agreement.

21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provisions under this Agreement. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

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

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23. Controlling Law Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be held exclusively in a Superior Court in the County of Ventura.

24. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party (or any third- party institutes such an action naming City) arising out of this Agreement and/or the Services, the prevailing party as between City and VCPH shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

25. Authority to Enter Agreement. VCPH has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. VCPH warrants that the individual(s) who has signed this Agreement has the legal power, right, and authority to make this Agreement and to bind VCPH. City shall not be bound to this Agreement until such time as the City Council has approved its execution by the Mayor of the City, and the Mayor has in fact executed it.

26. Termination. City may terminate this Agreement immediately for cause. City may terminate this Agreement without cause upon fifteen days written notice of termination.

Upon termination, VCPH shall be entitled to compensation for services performed up to its receipt of the notice of termination.

27. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: James Vega
City Manager
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
If to Consultant:

28. Debarment. VCPH represents and warrants that it has not been debarred by any federal, state, or local government relating to grant funding. VCPH warrants that it will Agenda Item No. 10 Page 14 of 78 CC Agenda 09-03-2024

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immediately notify the City in the event of any debarment, disqualification, suspension, or removal from any federal, state, or local grant program throughout the term of this Agreement.

29. Russian Economic Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding economic sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

As a contractor/consultant submitting a bid/proposal to perform work or provide services on a State grant-funded project, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russiarelated-sanctions.

By submitting a bid/proposal, contractor/consultant represents that it is not a target of economic sanctions. Should it be determined that contractor/consultant is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the contractor/consultant’s bid/proposal at any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination of said contract.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both VCPH and City and approved as to form by the City Attorney.

31. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

32. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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by City or for any amount which may become due to VCPH, or to its successor or assigns, or for breach of any obligation of the terms of this Agreement.

34. Prohibited Interests. VCPH maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for VCPH to solicit or secure this Agreement. Further, VCPH warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for VCPH any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

35. Equal Opportunity Employment. VCPH represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, natural origin, physical handicap, sexual orientation or domestic partnership status. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

36. Commencement of Services. VCPH shall not commence performance the Services until this contract has been approved by the City and notification to proceed has been issued by the City Manager or designee. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

SIGNATURES APPEAR ON FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above.

CITY OF PORT HUENEME PROFESSIONAL
____________________________ ___________________________ Misty Peretz, Mayor
By: ________________________
___________________________
Name – typed or printed
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Title: _______________________
ATTEST:
____________________________
Georgianna Alvarez, City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
_____________________________ ____________________________ James Vega, City Manager Joan Stevens Smyth, City Attorney Agenda Item No. 10 Page 17 of 78 CC Agenda 09-03-2024

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EXHIBIT “A”
The Ventura County Public Health agency will support the proposed Cannabis Enforcement and Teen Intervention Project (CETIP) by recruiting and hiring a certificated/licensed full-time Public Health Educator (PHE) with a background in public health campaigns and promotions. The PHE will lead this creative, prevention model and be responsible for:
1) Engaging youth in the development of cannabis-focused digital storytelling videos and public service announcements
2) Supervising the young digital storytellers as they teach their peers about behaviors that promote wellness and encourage healthy decisions with specific emphasis on cannabis use prevention
3) Monitoring the sharing of the youth-produced videos across appropriate social media channels, platforms, and school assemblies.
4) Improve community public health and safety by engaging, educating and collaborating with Port Hueneme Middle and High School staff, participatory youth, cannabis dispensary employees and officers of the Port Hueneme Police Department Exhibit A to Attachment A
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EXHIBIT “B”
BSCC Grant Agreement (attached)
Exhibit B to Attachment A
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VENTURA COUNTY PUBLIC HEALTH AGREEMENT – PROP 64
COHORT 3
EXHIBIT “C”
The Ventura County Health Agency Public Health Educator budget is $650,973 for the term of the grant (May 1, 2023 to October 31, 2028).

The budget represents a 0.5 FTE position with the following salary and cost of living adjustments.

Year 1 - Salary at $80,000 *
Year 2 - Cost of Living Adjustments of 7.0 % *
Year 3 to Year 5 – Cost of Living Adjustments of 5.0% * *Includes fringe benefits at 45% each year.

Under no circumstance will a budget item change be authorized and/or reimbursed to VCPH that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

Exhibit C to Attachment A
Agenda Item No. 10 Page 78 of 78 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Dennis Martinez, Water General Manager
SUBJECT: AUTHORIZATION TO PURCHASE WORK TRUCK
RECOMMENDATION:

It is recommended that the City Council authorize the purchase of a vehicle for the water division and an appropriation of funds in the amount of $55,361, utilizing a cooperative purchasing agreement through Sourcewell Contract No. 091521-NAF.

BACKGROUND/ANALYSIS:

The Water Division is seeking to purchase a pool vehicle for water administration staff.

This vehicle will support field operations, allowing staff to efficiently travel to job sites for meetings with contractors and city staff, conduct inspections, and oversee ongoing projects. Additionally, it will be used for attending various training sessions necessary for maintaining and enhancing the skills of our water division personnel. This truck will significantly improve the division's ability to respond to on-site needs and ensure that our projects and operations are carried out effectively.

Currently, the Water Division, Wastewater Division, and Solid Waste share a single pool vehicle. This shared arrangement has led to scheduling conflicts and has impacted our ability to provide timely and effective service. The proposed purchase of this vehicle will resolve these issues by ensuring that the Water Division has dedicated transportation, thereby improving our capacity to meet operational demands and support our field teams efficiently.

The acquisition is being made through the Sourcewell purchasing agreement, which leverages the national purchasing power of more than 50,000 member agencies while streamlining the required purchasing process. As a municipal national contracting agency, Sourcewell establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint Powers laws enable members to legally purchase through Sourcewell’s awarded contracts.

Agenda Item No. 11 Page 1 of 3 CC Agenda 09-03-2024
Truck Purchase
September 3, 2024

Page 2 ends

Sourcewell offers members contract purchasing solutions that are leveraged nationally, enabling contracted suppliers and member agencies to work more efficiently. By establishing a business and service alliance between member buyers and contracted suppliers, Sourcewell ensures a valued and successful national cooperative contract program.

FISCAL IMPACT:

Approval of this action would require an appropriation of $55,361 for the purchase of a truck for the water division in Account No. 301-560-5602 Water Operations Fund- Capital Vehicles. The estimated fund at June 30, 2025 including this appropriation is $10,464,291.

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 ATTACHMENTS:

A. Quote
Agenda Item No. 11 Page 2 of 3 CC Agenda 09-03-2024
One Unit
Subtotal $50,905.80
Tax (8.7500 %) $4,454.26
Total $55,360.06
Jesse Cooper Quoting Department
National Fleet Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
8/13/2024 Quote ID: 29385RL
Mr Dennis Martinez
City of Port Hueneme
250 N Ventura Rd
Port Hyeneme, California, 93041
Dear Mr Dennis Martinez,
National Auto Fleet Group is pleased to quote the following vehicle(s) Upfit, (Sourced Item) and Accessories for your consideration.

One (1) New/Unused (Sourced Chevrolet Silverado 2024 VIN: PZ191411) , each for - per the attached specifications. Delivery not included This vehicle(s) Upfit is available under the Sourcewell Contract 091521-NAF. Please reference this Bid number on all purchase orders.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
8/13/24, 3:23 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/29385 2/3 Attachment A
Agenda Item No. 11 Page 3 of 3 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Community and Economic Development Director Jose Coyotl, Associate Planner
SUBJECT: ADOPT A RESOLUTION GRANTING SPECIAL USE PERMIT NO. 11-24

TO ALLOW THE PORT OF HUENEME OXNARD HARBOR DISTRICT TO
HOST THE 11TH ANNUAL PORT OF HUENEME BANANA FESTIVAL AND

FIND THE EVENT EXEMPT FROM CEQA
RECOMMENDATION:

It is recommended the City Council:

1. Open the public hearing to take testimonial and documentary evidence; and

2. Close the public hearing and consider the evidence; and

3. Adopt a Resolution approving Special Use Permit No. 11-24 (Banana Festival); and

4. Find the project (Special Use Permit No. 11-24) to be categorically exempt from CEQA; and

5. Take such additional, related, action that may be desirable.

BACKGROUND/ANALYSIS:

OVERVIEW:

The applicant, the Port of Hueneme – Oxnard Harbor District, is seeking permission through a temporary Special Use Permit ("SUP") to hold a community event named the “11th Annual Port of Hueneme – Banana Festival” on Saturday, September 28, 2024, between the hours of 10:00 a.m. and 5:00 p.m. The festival’s goal is to provide the community with a cultural celebration offering a diverse mix of food, music, shopping, and activities showcasing the Port of Hueneme. Admission to the festival is complimentary.

The majority of the festival will be held within the Port of Hueneme’s “Sunkist Lot” generally located south of 105 E. Port Hueneme Road. It should be noted that unlike in years past, the festival has expanded and is proposed to feature a static vintage car show along South Market Street and West Surfside Drive. As with past Banana Festival events, it is anticipated the event will be attended by approximately 10,000 patrons per day.

Agenda Item No. 12 Page 1 of 41 CC Agenda 09-03-2024
Special Use Permit No. 11-24 – Banana Festival
September 3, 2024

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The applicant is proposing a variety of components for the proposed festival. The general entrance to the event will be located on Market Street and a VIP entrance on the corner of Market and Seaview Streets.

The Port of Hueneme’s Sunkist Lot will be used to host the majority of the festival. The festival's main area will include over 70 food and retail vendors scattered between a food truck area and a general retail vendor exhibition area. Static displays will be scattered throughout the event area displaying industrial/commercial machinery used by the Port to educate the public about Port operations. To further immerse guests in Port operation logistics complimentary land and boat tours will be provided. Other main event components include a live art exhibition, a children’s recreation show, resource vendor kiosks, a tour check-in booth, a main stage, alcohol service stations, a VIP pavilion, and general portable restroom areas.

STATIC VINTAGE CAR SHOW
To expand on the cultural offerings and to create a welcoming entrance, a static car show featuring approximately 130 vintage vehicles is planned on the public street area of Market Street and Surfside Drive. Display vehicles will be arranged and parked before the festival and be on display until the conclusion of the festival. An award show is planned to occur at 3:30 PM.

ENTERTAINMENT
Live entertainment will occur on the main stage within the Sunkist Lot and along the main entrance adjacent to the car show off Market Street and Surfside Drive. The applicants are currently working on finalizing the event headliners. More information regarding the live entertainment as it becomes available, as well as about the event in general, can be found online at: https://bananaportfest.com/entertainment/

TRAFFIC CONTROL AND PARKING
To aid in securing the festival's main entrance area and to provide space for the static vintage car show, Market Street is proposed to be closed south of the Anacapa View Beach Homes driveway and Surfside Drive will be closed west of Surfside I’s community driveway (Shoreview Drive). Additionally, a soft street closure is proposed on Market Street south of Seaview Street which will be made accessible for residents of the Anacapa View Beach Homes community. The street closures will commence on Saturday, September 28 at 4:00 a.m. and reopen at 6:00 p.m. The Port Hueneme Police Department and Port Hueneme Police Explorers will be utilized at key pedestrian crossings and vehicular turnaround areas. The public will be notified of traffic circulation changes one week before the festival with the use of two digital sign boards located on Ventura Road at Clara Street and Hueneme Road. Temporary directional signage will also be deployed on Channel Islands Boulevard and Ventura Road to aid festival guests with event parking, main entrance, and shuttle locations.

Agenda Item No. 12 Page 2 of 41 CC Agenda 09-03-2024
Special Use Permit No. 11-24 – Banana Festival
September 3, 2024

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Festival guests are encouraged to use taxi and rideshare services to the event. A rideshare pickup and drop-off-loading area will be provided at 105 E. Port Hueneme Road. Alternatively, free parking for event guests will occur in Parking Lots “A”, “B”, “C”, “E”, and along Surfside Drive. Accessible parking spaces, along with one-hour parking for Surfside Seafood patrons, will be available at Lot “A”. A free ADA-compliant shuttle will be provided with pickup locations from all beach parking lots from 9:00 a.m. to 6:30 p.m.

SECURITY
Medallion Protective Services will provide the security for the event and will have 15 uniformed guards stationed in and around the site. All patrons entering the festival area will be screened by security. Port Hueneme Police Department (PHPD) staff will also be available to handle any escalating issues.

An information/first aid booth will be located near the main entrance. Medical emergencies will be handled by the Ventura County Fire Department and a licensed EMS provider. A Festival Command Post will also be located in this area.

FISCAL IMPACT:

Since the festival has requested a temporary suspension of parking fees during the event, revenues typically generated from paid beach parking in Lots “A”, “B”, “C” and “E” and along Surfside and Oceanview Drives will not occur. Further, costs to cover City staffing of the event (police officers, maintenance crews, etc.) will also occur. The Port will be providing parking for the City’s Beach Fest in exchange for the City providing parking for Banana Fest. The City will also be recognized as a top-tier level sponsor for the event.

STRATEGIC PLAN:

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

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

A. Resolution
B. SUP 11-24 Application Packet
C. Public Hearing Notice
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Agenda Item No. 12 Page 4 of 41 CC Agenda 09-03-2024
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, DEEMING A TEMPORARY EVENT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CONDITIONALLY
APPROVING SPECIAL USE PERMIT NO. 11-24 (PORT OF HUENEME OXNARD HARBOR DISTRICT PUBLIC EVENT KNOWN AS “BANANA
FESTIVAL”, LOCATED GENERALLY SOUTH OF 105 E. PORT HUENEME ROAD)
WHEREAS, A public hearing was held as required by law to consider issuance of a Special Use Permit (“SUP”) allowing the project known as the “Port of Hueneme Banana Festival", to be located on the property at the Port of Hueneme Oxnard Harbor District, generally located at 105 E. Port Hueneme Road and the City of Port Hueneme’s Market Street and Surfside Drive, from 10:00 a.m. to approximately 5:00 p.m. on Saturday, September 28, 2024 (with additional setup and cleanup time before and after the main event); and WHEREAS, the proposed Project represents a discretionary action subject to the environmental review requirements of the California Environmental Quality Act (“CEQA”) of 1970, as amended (Pubic Resources Code § et. seq.), and by operation of § 15381 of Title 14 to the California Code of Regulations, the City Council of the City of Port Hueneme is deemed “Lead Agency” for the purposes of CEQA; and
WHEREAS, City staff has recommended the City Council find the Project exempt from CEQA as it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensures maintenance, restoration and protection of the environment; and regulates normal operations of facilities for public gatherings, and is therefore categorically exempt from further CEQA review under California Code of Regulations Title 14 §§15301, 15304 (e) 15308, 15323, and 15332 as an urban infill project; and WHEREAS, the proposed Project is deemed consistent with, and furthers the objectives and policies of the City’s General Plan and zoning regulations; and WHEREAS, the City Council considered the effects of the Project on the regional need for public services, and available fiscal and environmental resources before deciding on this matter; and
WHEREAS, City staff recommended conditional approval of the Project and Special Use Permit Application No. SUP 11-24.

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

SECTION 1: Under the provisions of PHMC Sections 10355 et. seq., the City Council finds and declares that:

A. Prior to rendering a decision on any aspect of the Project, the City Council duly considered the following:

1. All testimony, written and oral, received in conjunction with that certain public hearing conducted on September 3, 2024, which testimony, by this reference, is incorporated herein.

Attachment A
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CC Resolution No. ___, Page 2 of 6

2. That certain written staff report submitted by the Community and Economic Development Department and exhibits hereto dated September 3, 2024, which report, by this reference, are incorporated herein.

B. That the Conditions of Approval specified in Section "G" below are reasonably related to the use of the premises for which this Special Use Permit is to be issued.

C. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in Title 7, Division 1, of the Government Code of the State of California, Article X, PHMC § 10352, and Division 13 of the California Public Resources Code commencing with § 21050, and Title 14 of the California Code of Regulations commencing with § 15000, as such procedures and requirements pertain to this Project and CEQA have been lawfully satisfied.

D. That the following environmental findings are made based on upon the staff report dated September 3, 2024, and the project descriptions:

1. The Project is consistent with City’s General Plan and its policies including the Project’s land use designation as Open Space; it is also consistent with the Park-Reserve Zoning classification for the Project site.

2. The Project involves property located within City’s jurisdictional boundaries on parking lot sites and the Project is surrounded by urban uses and Park/Pacific Ocean.

3. The SUP property is not known to be listed by any regulatory agency as having value as habitat for endangered, rare or threatened species.

4. Approving the Project would not result in any significant effects related to traffic, noise, air quality, or water quality.

5. The Project is not expected to result in substantial pollution.

6. The Project area can be adequately served by all required utilities and public services.

7. The Project will not exceed the existing or planned capabilities of the sewage system.

8. The Project will not exceed the existing or planned capabilities of the solid waste system.

9. The Project is not expected to create unavoidable health hazards nor expose people to substantial health hazards.

10. The Project is not expected to have an adverse impact on adequate fire protection services.

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CC Resolution No. ___, Page 3 of 6

11. The Project will not result in population that exceeds a level of service of one officer per 1,000 residents nor result in the average response time to emergency calls to exceed three minutes.

F. That because of the facts and conclusions identified in this Resolution, the Project is categorically exempt as it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings, and therefore categorically exempt from further CEQA review under California Code of Regulations Title 14 §§ 15301, 15304 (e) 15308, 15323, and 15332.

G. That the City Council of the City of Port Hueneme hereby grants and approves this SUP 11-24 as a “Temporary Use” by operation of PHMC § 10355(A)(2), subject to the following conditions:

1. City approval is granted to the Applicant for the Temporary Use and location as described in the Staff Report dated September 3, 2024. Areas that may be subsequently desired by Applicant beyond that designated shall receive prior authorization and coordination by the City’s Director of Community and Economic Development (“Director”).

2. Randy Latimer, Director, Banana Festival Committee 2024 on behalf of the Port of Hueneme Oxnard Harbor District, is deemed the Applicant’s authorized representative who shall be available at all times while the SUP event is in progress; or, the Applicant must designate in writing to the Director a minimum of one week before starting the event as to who the authorized event representative will be and who will have complete authority to represent and to act on behalf of the Applicant. Said authorized representative must be present at the site at all times while the event is in progress. Whenever the representative is not present during any particular time when the event is occurring, orders may be given by the Director, Public Works Director, and/or Chief of Police or their authorized staff. These orders must be obeyed by the representative who may have charge of the particular event activity to which the orders are given. If in the opinion of the Director, Public Works Director, or Chief of Police or authorized staff that the SUP event poses a threat to the public health, safety or welfare, or violates any of the conditions herein or other law, said official(s) may give orders to said representative to immediately correct the situation or terminate the proceedings and return the site to its pre-event condition. The Applicant and/or representative are responsible for the actions of his/her event employees, volunteers, contractors, and subcontractors.

3. The Applicant shall take all reasonable measures to protect public and private property that may result from activities of the SUP event. The area used for the event must be cleaned of event debris and returned to its pre-event condition no later than the morning following the day of the event, or other time as approved by the Director.

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CC Resolution No. ___, Page 4 of 6

4. Prior to the SUP event, the Applicant shall provide proof that it has secured all necessary permits and licenses for the event including County Health permits, if required, to the satisfaction of the Director.

5. All vendors associated with this SUP shall obtain a City business license prior to the event.

6. Any on-site or off-site advertising, signage, banners or similar special promotions or marketing for the SUP event in the City must be approved by the Director before use and kept in a continuous state of good condition and repair, clean and free of graffiti as determined by the Director.

7. Unless otherwise permitted by Director, the Applicant will not make, or cause to be made, any alterations to Property covered by the SUP, or any part thereof, without Director’s prior written consent.

8. The Applicant, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the event and will faithfully observe in the use of SUP property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of Applicant in any action or proceeding against Applicant, whether City be a party thereto or not, that Applicant has violated any such ordinance or statute in the use of SUP Property will be conclusive of that fact as between City and Applicant.

9. A 20-foot clear emergency vehicles access road shall be provided and maintained for the duration of the event. The emergency vehicles access road shall be unobstructed by guest and staff vehicles. Road barriers shall be movable by one person without special knowledge or extraordinary effort.

10. All temporary electrical systems shall be permitted in accordance with the local building and safety department and maintained in accordance with the National Electrical Code.

11. The Applicant is hereby made aware of the potential sensitive beach resources located seaward of the beach pedestrian concrete walkways located east of Beach Parking Lot "B” extending to the “J” Street Drain and down-coast to the Ormond Beach area. The Applicant and the SUP event participants are prohibited from traversing or otherwise disturbing dune areas within these locations. In addition, participants at the Applicant’s SUP event shall not operate vehicles off-road or outside the paved beach lots and streets. In this regard, operation of vehicles over undesignated areas is strictly prohibited without the prior approval of the Director.

12. The Applicant and participants at the SUP event shall comply with all applicable State, Federal, and local rules and regulations, government laws, and ordinances relating to the activity and all other ordinances and laws of the City, which among other things, prohibits disorderly conduct; point source noise outside of the Hueneme Beach Park that exceeds the Agenda Item No. 12 Page 8 of 41 CC Agenda 09-03-2024
CC Resolution No. ___, Page 5 of 6
noise regulations set forth in Port Hueneme Municipal Code; undesignated vehicles on the beach or off the public right-of-way; public intoxication or consumption of alcoholic beverages, animals on the sandy beach; fires on the beach; and boisterous, threatening, or profane and indecent language.

15. Free guest parking in Beach Parking Lots “A”, “B”, “C”, “E” and along Surfside Drive shall only be made available on the dates of the event from 9:00 A.M. to 7:00 P.M.

16. The Applicant shall secure an encroachment permit for the temporary road closures of Market Street and Surfside Drive. Additionally, all activities related to temporary traffic control shall be performed by a California-licensed Class C31 – Construction Zone Traffic Control Contractor. A traffic control plan is required in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and the Work Area Traffic Control Handbook (WATCH) except that delineator spacing shall be 1/2 that shown in the WATCH.

17. The applicant shall keep the sidewalks along Market Street and Surfside Drive free and clear of all obstructions (such as, but not limited to, chairs, canopies, etc.) at all times for the duration of the car show component of the event.

H. Pursuant to Public Resources Code § 30510, the City Council of the City of Port Hueneme hereby reiterates its intent to implement the Local Coastal Program and amendments thereto in a manner fully consistent with the California Coastal Act.

I. The approvals granted herein shall not become effective until all rights of appeal have been exhausted including appeal within 10 days following the date of receipt by the Coastal Commission of the City’s Notice of Final Action on this matter pursuant to PHMC § 10356(D).

SECTION 2: The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Port Hueneme and the City Clerk, or her duly appointed deputy, may attest thereto.

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 3rd day of September, 2024.

Misty Perez, Mayor
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CC Resolution No. ___, Page 6 of 6
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 12 Page 10 of 41 CC Agenda 09-03-2024
Surfside Dr
Attachment B
Agenda Item No. 12 Page 11 of 41 CC Agenda 09-03-2024
1 2024
Randy Latimer
NRL and Associates

EVENT OVERVIEW FOR SPECIAL USE
PERMIT
Agenda Item No. 12 Page 12 of 41 CC Agenda 09-03-2024
2 CAR SHOW AND MAIN FESTIVAL
Event Date: Saturday, September 28, 2024
Event Start Time: 10:00 am
The Port of Hueneme Banana Festival is a cultural celebration offering a diverse mix of food, music, shopping, and activities showcasing the fabulous Port of Hueneme.

This premier experience includes an incredible outdoor setting complemented by scenic beaches, vendor booth shopping, cultural foods, and many other inviting attractions that make the Festival a top event and destination. The festival venue is in the Port of Hueneme and is expected to attract crowds of more than 10,000 people during the one-day event.

The event consists of the main portion of the Festival occurring on the Sunkist Lot of the Port. A static car show display will be set up on Surfside Drive and Market Street (depicted on maps), where arriving guests will pass through numerous vintage vehicles on their way into the main Festival. In addition to the vintage cars, arriving attendees will be greeted by a D.J., and small acoustic-style music bands and dancers will perform in the roadway space.

Static Car Show
A car show will be set up on Market Streets and Surfside Drive as an added component of the Banana Festival. Car show participants will bring their vehicles into the static show space and park them as directed by event personnel. Car show participants will be required to adhere to the following rules:
• Once parked, the vehicle must remain stationary until the designated end of the event
• No alcohol allowed in the car show area
• Sidewalks must remain clear for pedestrian movement (Easy Ups on the public sidewalks are prohibited) – All walkways will remain clear to allow for pedestrian and ADA access
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3 Car Show Details and timeline
• 130 vehicles max
• 7:00am – “K” rail set on Market Street at Anacapa Townhome Driveway (Hard Closure monitored by PHPD)
• 7:00am – 0900 - Vehicle “roll-in” and registration (enter W/B on Surfside Drive)
• 9:30am – “K” rail closure at Surfside and Entrance to Surfside 1. (Hard closure manned by PHPD CSO)
• 3:30 pm – Car show awards
• 4:30 pm – Car show end ( Exit E/B Surfside Drive)
Live Music and DJ
The southwestern portion of Surfside Drive at Market Street will serve as a small performance area featuring a DJ, dance groups, and limited music performances by individuals or small ensembles.

To ensure that the amplified music from this location is not a nuisance to surrounding residents, Festival Organizers will:
• Monitor sound levels utilizing a decibel meter throughout the event • Communicate with the Port Hueneme Police Department to address any complaints or concerns related to the amplified sound
Roadway Closures
Banana Festival organizers will work with the Port Hueneme Police Department and Port Hueneme Police Department Explorers to facilitate the safe closure of the street before, during, and after the event to ensure pedestrians and vehicles move safely around the event space.

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4 The following Traffic Control Devices will be utilized to ensure proper preparatory signs are placed and proper closure devices are utilized per the State’s MUTCD:
• Portable message display trailers
• Directional signage
• “Concrete “K” – rail
• Unformed Police Officers
• Unformed Explorer Scouts
• Social media announcements and updates
• Event website announcements and updates
Street Closure Plan – Overall map
Agenda Item No. 12 Page 15 of 41 CC Agenda 09-03-2024
5 To accommodate the static vintage car display and
performances at on Surfside Drive, the Banana Festival
organizers are requesting the following street closures:

1. Market Street closed between Surfside Drive and
Seaview Street
a. Manned Soft closure ( Barricades only) at
Seaview Street
b. Hard closure at the southern (Concrete “K”-rail)

2. Surfside Drive closed from Market Street to
Shoreview Drive (west side of intersection)
a. Manned Hard closure at the west portion of
Shoreview Drive (Concrete “K” – rail and
“Road Closed” sign
Two digital sign boards will be deployed by the Port one week prior to the Festival.

Locations are as follows:
• S/B Ventura Rd at Clara Street that reads
*“Street Closures Ahead – Expect Delays” –“Free
Parking Beach Lots”
• W/B Hueneme Road east of Ventura Rd that reads
*“Street Closures Ahead – Expect Delays” –“Free Parking Beach Lots
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6 To help visitors with directions and parking, we are requesting permission to place 65 18" 24" signs along the side of Channel Islands Blvd and Ventura Road. Signs will not be placed where they interfere with vehicle and pedestrian movement or line of sight.

The signs will be placed no sooner than 9 am Friday, September 23, and shall be removed no later than noon, Monday, September 30.

Traffic Control Points
Port Hueneme Police Department Officers and Explorer Scouts will man the following traffic control points:
• Soft closure at Market Street and Seaview Street
• Hard Closure at Market Street south of Seaview Street (entrance to condos) • Hard closure at Surfside Drive and Shoreview Drive
Agenda Item No. 12 Page 17 of 41 CC Agenda 09-03-2024
7 Shuttle Bus Operations
ADA- capable – 20-passenger shuttle buses operated by Pegasus Transportation will shuttle festival goers from 9:00 am to 6:30 pm. Shuttles are free and will pick festivalgoers up after parking.

Festival staff and volunteers will man all shuttle stops. All staff and volunteers staffing lots will wear yellow traffic vests.

Shuttle Route

1. Pickup – Lot A

2. Pickup – Lot B

3. Pickup – Lot C
2024 BANANA FESTIVAL SHUTTLE AND PARKING MAP
Agenda Item No. 12 Page 18 of 41 CC Agenda 09-03-2024
8 4. Pickup - Lot E

5. Direct to Surfside “K” rail for turn-a-round and drop passengers on the south side of the street.
*ALL SHUTTLE PICKUPS AND DROP-OFFS WILL OCCUR WITHIN

RESPECTIVE PARKING LOTS
Ride Share/Taxi
Ride share and Taxis will drop off and pick up at 105 E. Port Hueneme Road
Main Festival
The main portion of the Banana Festival is set up in the Sunkist Lot of the Port of Hueneme. This area hosts a variety of food and retail vendors, resource vendors, a main stage featuring live bands, static displays, live art exhibits, a kid’s zone, boat and land tours of the Port, and much more.

Food and Retail Vendors
Over 70 food and retail vendors will be situated throughout the Festival. All food and beverage vendors have been permitted through the County of Ventura. Food and retail vendors will promote the Festival’s “banana” theme by offering various bananarelated items.

Resource Vendors
Various local resource vendors will be present to provide information and resources to our attendees. Many of the vendors offer free or reduced-cost services to our local community vendors.

Agenda Item No. 12 Page 19 of 41 CC Agenda 09-03-2024
9 Live Music
The main stage will host four of our local bands who will play a variety of music from reggae to pop and calypso. The stage will also be the centerpiece for Port officials to highlight certain aspects of the Port and the Festival.

Static Displays
Static displays play a major role in the Port’s Festival as they give the public an opportunity to view various tools and equipment the Port utilizes to perform its operations. Displays such as cranes, tractors, and container movers are often components of the displays. The Port also highlights many of the imported vehicles that pass through the Port.

Live Art Exhibits
A popular attraction at the Festival is the live art exhibits. One pavilion serves as an interactive experience where kids can create Festival-themed art pieces. Another pavilion hosts a local artist who will transform a blank shipping container into a Portthemed art piece.

Kid’s Zone
Our Kid’s Zone consists of several inflatable bouncers, a bungee jump, and a rockclimbing wall. This area is supervised by trained staff and festival volunteers.

Land and Boat Tours
Port tours will be available for festival attendees wishing to view any operations taking place that day. This is a rare opportunity to see the Port from the sea as the Sunfish boat from Channel Islands Expeditions, and the Coroloma from Hook’s Sportfishing takes you on a tour in and around the Port.

Guests can also tour the Port by land on a comfortable Starline Tours double-decker motorcoach.

Agenda Item No. 12 Page 20 of 41 CC Agenda 09-03-2024
10 Photo ID will be required for all adults participating. Minors must be accompanied by an adult. Waterside Port tours and land tours are every half hour. All tours are first come, first serve. Visit the Port Pavilion onsite at the Festival for signups.

Main Festival Map
Banana Festival Combined Map
Agenda Item No. 12 Page 21 of 41 CC Agenda 09-03-2024
11 VIP/VENDOR PARKING and TOUR BUS DROP OFF
(Northern entrance of Sunkist lot – Enter from
Market Street)
*Tour buses park in western portion of Sunkist
Agenda Item No. 12 Page 22 of 41 CC Agenda 09-03-2024
12 EVENT OVERVIEW
Event Date: Saturday, September 28, 2024
Doors Open: 10:00 am
The Port of Hueneme Banana Festival is a cultural celebration offering a diverse mix of food, music, shopping, and activities showcasing the fabulous Port of Hueneme.

The event consists of the main portion of the Festival occurring on the Sunkist Lot or the Port. A static car show display will be set up on Surfside Drive and Market Street, where arriving guests will pass through numerous vintage vehicles on their way into the main Festival. In addition to the vintage cars, arriving attendees will be greeted by a D.J. and small acoustic-style music bands and dancers.

Festival information can be found at www.bananaportfest.com.

Agenda Item No. 12 Page 23 of 41 CC Agenda 09-03-2024
13 The purpose of this plan is to provide general operational information to festival staff, local public safety, and the various entities that play a vital role in the safe and orderly execution of the Port of Hueneme Banana Festival. With the understanding that any plan cannot account for every conceivable circumstance, it is intended to address commonly known safety and operational concerns and provide direction to festival staff, security, and first responders.

Festival Timeline (Day of Event)
0400 – Street closed to traffic
0530 – Lot opens / Team Arrives
0545 – Team Briefing
0600 – Vendor Load-In
0800 – P.D. Explorers Begin Traffic Control
0900 – All Vehicles Off Lot
0900 – Shuttle Service Begins
0900 – Event Security Brief
1000 – Gates Open
1000 – Crowd Control Begins
1630 – Alcohol Sales End
1700 – Festival Close
1830 – Last Shuttle
Agenda Item No. 12 Page 24 of 41 CC Agenda 09-03-2024
14 CROWD MANAGEMENT OVERVIEW
Security activities for the Port of Hueneme Banana Festival Event will be conducted through a unified command structure. The U.S. Coast Guard has overall law enforcement authority of the facility. Event operations will be coordinated through the Port of Hueneme's Harbormaster and officers. Medallion Protective Services Security will perform site security. The Port Hueneme Police Department is the local law enforcement agency that will respond if a law enforcement presence is needed.

The Port Hueneme Police Department will have officers deployed at the event site on the day of the event.

Medallion Protective Services will have unarmed private security guards stationed at strategic locations around the event site. Medallion Security will also have TWICcarrying security guards to control access to the secured area of the Port. Security will report suspicious or criminal activity to their supervisor, who in turn will report directly to the Port Hueneme Police Department via two-way radio or 9-1-1. Security guards have been given a proactive direction to address any alcohol violations.

Security guards have been instructed to provide high-visibility services in and around the festival site. Security guards are not expected to perform physical arrests or physical detentions while providing services at the Festival. They will report any activities requiring an elevated and/or physical response to the Port Hueneme Police Department via radio or telephone.

Pre-Event Briefing
Each Section Coordinator/Leader will conduct a section briefing with elements of their team. The coordinators will discuss key functions of their assigned areas of responsibility and will ensure that the goals and objectives of their specific roles are clear.

The Operations and Security Manager will conduct pre-event briefings with all security and enforcement officers to ensure clear and concise communication throughout the day's event.

All event briefings will take place in the Festival Command Post.

Agenda Item No. 12 Page 25 of 41 CC Agenda 09-03-2024
15 SECURITY AND SCREENING OVERVIEW
What can't you bring into the Banana Festival?
● Picnic baskets
● Outside food and beverage
● Canso or glass bottles
● Aerosol Cans
● Outside Alcohol
● Illegal drugs or substances
● Banners or flags on poles
● Laser pointers
● Lawn chairs
● Skateboards, skates, scooters, or
hoverboards
● Bicycles or electric scooters
● Kites
● Hula-hoops
● Frisbees
● Stadium seats
● UAVs/Drones
● Other carry-in items determined
by management
● Firearms
● Knives
● Weapons or objects that could be
used as weapons
● Fireworks
● Pets (except service animals)
Public Awareness
Our website currently lists all the prohibited items that are not allowed at the Festival. We will also be posting the above signs at all shuttle stop locations and at all entry gates. This will assist the screening process in running as smoothly as possible. We have made our guests aware before arrival that they will be searched before entering our event, and failure to allow screening will result in denial of entry.

If a guest refuses to comply with our established screening procedures, the screener will contact the security supervisor. The security supervisor will communicate that screening is required before entry. This will be conducted in a courteous, professional, and nonconfrontational manner. If the supervisor is not immediately available, the screener should politely ask the guest to stand aside from the screening line to allow others to pass. If the police officers are present at the gate during this time, officers may be asked to explain Agenda Item No. 12 Page 26 of 41 CC Agenda 09-03-2024
2 the procedures to the guest.

These guidelines are just that – a guide to help everyone make an educated and rational decision during the screening process. Exceptions: There will be exceptions to these rules, such as a syringe being used by a diabetic or a small cooler being used to store breast milk. Please consider the circumstances when making a final decision.

We will have amnesty boxes (trash cans) at the screening checkpoint, which will allow guests to discard prohibited items. The guest may throw the item away or return it to their vehicle.

Armed Off-Duty Law Enforcement Officers
California law enforcement officers (LEO) will be allowed into the event with valid law enforcement identification. The Security Supervisor will contact Port Hueneme P.D. officers to verify the information so they can account for all individuals who are armed inside the event.

Concealed Carry Guests
Individuals with CCW (Concealed carry weapon) permits will not be allowed to enter the event with a weapon of any type.

Screening Procedures
Security guards will follow best practices procedures related to the effective walk-through magnetometer and handheld metal detector (HHMD) screening methods adapted from the U.S. Office of Homeland Security's "2016 Patron Best Practices Guide." Screeners will ask all guests to remove objects from their persons. These items include a wallet, cell phone, camera, hats, and keys. They will be allowed to keep watches, wallets, belts, jackets, shoes, and coins.
● Screeners will search bags, backpacks, strollers, folding chairs, and diaper bags for prohibited items.

Agenda Item No. 12 Page 27 of 41 CC Agenda 09-03-2024
3 ● Guests in wheelchairs or strollers may be directed to a different line to accommodate such items.
● Every patron will walk through a metal detector to be screened unless they have a medical condition that prevents them from doing so.
● Patrons will place items not allowed through the detector in a basket on the adjacent table. These items will be visually screened for contraband. The items will always remain in the patron's eyesight. The items will be repositioned to the exit side of the metal detector, where the guest will recover their personal items. ● Bulky items such as large jackets or blankets should be removed and physically screened by hand.
● If a metal detector alarm sounds, the screener will ask the patron if all items have been removed from their pockets. If so, a "wand" or handheld metal detector will be used to confirm the location of the item. The patron will be requested to show or remove the item.
● At no time will a screener place their hands on an individual to perform a search of a guest.
● If an item of contraband is located, the security supervisor or police will be immediately notified.
● If a Handheld Metal Detector (HHMD) is utilized, the screener will follow the below procedure:
o Greet the patron courteously and advise the patron that he or she will be screened with the HHMD. Ask the patron to divest all metal items. o The screener shall instruct the guest to stand with his or her feet shoulderwidth apart, arms outstretched, and palms facing up and open. o The HHMD will be moved in a U-shape movement approximately 2 inches from the guest, beginning from one shoulder and ending with the opposite shoulder. This shall be repeated on each side, front and back. o If the alarm sounds, stop screening and proceed with a limited pat-down of the area in question. Then, rescreen the area again to make sure it is clear.

At the discretion of law enforcement, the disposition of the illegal or prohibitive item may be returned to a guest's vehicle.

Agenda Item No. 12 Page 28 of 41 CC Agenda 09-03-2024
4 If law enforcement is not located at a gate when an illegal, suspicious, or prohibitive item is located, screeners shall remain calm and make every effort to contact a supervisor in the immediate area. Contact will then be made via radio with the appropriate personnel.

Pets
No pets of any kind are allowed inside the event site. Exceptions to this rule are service dogs for the visually impaired or service dogs in training.

Service Animals
Service Animals are required to be screened. You may ask the guest if the animal is a service animal. If the animal is not a service animal, entry will be denied. The screener should ask permission to search the service animal. The animal should be clearly identified as a service animal. In situations where it is not obvious that the dog is a service animal, Staff may ask only two specific questions:
(1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? It is illegal to ask a guest, "What is your disability?" In addition, service animals are permitted throughout the festival grounds; however, this does not include emotional support animals, therapy animals, companion animals, or pets.
● Service animals must be checked in at the Front Gate. ● All service animals must always remain by the handler's side and must be harnessed, leashed, or tethered unless these devices interfere with the service animal's work or the individual's disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
● Service animals must be housebroken and should use the service animal relief area. (Designated on festival map).

Agenda Item No. 12 Page 29 of 41 CC Agenda 09-03-2024
5 ● Anyone bringing an animal will be responsible for and liable for any damage or injury caused by the animal.

PARKING AND SHUTTLE SERVICE
Shuttle Bus Service and Parking
Pegasus Transportation Services will provide a free shuttle bus service to guests. The service will run from Hueneme Beach Parking Lots A, B, C, and E. The shuttle service is free and will begin at 9:00 am and operate until 6:30 pm (Last Shuttle out). Signs will direct festival goers to shuttle pickup and drop-off locations. Shuttle buses will drop festival-goes off at the festival entrance at Surfside Drive and Market Street.

Hueneme Beach Parking Lots A, B, C, and E
The Hueneme Beach Parking Lot will be designated as general event parking. Festival volunteers and staff will manage access to the parking lots and direct them to the appropriate location in the lot and to shuttle bus locations. ALL EVENT PARKING IS FREE.

VIP/Entertainer Parking/Staff/ Vendor Parking
VIPs, entertainers, staff, and vendors will park in the designated parking lot at the northeast portion of the festival lot (entry from Seaside and Market Street). VIPs, entertainers, and vendors will be provided with a parking pass to gain access.

Disabled Parking
There will be designated disabled parking in the Beach Parking Lots. An ADA-accessible shuttle bus will ferry disabled passengers to the event site.

Tour Buses/Ride-Share and Taxi
Tour buses, will be directed to drop their passengers off in the VIP/ Vendor lot of the Agenda Item No. 12 Page 30 of 41 CC Agenda 09-03-2024
6 Festival
Tour bus drivers will be instructed to park in the VIP/Vendor lot after drop off. They should advise their passengers of the pickup time and ask them to meet at the drop-off location at a designated time. Tour buses should be moved so that they do not interfere with shuttle activities.

Ride Share and Taxi will drop off and pick up at 105 E. Port Hueneme Rd.

CROWD CONTROL OVERVIEW
Crowd control and security activities for the Port of Hueneme Banana Festival will be a joint effort between the Port Hueneme Police Department, the Port of Hueneme Harbor Master, and Medallion Protective Services Security. The Port Hueneme Police Department will oversee any activity warranting a law enforcement response.

The crowd control supervisor will remain mobile throughout the event site.

Harbormaster Officers will be deployed in and around the secure area of the Port and will monitor sea and land tour activity taking place as a part of the Festival.

Security Officers will monitor the access between the "secured" and "non-secured" areas between the Festival and the Port. Their primary mission is to restrict unauthorized access to the Port Facility.

Sea and Land Tours will occur as a function of the Banana Festival. Festival attendees must register for either tour at the Tour Check-in Tent located at the North (VIP) Entrance. Tour passengers will be provided with a tour ticket and will be granted "escorted access" to the Port Area.

Unescorted access is strictly prohibited!
Medallion Protective Services will have 15 unarmed private security guards stationed at Agenda Item No. 12 Page 31 of 41 CC Agenda 09-03-2024
7 the entrance and at strategic locations around the event site. Security will report suspicious or criminal activity to their supervisor, who in turn will report directly to the Port Hueneme Police Department Officers and or Harbormaster officers on the festival site.

Security guards have been given a proactive direction to address any alcohol violations.

Security guards have been instructed to provide high-visibility services in and around the festival site. Security guards are not expected to perform physical arrests or physical detentions while providing services at the Festival. They will report any activities requiring an elevated and/or physical response to Port Hueneme Police Officers assigned to the event. Medallion Guards do not have access to the secured area of the Port unless authorized personnel escort them.

The Operations and Security Manager will conduct pre-event briefings with all law enforcement and security personnel to ensure clear and concise communication throughout the day's event.

All event briefings will take place in the Festival Command Post.

Festival Command Post
The Port of Hueneme Banana Festival Command Post will be located at the western end of the Festival. All festival staff will check in and check out at this location.

Security guards will also utilize this area as a check-in point and may take breaks at this location.

All Banana Festival Executive Staff, Lead Persons, Harbormaster, Medallion Security Supervisor, and Port Hueneme Police Supervisor will carry portable radios for Agenda Item No. 12 Page 32 of 41 CC Agenda 09-03-2024
8 communication during the event. All Festival Staff will be instructed to direct appropriate questions to the appropriate Executive Staff member or Lead Person.

Communication with the Security Supervisor and Police Supervisor will be handled through the Festival's Operations and Security Coordinator. (*Refer to attached Staff Contact List).

Alcohol Service
There will be two beer booths and one margarita booth located inside the event. Guests over the age of 21 years wishing to purchase alcohol will be issued a designated armband after an I.D. verification.

A security guard will be stationed at each alcohol service location and will remain during the sales of alcohol.

Alcohol will only be consumed on the main Banana Festival Site and will not be allowed in the car show area. Security guards will monitor people exiting and will not allow them to carry alcohol off of Festival grounds.

All persons serving alcohol and working inside the alcohol booth will be over the age of 21 years and will display a valid RBS training card while serving. A proper I.D. check will be conducted on each guest wishing to purchase alcohol – an armband does not relieve the server from checking I.D.

Guests are limited to two drinks per purchase and may walk away with the two drinks. If the second person is present, that person's I.D. must be checked.

Alcohol-Related Issues
Police will respond to any incident involving a vendor selling alcoholic beverages to a minor. Once all information concerning such an event is obtained, Banana Festival Executive Staff will be apprised of the situation. Banana Festival Executive Staff will decide to close down any booth that dispenses alcoholic beverages.

Agenda Item No. 12 Page 33 of 41 CC Agenda 09-03-2024
9 Minors caught in possession or consuming alcoholic beverages will be escorted from the event site by police personnel.

Adults committing alcohol-related offenses may be escorted from the event by police.

Banana Festival Executive Staff will be made aware of all ejections from the event.

Unruly or Disruptive Guests
It is the Banana Festival goal to produce a fun, family-friendly event. Arrests and guest ejections should be considered a last-resort solution. In the event of a hostile, unruly, or uncooperative guest, every measure should be taken to de-escalate the situation and handle the dispute at the lowest level. It is understood that some situations warrant immediate action and an appropriate police response will occur. The following matrix should be followed when dealing with such situations:
● Attempt to resolve the situation at the base level
● Contact the Section Coordinator for resolution
● Contact Security
● Contact Police
Injuries/ Trip and Falls
Port Property - All falls or any injury requiring medical attention will be documented in a Port of Hueneme Banana Festival Incident Report. If the victim refuses to cooperate, the minimum required information should be the name of the victim, the extent of the injury, pictures of the injuries, the location of the incident, and a photograph of the location of the incident.

Port Staff assigned to the event shall be notified in all cases. The staff members are required to document any injury occurring on Port property.

City of Port Hueneme Property - All falls or any injury requiring medical attention as a result of festival negligence should be documented. If the victim refuses to cooperate, the minimum required information should be the name of the victim, the extent of injury, Agenda Item No. 12 Page 34 of 41 CC Agenda 09-03-2024
10 pictures of the injuries, the location of the incident, and a photograph of the location of the incident.

Medical Emergencies and First Aid
A Medical and First Aid Station will be set up near the Festival Command Post, which is located near the event entrance. EMS personnel will staff the station. The EMS personnel will conduct medical assessments when needed and will determine what action is appropriate, which may include calling for additional EMS assistance or transportation of a patient to the nearest hospital for further treatment. EMS personnel will document patient care in accordance with VCEMS Policies and Procedures. If the victim refuses medical attention or cooperates, the minimum required information should be the name of the victim, the extent of the injury, pictures of the injuries, the location of the incident, and a photograph of the location of the incident. EMS personnel will be equipped with the following:

Agenda Item No. 12 Page 35 of 41 CC Agenda 09-03-2024
11 ● Oxygen tank and regulator
● Airway adjuncts,
● AED (Automated External Defibrillator).
● Cervical collars & spinal immobilization
● Bleeding control devices, including bandages and tourniquets ● Triangular bandages (slings)
● Instant Cold packs
● Adhesive Bandages, sports tape, and cohesive wraps for sprains ● Pulse-oximeter
● Blood Glucose meters
● Naloxone (Narcan for suspected narcotic overdose)
● Epinephrine (for suspected anaphylaxis and/or severe asthma) ● A portable wagon can be used to move EMS equipment if needed.

The onsite EMT team will be given a handheld radio to communicate directly with the event managers and police department. The EMS team will have the ability to monitor the event radio traffic for any assistance needed throughout the event footprint and respond appropriately. Anytime the EMS personnel are called to assist, security and event managers will be notified.

In the event additional medical resources are needed, EMS personnel will respond to the location of the EMS need and will assess the situation. If an emergency response is needed, responding resources will proceed to the Main Festival Entrance and will be directed from that point.

Ventura County Fire Department
Medical incidents or emergencies that warrant a higher level of response that the onsite EMT services will be handled by the Ventura County Fire Department. An onsite EMT will request an EMS response. EMT personnel will call 9-1-1 to request an EMS response.

Agenda Item No. 12 Page 36 of 41 CC Agenda 09-03-2024
12 Lost Juveniles and Seniors
Lost juveniles will be brought to the Festival Command Post. Command Post personnel will contact officers assigned to the Festival and allow the officers to work on reuniting all parties involved. The description of the lost individual will be broadcast over festival radios. If the lost individual is not located within 20 minutes of the reporting, an announcement will be made over the festival stage P.A. System.

Protests/Unlawful Assembly
Should any gathering or protest take place outside the Port of Hueneme Banana Festival event, the mission will be to allow those in attendance to peacefully exercise their right to free speech and to assemble. Police presence will be in accordance with their policies. Absent excessive property damage or a danger to citizens or officers, the only proactive response will be to ensure that pedestrian and vehicle traffic flow continues uninterrupted during their protest (including blocking entrances to the event).

Emergency Evacuation
Historically, the Port of Hueneme Banana Festival has experienced crowds of more than 10,000 people during the entire day's event. The event site is a 105,000-foot parking lot and can easily become very crowded. The roadways leading into the event site can become very congested, especially during a critical incident. The potential crowding of the event site, coupled with the congested traffic flow surrounding the event site, demands special consideration for any evacuation, including earthquakes, bomb threats, civil disturbances, fire, terrorist activities, active shooters, chemical accidents, falling aircraft, or other similar occurrences.

Regardless of the probability of any one of these events, a contingency plan must be in place to effectively respond to a disaster at this location. The highest-ranking public safety official assigned to the event will begin the coordination of all activities necessary to prepare for any operation and make decisions regarding emergency activities at the Agenda Item No. 12 Page 37 of 41 CC Agenda 09-03-2024
13 event site and the Port of Hueneme Banana Festival Organizers. All decisions should be the result of close consultation between the Police Department, Harbormaster, and Festival Executive Staff. Under most circumstances, the evacuation of the event site should be a joint decision between those officials. However, the final authority to evacuate or stop the event rests with the highest-ranking emergency services official in command of the incident [i.e., Police Incident Commander].

Prior to evacuation, a number of concerns should be considered:
(1) Preparation time
(2) Public safety
(3) Revenue loss or lawsuits which may result
Once the evacuation has begun and the event has been canceled, it will not be resumed even if it is learned that the emergency/incident will not occur.

There may be circumstances in which the public safety official making the evacuation decision should direct event patrons to remain stationary. These would be situations where the evacuation movement would hamper emergency operations or place the evacuees in a greater position of danger. The evacuation route will vary depending on the area of the emergency:

North End Incident - Event patrons can be directed to the southeast exit points South End Incident - Event patrons can be directed to the northeast exit points Depending on the type of the emergency, complete evacuation of the Banana Festival sites may be made by directing traffic north and south on Market Street and Surfside Drive.

In the event of an Active Shooter or Active Aggressor incident, the police department, security staff, all event staff, and volunteer staff will subscribe to the Avoid – Deny - Defend response to such incident. Each entity will have a vital role in ensuring Agenda Item No. 12 Page 38 of 41 CC Agenda 09-03-2024
14 the safety and evacuation of everyone within the venue:

Police Officers – First responding police officers will consider reasonable options to reduce, prevent or eliminate the threat.

Security Officers – Security Officers will immediately open or secure entry or exit points to the event depending on the location of the threat to facilitate the safe and rapid evacuation of the event site. Security officers are to be highly cognizant of directing event attendees AWAY from the immediate threat.

Event Staff –Event Staff Members will coordinate with members of their team to ensure egress points are open and will direct event attendees toward a safe location.

Volunteer Staff – Volunteer Staff will direct event attendees toward a safe location and assist with evacuation and reunification efforts.

It is imperative that ALL persons working at the Port of Hueneme Banana Festival be responsible for ensuring the safe execution of this event. Everyone is reminded to report ALL suspicious activity to a Key Staff person, Police, or Security, and should be reminded that if they
SEE SOMETHING - SAY SOMETHING!

PORT OF HUENEME BANANA FESTIVAL PARKING
Agenda Item No. 12 Page 39 of 41 CC Agenda 09-03-2024
15 MAP
•
VIP/Vendor/Artist
Parking
Free General Parking
/ Free Shuttle
Agenda Item No. 12 Page 40 of 41 CC Agenda 09-03-2024

CITY OF PORT HUENEME NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Port Hueneme to consider an application by the Port of Hueneme – Oxnard Habor District, 105 E. Port Hueneme Road, Port Hueneme, CA 93041, for temporary Special Use Permit (SUP) No. 11-24 for a one-day public festival (“11th Annual Port of Hueneme - Banana Festival”) to occur on Saturday, September 28, 2024, from 10:00 a.m. to 5:00 p.m. The festival will consist of a static vintage car show, food and retail vendors, recreational children’s area, live art exhibition area, alcohol service booths, a main entertainment stage featuring live entertainment, commercial/industrial mechanical equipment exhibits, land and boat port tours, and general informational booths within the Port of Hueneme’s Sunkist Parking Lot, generally located south of 105 E. Hueneme Road, and along South Market Street and West Surfside Drive.

SAID PUBLIC HEARING will be held as an in-person meeting on Tuesday, September 3, 2024, at 6:30 p.m., or as soon as possible thereafter. Any person may attend this public hearing in the City Council Chambers located at 250 North Ventura Road, Port Hueneme. All members of the public are privileged to attend and be heard on this matter by submitting written or live public comments.

ENVIRONMENTAL REVIEW: The proposed SUP is deemed categorically exempt from review under the California Environmental Quality Act under California Code of Regulations Title 14 §§15301, 15304 (e) 15308, and 15323, because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensures maintenance, restoration and protection of the environment; and regulates normal operations of facilities for public gatherings.

The SUP is therefore categorically exempt from further CEQA review under California Code of Regulations Title 14 §§15301, 15304 (e) 15308, and 15323 ADDITIONAL INFORMATION on this project may be obtained from the Department of Community Development, City of Port Hueneme, 250 N. Ventura Road, Port Hueneme, California 93041, telephone (805) 986-6548.

Be advised, if you challenge the actions taken on the project described in this Notice in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate at this meeting, please contact the office of the City Clerk, at (805) 986-6503, or the California TDD Relay Service. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to allow participation. /s/Georgianna Nicole Alvarez, City Clerk
Published: August 18, 2024
Attachment C
Agenda Item No. 12 Page 41 of 41 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
SUBJECT: DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
RECOMMENDATION:

It is recommended that the City Council:

1. Appoint a voting delegate and up to two alternates to attend the League of California Cities Annual Conference to vote on behalf of the City Council at the General Assembly; and

2. Authorize the City Clerk to affirm Council’s selection and submit the 2024 Annual Conference Voting Delegate/Alternate Online Submission Form to the League of California Cities.

BACKGROUND/ANALYSIS:

The League of California Cities (Cal Cities) Annual Conference will be held this year from October 16-18, 2024, in Long Beach, California. On the last day of the conference, October 18, 2024, a General Assembly will convene where city officials can directly participate in the development of Cal Cities policy. The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate.

The appointed voting delegate plays an important role during the General Assembly by representing the City and voting on resolutions.

In order to vote at the General Assembly, City Council must designate a voting delegate and may appoint up to two alternates, one of whom may vote in the event the designated voting delegate is unable to attend the meeting. Voting delegates may either be an elected or appointed official. The voting delegate and alternates must be registered to attend the conference. They do not, however, need to be registered for the entire conference, they can register for Friday only. For further details please see, Attachment A. 2024 Cal Cities Voting Delegate Information Packet.

The Councilmembers currently registered for the event are: Councilmember Hernandez and Councilmember Gama.

Agenda Item No. 13 Page 1 of 6 CC Agenda 09-03-2024
Cal Cities Voting Delegate(s)
September 3, 2024

Page 2 ends

Voting delegates and alternate(s) must be appointed and submitted to Cal Cities by Wednesday, September 25, 2024.

FISCAL IMPACT:

No fiscal impact is anticipated with establishing a voting delegate. Funds for registration, travel, and lodging for attendance at the League of California Cities Annual Conference are allocated from the Council travel budget; which is adequately budgeted for attendance each year. Funds and expenditures will vary per Councilmember depending on hotel accommodations and travel methods. Appropriations will be from account No. 101-110- 5411 and the Councilmember’s respective code number.

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
ATTACHMENTS:

A. 2024 Cal Cities Voting Delegate Information Packet
Agenda Item No. 13 Page 2 of 6 CC Agenda 09-03-2024
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
Attachment A
Agenda Item No. 13 Page 3 of 6 CC Agenda 09-03-2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly Agenda Item No. 13 Page 4 of 6 CC Agenda 09-03-2024
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Agenda Item No. 13 Page 5 of 6 CC Agenda 09-03-2024
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Agenda Item No. 13 Page 6 of 6 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
SUBJECT: COMMUNITY BENEFIT FUND – 2024 PROJECT LIST
RECOMMENDATION:

It is recommended that the City Council receive the proposed list of Community Benefit Fund projects for Fiscal Year 2024/2025 and provide direction.

BACKGROUND/ANALYSIS:

Community Benefit Fund Background
The Community Benefit Fund was created pursuant to the 2015 agreement between the Oxnard Harbor District (Port) and the City of Port Hueneme. The Port annually contributes $100,000 to the Community Benefit Fund (CBF), when its gross operating revenues exceed $13M. Both of these amounts are subject to increase annually by the Consumer Price Index. To facilitate the identification of mutually agreeable CBF allocations, the agreement calls for the establishment of a joint City/Port committee which includes the Mayor, Mayor Pro Tem, City Manager, Port President, Vice President and Port Chief Executive Officer.

The agreement lays out the following four categories for CBF projects:

1. Shoreline Protection Monitoring beach profiles, scrutinizing biannual sand replenishment operations and constructing associated improvements to protect the NCEL (owned by the District) and Hueneme Beach Park (owned by the City).

2. Community Development Implementing joint initiatives that foster the community’s economic, social and environmental well-being including, but not limited to, public infrastructure improvements, sponsorship of special events, support of civic organizations, and similar activities.

3. Opportunistic Endeavors Pursing opportunities that foster the shared mission and interest of the City and District not otherwise described above including, but not limited to, economic development grants, environmental mitigation, enterprise zone establishment, joint trade missions and similar activities.

Agenda Item No. 14 Page 1 of 5 CC Agenda 09-03-2024
CAC Recommendations Re CBF
September 3, 2024

Page 2 ends

4. Other Projects Agreed To By The Parties Any project or projects as may be agreed to in any year by the District’s Board of Harbor Commissioners and the City Council.

CBF Projects must be determined within 180 days from July 1st per settlement agreement.

Projects nominated by the City Council will be vetted by the City-Port Standing Committee. The list of allocations recommended by that committee will return to the City Council and Board of Harbor Commissioners for final approval.

In order to assist the Council with its review and consideration of CBF allocations, a list of projects and programs that have received CBF appropriations since FY 20-21 is attached as Attachment A.

On April 15, 2024, the City Council created an initial list of projects and programs recommended for funding from the Community Benefit Fund. On May 28, 2024, the CAC reviewed the project list and identified potential process improvements for Council consideration (which is included as the next item on the agenda), but did not provide specific project recommendations pending those process improvements. Due to the pending deadline in the settlement agreement, the Joint City/Port Committee has continued to meet monthly to refine the list, and has provided a recommended project list for consideration.

This agenda item provides the City Council with the opportunity to provide direction regarding the proposed project list for this coming year, which currently includes:
• Grant Writing for Mutually Beneficial City/Port Projects: $ 50,000 • Washington DC Joint Advocacy Trip: $ 20,000
• Performing Arts Program Uniforms for Hueneme School District: $ 5,000 • Annual Health and Wellness Fair/Run for your Heart 5K: $ 10,000 • Lego First Robotics Competition (with City business support focus) $ 5,000 • Police Explorers Events and Programming: $ 5,000
• Reel Guppy Outdoors Programming: $ 5,000
• Inlakech: $ 5,000
• Little League: $ 5,000
• Newly Proposed: Recreation Program Scholarship
(Preference for Jr. Lifeguard Program) for Low-Income $ 3,000 Subtotal: $113,000
The recreation program scholarship project for low-income youth is newly proposed as it was raised by community members at a joint meeting, and both city and port representatives expressed interest in supporting it. It was initially proposed for the lifeguard program to ensure beach safety – although staff recommends considering allowing it for Recreation Programming overall as it is unclear if there is enough demand to utilize the funding solely for the Lifeguard Program. Staff could make it available for Agenda Item No. 14 Page 2 of 5 CC Agenda 09-03-2024
CAC Recommendations Re CBF
September 3, 2024

Page 3 ends

Lifeguard Program initially but if funds remain could utilize funding for other recreation programming as well.

The Port stated at the most recent joint meeting that they anticipate available funding to total $143,000 this year. With the proposed projects listed above, this would result in an additional $30,000 in funding available for any additional items. The Joint Port/City Committee proposed two additional categories:
• Public Safety: Providing funding for the City’s K9 Unit which is anticipated to benefit both the City and the Port.
• Mental Health: No specific project was identified but the category was identified as one for consideration.

The current project list already includes a health and wellness fair that would include a focus on mental health services. Based on estimated costs and current budgets, Council could consider allocating an additional $2,500 towards the Health and Wellness Fair event, bringing the total to $12,500, and allocating the remaining $27,500 towards the City’s K9 unit which will provide services to the City and the Port, or identify other projects as desired.

FISCAL IMPACT:

The projects identified are to be funded using Community Benefit Fund funding, no general fund impact is anticipated.

STRATEGIC PLAN:

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

Optimal Levels of Service for Residents and Businesses
• Increase communication, outreach and proactive engagement of all members of our population
ATTACHMENTS:

A. List of CBF Appropriations (FY 21-Present)
Agenda Item No. 14 Page 3 of 5 CC Agenda 09-03-2024
This Page Intentionally Left Blank
Agenda Item No. 14 Page 4 of 5 CC Agenda 09-03-2024
Public Monument - Bard Phase $ 120,000 allocations of $50,000, $30,000 and $40,000 Public Mural Project $ 50,000 allocations of $15,000, $25,000 and $10,000 City / Port Washington Advocacy Trip $ 40,000 2 allocations of $20,000 Moranda Park Visitor Amenities $ 20,000
Hueneme Park Sand Enhancement $ 20,000
City/Port Community Events $ 16,350
Inlakech Cultural Arts (Youth Mariachi) $ 15,000 3 allocations of $5,000 Reel Guppy Outdoors $ 15,000 3 allocations of $5,000
Police Explorers $ 15,000 3 allocations of $5,000
Boys & Girls Club $ 10,000
LegoFirst First Robotics Competition $ 10,000 2 allocations of $5,000 Scholarships $ 10,000
Port Hueneme HS Boosters Athletic Prog. $ 10,000 2 allocations of $5,000 REACH $ 10,000
$5,000 -Learn to Swim program
$5,000 - Junior Lifeguard program
Cats & Cradle Feral Cat Management $ 8,000 allocations of $3,000 and $5,000 Sister City Program $ 7,500
Navy League $ 7,500 allocations of $2,500 and $5,000
Caregivers $ 6,200 allocations of $1,200 and $5,000
SEEAG $ 5,000
The Children's Workshop $ 5,000
BananaFest - Community Event $ 5,000
Hueneme Beach Festival $ 5,000
Audubon Society Cameras $ 5,000
Little League $ 5,000
Coastal Keepers $ 5,000
Habitat for Humanity $ 2,500
Ventura County Leadership Academy $ 2,500
Hueneme Beach Park Bike Station $ 2,000

COMMUNITY BENEFIT FUND ALLOCATIONS
FY 20-21 THROUGH FY 23-24
Attachment A
Agenda Item No. 14 Page 5 of 5 CC Agenda 09-03-2024
DATE: September 3, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: COMMUNITY BENEFIT FUND – ESTABLISHMENT OF 2025 CITY

REVIEW PROCESS
RECOMMENDATION:

It is recommended that the City Council receive a summary of the Citizen Advisory Commission’s (CAC) comments and recommendations regarding the proposed Community Benefit Fund (CBF) review process and approve a revised procedure for the 2025 CBF process that includes an application process and structured CAC review.

BACKGROUND/ANALYSIS:
2025/2026 Community Benefit Fund Process Proposal
The Community Benefit Fund was created pursuant to the 2015 agreement between the Oxnard Harbor District (Port) and the City of Port Hueneme. The Port annually contributes $100,000 to the Community Benefit Fund (CBF), when its gross operating revenues exceed $13M. To facilitate the identification of mutually agreeable CBF allocations, the agreement calls for the establishment of a joint City/Port committee which includes the Mayor, Mayor Pro Tem, City Manager, Port President, Vice President and Port Chief Executive Officer. This staff report is intended to focus on the process that the City uses to develop its list of projects, which will then be presented to the Joint City/Port Committee for feedback.

On September 5, 2023, the City Council approved a list of CAC responsibilities, which included the task of reviewing proposed allocations from the CBF. Pursuant to that charge, on May 28, 2024, CAC reviewed the preliminary list of CBF projects that was developed by the City Council at its April 15, 2024 meeting. During this review, the Commission expressed interest in two main areas: first, obtaining additional details regarding the preliminary list of projects; and second, exploring a restructuring of the way in which the City considers CBF allocations. CAC expressed a clear understanding that it does not have purview over the Port’s review process and made clear that its recommendations are specific to the process through which the City considers CBF allocations.

Agenda Item No. 15 Page 1 of 6 CC Agenda 09-03-2024
CAC Recommendations Re CBF
September 3, 2024

Page 2 ends

The commission discussed its interest in receiving a revised project list that includes the following:
➢ A detailed description for each proposed project
➢ Key Performance Indicators to allow for the assessment of project objectives ➢ Identification of the CBF project categories as outlined in the settlement agreement, aligned with each project
➢ A list of projects that previously received allocations from the CBF ➢ Amount of funding proposed for each project
➢ Development of a structured process to solicit, review and select projects Ultimately, CAC unanimously recommended that 1) Council receive feedback about their deliberations, 2) CAC be provided the opportunity to review a revised project list (as noted below), and 3) Restructure the CBF review process to include a grant like program whereby community organizations and nonprofits submit requests for CBF funding to a designated body (to be determined). The revised list requested by CAC would include detailed project descriptions, proposed funding amounts, alignment with the categories in the agreement and information about which projects were previously funded.

At its July 8, 2024 meeting, CAC voted unanimously to support the following revised procedure for the City’s review of CBF projects. Due to the timelines required by the agreement, this process would not be able to be implemented this year, but could be implemented for 2025. Staff recommends that City Council consider and provide direction to staff regarding utilizing this process for the 2025 CBF project process:

Step 1: On or about February 1st of each year, the City will issue an announcement about the CBF and advertise the application process, with a deadline of March 15th.

The application will require information regarding each project including a detailed description.

Step 2: City staff will review funding requests to ensure alignment with CBF categories outlined in the Settlement agreement. They will present their findings at a public CAC meeting for recommendations.

Step 3: Project submissions and CAC recommendations will be presented at a City Council meeting.

Step 4: Feedback gathered during Step 3 will inform City representatives participating in the City/Port joint committee.

Step 5: Following review by the City/Port joint Committee, the City Council will receive and deliberate on the list generated in Step 4. Should the Council not approve this list, it may provide additional guidance to its joint committee representatives or refer the matter back to the CAC for further review.

A sample application is attached to this staff report.

Agenda Item No. 15 Page 2 of 6 CC Agenda 09-03-2024
CAC Recommendations Re CBF
September 3, 2024

Page 3 ends

As part of that review, staff will provide information regarding the formation of the Community Benefit Fund, including the priority categories identified in the agreement:

4. Other Projects Agreed To By The Parties Any project or projects as may be agreed to in any year by the District’s Board of Harbor Commissioners and the City Council.

Additionally, staff will provide information regarding the City Council’s established goals for the partnership with the Port in coming years – these goal areas were considered during discussion of Community Benefit Fund projects.

1. Streets and Infrastructure Projects and Funding Opportunities

2. Traffic Improvements and efforts

3. Security of the Port and of the Community

4. Clean Technology that Helps Improve Our Environment and Mitigate Impacts Providing this background and information would provide guidance for the CAC to use to review projects and make recommendations to the City Council.

FISCAL IMPACT:

Direction to prepare associated staff reports and presentations and conduct a special meeting of CAC would require an estimated 8-10 hours of staff time. Such costs are included in the approved FY 24-25 Operating Budget.

Similarly, the adoption of the revised CBF review process outlined in the report would require an estimated 8-10 hours of staff time. Associated costs are included in the approved FY 24-25 Operating Budget.

Agenda Item No. 15 Page 3 of 6 CC Agenda 09-03-2024
CAC Recommendations Re CBF
September 3, 2024

Page 4 ends

STRATEGIC PLAN:

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

Optimal Levels of Service for Residents and Businesses
• Increase communication, outreach and proactive engagement of all members of our population
ATTACHMENTS:

A. Draft CBF Application Form
Agenda Item No. 15 Page 4 of 6 CC Agenda 09-03-2024

Attachment A
Community Benefit Fund Application
The City of Port Hueneme and the Port of Hueneme administer a Community Benefit Fund. Each year, these agencies review impactful and meaningful projects that fall within one of the following categories:

1. Shoreline Protection: Monitoring beach profiles, scrutinizing biannual sand replenishment operations and constructing associated improvements to protect the NCEL (owned by the District) and Hueneme Beach Park (owned by the City).

2. Community Development: Implementing joint initiatives that foster the community’s economic, social and environmental well-being including, but not limited to, public infrastructure improvements, sponsorship of special events, support of civic organizations, and similar activities.

3. Opportunistic Endeavors: Pursuing opportunities that foster the shared mission and interest of the City and District not otherwise described above including, but not limited to, economic development grants, environmental mitigation, enterprise zone establishment, joint trade missions and similar activities.

4. Other Projects: Any project or projects as may be agreed to in any year by the District’s Board of Harbor Commissioners and the City Council.

The City and Port review potential CBF allocations separately before coming together to reach mutual agreement on funding allocations. This application form is designed to assist the City of Port Hueneme in reviewing and evaluating CBF allocations. Parties interested in applying for funds from the CBF should complete all sections of the attached application form and submit to [email protected] no later than March 15.

Note: Organizations receiving funds from the City of Port Hueneme Community Benefit Fund will be required to execute an agreement. This agreement will stipulate:
• The approved purpose for which the funds are allocated • The requirement that funds must be returned if they are not used for the approved purpose • Reporting requirements which include a report with photos detailing how the funds were used Agenda Item No. 15 Page 5 of 6 CC Agenda 09-03-2024
Application for Funding from the Community Benefit Fund Organization Name:

Address:

Phone:

Email:

Is your organization a registered Non-Profit Yes No
Description of Organization: Provide a brief description of your organization's purpose and mission.

Proposed Use of Funds: Describe how the funds from the City of Port Hueneme Community Benefit Fund will be used by your organization. Include details on the project or program for which you are seeking funding.

Proposed Budget: Outline the budget for the project or program, specifying the amount requested from the Community Benefit Fund and detailing how the funds will be allocated.

Timeline: Specify the timeframe within which the funds will be spent and the project or program will be implemented.

With which of the Project Categories (see page 1 for definitions) does your request align? Shoreline Protection
Community Development
Opportunistic Endeavors
Other Projects
Application Submission: Applications must be submitted by March 15 to be considered for funding in the upcoming Fiscal Year.

Agenda Item No. 15 Page 6 of 6 CC Agenda 09-03-2024

Port Hueneme City CouncilSeptember 3, 2024

Port Hueneme City Council
September 3, 2024