Agenda packet — Port Hueneme City Council, July 21, 2025 (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 FISCAL IMPACT:

There is no fiscal impact associated with the adoption of an amended version of the Heroes, History, and Heritage Policy.

ATTACHMENTS:

A. Redlined version of the Heroes, History and Heritage Policy Agenda Item No. 12 Page 2 of 26 CC Agenda 07-21-2025
City of Port Hueneme
Standardization and Business Rules
City of Port Hueneme
Document Review Form for New Policy or Policy Update
Document No:

COPH-100-100 rev10
Document Short Name:

Heroes, History, and Heritage Recognition Policy
Date Submitted:
9 September 2020June 9, 2025
Submitted By:

Brick ConnersCharles Peretz
Document Description:

Amendment to Guidelines, Process, and Criteria for recognizing extraordinary Public and Community Service through City Property, Facilities, Equipment, or Event naming, renaming, commemoration, or other forms of public recognition.

Attached Reference Document(s) File Names:

COPH-100-100 rev 1 Heroes_History_Heritage 9.8.20 6.9.25 Reviewed By:

Signature:

QA By:

Signature:

Name: Date
Title:

Approved By:

Signature:

Name: Date
Title:

Attachment A
Agenda Item No. 12 Page 3 of 26 CC Agenda 07-21-2025
City of Port Hueneme
Heroes, Historic
Preservation, and Cultural
Heritage Policy
SOP/ Revision COPH-100-100rev1
Canceled SOP/ Revision Original
Active Date 09/08/2020TBD
18 Pages Review Periodicity – Annual Periodic Update (Date) 09/08/20216/16/2026 Approval
Authority City Council Approval Date 09/08/2020TBD
Distribution:

Electronic .pdf
References: (a) University of Pennsylvania Policy Strategies for Monuments and Memorials (b) National Capital Planning Commission Memorials and Museums Master Plan (c) California State Law and Historic Preservation
Attachments: (1) Steps for Establishing a Memorial
(2) Nomination/ Application
(3) Centenarian Recognition Application
(3) Steps for California Historical Resource Registration (4) List of Historic Preservation and Heritage Objects and Sites I) Purpose: To establish a uniform policy regarding requests or nominations for the naming or renaming of City-owned land and facilities as monuments or memorials, including parks, recreational facilities, buildings, or streets. The objective is to retain crucial community memories to assure preservation and continued community connection to community members and organizations whose actions reflect the key community values and common cultural heritage that enhance the City’s prestige, pride, and heritage. This policy also seeks to recognize centenarians (individuals who have reached the age of 100) as living symbols of community longevity and resilience. Additionally, this policy provides process and guidance standards for other forms of extraordinary community service and leadership recognition, such as commemorative plaques, statues, murals, art, awards, and functional features like benches, park equipment, or motorized equipment. The terms Plan, Policy, or Instruction have the same meaning in this document.

II) Cancellation: All previous commemoration, property and facility naming, and recognition policy documents are hereby cancelled and superseded by this document. All prior executed commemoration and recognition actions will remain in effect, subject to renaming procedures if deemed appropriate. The City of Port Hueneme retains the sole right to change, amend, or modify any term or provision of this policy, so long as it is more restrictive than governing policy documents.

III) Scope: This plan applies to all City Staff and Elected Officials, City of Port Hueneme Residents and Businesses, and any external Organization or Individual that is sponsored by a City Resident or Business.

IV) Discussion: The historical memory of a city is often best maintained and best transferred to visitors and new residents through a disciplined commemoration and recognition approach that showcases the City’s most significant historical events and personal contributions in a highly visual and impactful manner. Monuments and memorials engage the population in sustaining that memory on a daily basis. Since historically significant events are not necessarily equal in their contribution to the City’s history, it also important to prioritize the monument and memorial historic value Agenda Item No. 12 Page 4 of 26 CC Agenda 07-21-2025
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contribution relative to a visitor’s experience and perception. Therefore, the object’s space, size, location, promotion, and anticipated viewer traffic should correlate to that assessed value. Included in this framework is the recognition of centenarians living in our community. These individuals provide a unique connection to past generations, enriching our community and underscoring the values of resilience.
a) Policy and Leadership. Implement the requirements of this procedure and ensure all participants are aware of the expectations for its application and use. Leaders at all levels are responsible for complete integration and fidelity in order to establish and sustain a culture of excellence and full public transparency. Leaders are also responsible for maintaining a climate that fosters effective feedback and the willingness to raise issues outside their immediate control.
b) Training and Education. Routine public information campaigns should be deployed to promote existing historically significant monuments and to educate the public on the means available to them to induct future honorees.

V) Policy. All City personnel are subject to this instruction independent of experience, qualifications, position, or length of service.

VI) Responsibilities. The City Manager has overall responsibility for this instruction. The Deputy City Manager has responsibility for reviewing, updating, implementing, and coordinating this instruction, including frequent reviews for program consistency, fairness, and quality. The City Clerk has responsibility for coordinating public participating and approval processes, including any ceremonial events associated with the project. The Facilities Manager and the Director of Public Works have responsibility for facilitating object cost analysis, procurement, construction, and preventive maintenance. The Recreation and Community Services Manager, in conjunction with designated public committees/ commissions, are responsible for fielding, vetting, and recommending recognition nominees according to their contribution to City quality of life and history. The Director of Finance is responsible for either budgeting or processing donations in support of a recognition event.

VII) Policy, Process, and Procedures.

Table of Contents
SECTION 1 – GENERAL OVERVIEW AND PROCEDURES ........................................................................................... 4

1.1 MONUMENTS, MEMORIALS, MEMORY, PUBLIC ART, DEFINING TERMS, AND POLICY............................................................4

1.2 KEY ROLES AND RESPONSIBILITIES ...............................................................................................................................6

1.3 HISTORIC PRESERVATION AND HERITAGE GOALS AND OBJECTIVES .....................................................................................7 SECTION 2 – PROPERTY, FACILITIES, EQUIPMENT, AND EVENTS ............................................................................ 7 Agenda Item No. 12 Page 5 of 26 CC Agenda 07-21-2025
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2.1 CITY OWNED PUBLIC PROPERTY..................................................................................................................................7

2.2 CITY EVENTS ...................................................................................................................................................10109 SECTION 3 – NAMING OR RENAMING REQUIREMENTS.................................................................................. 10109

3.1 GENERAL CRITERIA ...........................................................................................................................................10109

3.2 SPECIAL CRITERIA...........................................................................................................................................111110 SECTION 4 – STANDARDS, PROCESS, AND PROCEDURE................................................................................ 121211

4.1 NAMING OF CITY-OWNED PUBLIC BUILDINGS AND PROPERTIES (OTHER THAN PARKS AND PARK FACILITIES)....................121211

4.2 NAMING OF CITY-OWNED PARKS AND PARK FACILITIES.........................................................................................131312

4.3 MONUMENTS, MEMORIALS, PUBLIC ART, AND OTHER OBJECTS WITHIN CITY-OWNED PROPERTY AND FACILITIES. ............141413

4.4 MONUMENTS, MEMORIALS, PUBLIC ART, AND OTHER OBJECTS WITHIN PRIVATELY-OWNED PROPERTY AND FACILITIES.....151513

4.5 CITY EVENT NAMING ......................................................................................................................................151513 SECTION 5 – ANNUAL HUENEME HERO AWARD .......................................................................................... 151514

5.1 HUENEME HERO AWARD STANDARDS................................................................................................................151514

5.2 HUENEME HERO AWARD PROCESS AND PROCEDURES...........................................................................................161614 SECTION 6 – RECOGNITION OF CENTENARIANS .................................................................................................. 15

6.1 CENTENARIAN RECOGNITION PROCESS AND PROCEDURES ..............................................................................................16 Section 1 – General Overview and Procedures

1.1 Monuments, Memorials, Memory, Public Art, Defining Terms, and Policy

1.1.1 Monument – A statue, building, or other structure erected to commemorate a famous or notable person, event, action, or memorial. Notable people may include military, political, or cultural heroes. Actions or events may include a key trajectory inflection point from the City history.

Monuments are built to help us remember. Example: Orvene S. Carpenter Community Center.

1.1.2 Memorial – An object, event, or feature intended to preserve the memory of a person or thing. Memorials are used to make sure we never forget and may not be bound to the proudest moments in City history. The connection between a memorial and its place can’t be ignored either.

Example: Alaska Air Flight 261 Sundial Memorial.

1.1.3 Memories – Locations for monuments and memorials should optimize the connection between past, present, and visitors. That connection is strengthened when the memorial is at, or near, the most significant link to what the memorial is designed to represent.

1.1.4 Public Art – Although Public art may serve as a monument or memorial, the main purpose of public art is to increase visitor patronage and visually convey community values, heritage, and vision. The object should stimulate a positive emotional reaction and reflective thoughts for those who observe it. Objects may include, but are not limited to, sculpture, monuments, bas reliefs, mosaics, frescoes, stained glass, murals, and fountains. Example: Rocky statue in front of the Philadelphia Sports Complex in South Philadelphia.

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1.1.5 Defining Terms – Term definition is an important aspect of identifying meaning throughout the policy and guiding perceptions to eliminate misinterpretation. The following terms define the City’s mission and values, as represented in the City’s Strategic Plan, and help clarify the key terms and elements of the policy.
- City Mission – To improve the quality of life for all people who live, work and visit the City of Port Hueneme according to the following guiding principles or values:
- Maintain an open, accessible, ethical, and accountable government - Promote, invite, and encourage community engagement
- Respect the diversity of the community, treating people fairly and with dignity and respect
- Foster cooperative relationships with community partners - Instill a sense of community, pride, and social responsibility - Contribute to a vibrant and diversified economy, while maintaining a healthy fiscal posture
- Apply health and safety measures that meet the needs of the whole community - Serve as responsible stewards of our environment
- City Vision – Small City Doing Big Things. There are five pillars that guide the City’s vision:
- Optimal levels of service for residents and businesses - Fiscal and economic excellence
- Innovation and opportunity
- Safe, secure and beautiful community
- Strategic partnerships
- Culture – A system of shared values, norms, rituals and assumptions, that guide member’s attitudes and behaviors.
- Leadership – The ability to build extraordinary teams and individuals that can capture the hearts, minds, and fighting spirit of others, and simplify the means they use to inspire, decide, and act in pursuit of extraordinary goals and extraordinary results, with courage and confidence. - Heritage – The valued objects, qualities, or cultural traditions emblematic of the values and vision that we aspire to.
- Hero – An individual that provides extraordinary community contributions associated with public safety, community development, cultural heritage, community service, environment, and economic development.

1.1.6 Key policy elements – There are five key policy elements required for optimizing the investment and historic contribution value of City monuments, memorials, or public art:

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- Ownership and Operation – The City’s heritage, character, and common history preservation is a shared responsibility between government, the public, and the private sector. This policy document is intended to organize and drive that shared responsibility. - Regulation – To avoid confusion, assign responsibilities, prioritize historic contributions, promote the most strident events, showcase what makes the City unique and important, and organize the disciplined processes that deliver those results, all efforts must be regulated. Additionally, a representative object or structure bears a cost burden in both implementation, upkeep maintenance, and restoration. Ignorance of those costs, or obscure ownership of those costs during the selection process, increases the probability of embarrassing neglect and negates the intended purpose of the object. And finally, consideration of object location and expansion for future memorials must also be addressed. This policy document is intended to package and streamline all those elements under a comprehensive and complete unified planning strategy. - Incentives (disincentives) – Aligned with City Strategic Initiatives, Community Development Plans, and Economic Developments plans, through the strategic selection of future site locations and historic/cultural preservation value thresholds, all development plans will indirectly benefit and could potentially induce private investment. This policy document is intended to integrate City strategy components into its incentive (disincentive) approach. - Establishment, Allocation, and Enforcement of Property Rights – Although this policy document is primarily intended to establish and allocate heritage objects on public lands, private activities on private property must also be considered if the public can visually experience the object from public commons. This policy document is intended to offer standards and guidance in consideration of private property rights too.
- Information – Public information originates with the nomination and selection process and then will be used to solicit public comment to help inform the recommendation and approval process.

Following approval, public information will prepare the public for groundbreaking and opening events. Frequent communications through multiple channels will remind the public of the historic event represented by the object and will encourage future patronage and connection to the historic event and people. This policy document is intended to offer strategic communication standards and guidance to enhance public support and connection.

1.2 Key Roles and Responsibilities

1.2.1 City Manager – The City Manager has overall responsibility for policy currency and process integrity. The City Manager will also assure budget allocation is secured for upkeep and restoration requirements.

1.2.2 City Council – The City Council has final approval authority for historic preservation and heritage projects, including cost, design guidelines and specifications, and criteria adherence.

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1.2.3 Recreation and Community Services Manager – The Recreation and Community Services Manager has responsibility for fielding project and naming requests, certifying nominee eligibility, validating nominee record, grants applications, and coordinating with Port Hueneme Citizen Advisory Commission for nominee recommendation advancement to the public and City Council.

1.2.4 Port Hueneme Citizen Advisory Commission – The Advisory Commission will be responsible for applying due diligence and exacting standards in review of screened applicants, design guidelines and specifications, costs, location, and public support associated with historic preservation and heritage projects. Their review will produce a recommendation to either proceed or terminate the application.

1.2.5 City Clerk – The City Clerk is responsible for advancing an Advisory Commission recommendation to proceed through the deliberative process of public comment and City Council action. The City Clerk will also be responsible for coordination of State Historic registry is applicable.

1.2.6 Public – The public is encouraged to participate in this process through nominations, public comment, sponsorship, donations, and patronage.

1.3 Historic Preservation and Heritage Goals and Objectives

1.3.1 Given limited space and resources, provide equitable treatment to historically significant people and events through judicious use of property and facilities according to their relative value contribution to City, County, State, or National history.

1.3.2 Encourage and accommodate Public participation in the process of connecting City history to the present and the future, through open and transparent history preservation and heritage project development and execution.

1.3.3 Fully consider and be mindful of the impact to community and economic development that that this program has the potential to create.

1.3.4 Once erected, these important projects must be maintained, restored when needed, promoted, and celebrated in a manner suitable to the honor and prestige originally intended.

Section 2 – Property, Facilities, Equipment, and Events

2.1 City Owned Public Property

2.1.1 Parks and Park Equipment – Based on visitor patronage and/or size, City Parks are ranked in descending dignity value as follows:

1. Hueneme Beach Park: 50-acre park with beach and ocean access, barbecue pits, flag plaza, Flight 261 Memorial, paid parking, picnic areas, public restrooms, sand volleyball courts, snack bar building, restaurant, and walking paths
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2. Bubbling Springs: 21-acre community park with children’s play equipment, picnic sites, barbecue pits, public restrooms, 2-3 hard ball fields, one T-ball field, concession building

3. Bubbling Springs Corridor: 7-acre pathway system along drainage channel that opens to Hueneme Beach Park.

4. Moranda Park: 8-acre park with two basketball courts, 2 softball fields, 6 tennis courts, 5 pickle ball courts, children’s play equipment, multi-purpose building, public rest rooms

5. Bolker Park: 4-acre neighborhood park with children’s play equipment and picnic tables

6. Dewar Park: Mini park with landscaped seating and small plaza.

7. Wene’mu Park: Mini park with turf/landscaping, seating and a small walking path.

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2.1.2 Facilities – Based on public visibility, patronage, and access, City Facilities are ranked in descending dignity value as follows:

1. Pier: 1,250 ft over the beach and ocean extension for viewing and fishing.

2. Port Hueneme Lighthouse and Promenade: Historic lighthouse from 1941.

3. Community Center (Orvene S. Carpenter): Multipurpose event and classroom facility.

4. Port Hueneme Historical Society Museum: Ventura County Landmark #32.

5. Port Hueneme Library (Ray D. Preuter): 15,064 square ft multipurpose library.

6. City Hall: Police Department, Administration, and City Council

7. Public Works: Public works administration and maintenance yard.

8. Housing Annex: Housing administration and storage.

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2.2 City Events

2.2.1 Current and Future Events- The most persistent and well-known City event is the Annual Beach Festival. Additional future events may be eligible for historic preservation or heritage connections through this policy as well.

Section 3 – Naming or Renaming Requirements

3.1 General Criteria

3.1.1 Public Image – If an existing named property or facility can be associated with a controversial, illegal, or immoral activity or enterprise, which is detrimental to the City’s image, mission, or ethical Agenda Item No. 12 Page 12 of 26 CC Agenda 07-21-2025
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standards, the property or facility name may be revoked at City Council discretion. It is important that great care be applied during the naming process due diligence phase in order to preclude this from happening in the future.

3.1.2 Private Funding – The donation of property or facilities, or any funds provided for acquisition, renovation, or maintenance of property or facilities, shall not constitute a City obligation to name the property or facility after an individual, family, or organization.

3.1.3 Cost Assignment and Responsibility – Assuming Council approval, all costs including staff time, labor, and materials associated with the installation of plaques, monuments, memorials, art and/or the replacement of signs resulting from this policy will be borne by the individual, group, or organization sponsoring the request. Financial consideration for maintenance, upkeep, and restoration of historic and heritage preservation objects, is also a precondition of project approval and execution.

3.1.4 City Sponsored Projects – The City will sponsor and fund no more than one historic preservation and heritage project annually. These projects will be dedicated to former City Elected Officials, former City Employees, and standout Community Service Leaders who have demonstrated sustained extraordinary service and leadership in support of community heritage, economic development, or environmental stewardship. The memorial object will be limited to a standard 3D bronze relief/portrait plaque mounted on a standard concrete or rock stanchion. Inscriptions will specify the time of service and the most significant contribution they are being recognized for. The placement location will be limited to the Bubbling Springs corridor walkway between Moranda Park and Surfside Drive or the Beach Park walkway between the pier and Ventura Road promenade.

Exceptions to this standard will require unanimous City Council approval.

3.1.5 City Sponsored Events – Any City sponsored event may be used to promote cultural heritage or city history by including a properly approved dedication name in dedication branding, marketing material, and themes. The event should also consider honoree rotations to optimize historic connection to newer residents and visitors.

3.1.6 Installation of Approved Items – All projects must be compliant with state and local laws and all permitting requirements must be satisfied prior to project start.

3.2 Special Criteria

3.2.1 Renaming Special Consideration - Renaming a property or facility, except for clear and valid negative image issues, must not be taken lightly. Advocates must provide compelling justification for such a change considering the historic significance and costs associated with renaming. As such, a thorough study is required to execute such a change and a unanimous Council vote would be preferred. Furthermore, the City will only consider renaming to commemorate a person or persons, posthumously, when the person or persons have a made a major, overriding contribution and whose distinctions are as yet unrecognized.

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3.2.2 Street Renaming Special Consideration - It is the intent of this policy to prohibit, except under extraordinary circumstances, the renaming of City streets. As such, written approval by 66% of effected property owners is required and a super majority (4-1) City Council vote is preferred.

Effected property owners are defined as houses or businesses that use the street name in their address or for streets that connect with adjacent jurisdictions.

Section 4 – Standards, Process, and Procedure

4.1 Naming of City-Owned Public Buildings and Properties (other than Parks and Park Facilities)

4.1.1 Basic Naming Standard - The City will choose names for public buildings and properties owned by the City of Port Hueneme based on the building’s relationship to any of the following criteria:
- Neighborhood, geographic, ethnic or cultural history, or common usage identification - Building or property’s purpose
- A natural or geographic feature
- An historical figure or place
- An individual, living or deceased, who has made a significant land, building, or monetary contribution to the city for the building or property to be named - An individual, living or deceased, who has contributed outstanding civic service to the city, and, if deceased, has been so for a period of at least one year, unless the nomination occurred prior to passing
- An individual that made lasting and significant contributions to the protection of natural or cultural resources
- An individual that made substantial contributions to the betterment of a specific facility or park - An individual that made substantial contributions to the advancement of commensurate types of recreational opportunities
- An individual directly responsible for a significant economic development or redevelopment activity
- An individual directly responsible for a significant quality of life improvement - An individual who has volunteered 10 or more years to community service

4.1.2 Interior Features - The interior features of a City-owned building may be named separately from the main building subject to standard naming procedures.

4.1.3 Sunset Naming - Designation of name shall not prohibit the renaming of the building or property at a future date, or the designation of a sunset for the name at the time of approval. Name changes shall be subject to both standard and special criteria.

4.1.4 Initiation – In order to be considered, nominations must be submitted through the Recreation and Community Services Division using enclosure (2) nomination and application form.

4.1.5 Staff Screening – The Recreation and Community Services Division will review the application for completeness, accuracy, and criteria thresholds and then forward the application with Agenda Item No. 12 Page 14 of 26 CC Agenda 07-21-2025
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recommendation and justification for either denial or further processing to the Deputy City Manager. The Deputy City Manager will validate the initial application disposition and forward to the Citizen Advisory Commission for processing.

4.1.6 Citizen Advisory Commission Screening – The Citizen Advisory Commission will conduct a comprehensive review of a candidate’s record. If the candidates record and policy criteria warrant such an action, the Citizen Advisory Commission will also confirm that all costs associated with the action are accounted for. With both conditions satisfied, the Citizen Advisory Commission will forward a recommendation to the Deputy City Manager for City Council action and the applicant will be notified. If either condition is not met, the process will be terminated, and the applicant will be notified.

4.1.7 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

4.1.8 City Council Action – The City Council will vote to approve Citizen Advisory Commission recommendation, subject to public comment contributions. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.

4.2 Naming of City-Owned Parks and Park Facilities

4.2.1 Basic Naming Standard - If a new park or park facility is created, a working name for a park or park facility will be assigned by the City Recreation and Community Services Division at the time of property acquisition or property repurposing. Suggested names will be historical, geographical, or the name of a boundary street. A permanent name for the park or park facility will be assigned at the time of the approval of the interim use and management plan or final park development plan, whichever occurs first. In naming parks and park facilities, consideration shall be primarily given to:
- Neighborhood, boundary roads, or common usage identifications - A natural or geographic feature
- Significant historical events or cultural attributes
- A historical figure
- A name chosen by an individual (living or deceased) who has made a significant land and/or monetary contribution to the park system
- An individual who has contributed outstanding service to the City or has been instrumental in acquiring or developing parks properties and who has been deceased for a period of at least one year
- Organizations having contributed to and influenced the betterment of the City - Parks and park facilities shall not ordinarily be named for living persons unless they have stipulated the name as a condition of donation or unless the park or park facility is part of a regional facility that is named in conjunction with other governmental entities

4.2.2 Initiation – Suggestions for parks or park facilities names shall be solicited from organizations, neighborhood residents, individuals and the media. All suggestions, solicited or not, shall be Agenda Item No. 12 Page 15 of 26 CC Agenda 07-21-2025
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acknowledged and recorded for consideration by the Recreation and Community Services Division.

The Recreation and Community Services Division shall host a community meeting to provide an opportunity for public comment on name recommendations. The Recreation and Community Services Division shall wait at least one year between receipt of a name proposal related to a current event before final recommendation of that name.

4.2.3 Staff Screening – The Recreation and Community Services Division will review candidate names for criteria thresholds and then forward a recommendation list for further processing to the Deputy City Manager. The Deputy City Manager will validate the list and forward to the Citizen Advisory Commission for processing.

4.2.4 Citizen Advisory Commission Screening– The Citizen Advisory Commission will conduct a comprehensive review of naming recommendations and make a selection. The Citizen Advisory Commission will also confirm that all costs associated with the action are accounted for. With both conditions satisfied, the Citizen Advisory Commission will forward a recommendation to the Deputy City Manager for City Council action. If either condition is not met, the process will be terminated, and the public will be notified.

4.2.5 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

4.2.6 City Council Action – The City Council will discuss and vote to approve Citizen Advisory Commission recommendation. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.

4.3 Monuments, Memorials, Public Art, and other objects within City-Owned Property and Facilities.

4.3.1 Initiation – Any individual, organization, or group may apply for the establishment of historic preservation and heritage objects using enclosure (2) nomination and application form.

Note: The applicant must be prepared to fund all project costs to include maintenance and restoration. The object design and size must be consistent with assigned location public safety requirements, design themes, and location value precedent.

4.3.2 Recommendation Process and Procedure – Staff and Citizen Advisory screening and recommendations will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

4.3.3 Approval Process and Procedure – Public comment and City Council approval will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

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4.4 Monuments, Memorials, Public Art, and other objects within Privately-Owned Property and Facilities.

4.3.1 Initiation – Any individual, organization, or group must apply for the establishment of any object using enclosure (2) nomination and application form, if the public can visually experience the object from public commons.

4.3.3 Approval Process and Procedure – Public comment and City Council approval will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

4.5 City Event Naming

4.5.1 Initiation, Screening and Approval – Any City sponsored event may be used to promote cultural heritage or city history by including a properly approved dedication name in dedication branding, marketing material, and themes. The event should also consider honoree rotations to optimize historic connection to newer residents and visitors. Initiation, screening, recommendations, public comment and City Council approval will be identical to section 4.2 Naming of City-Owned Parks and Park Facilities procedures.

Section 5 – Annual Hueneme Hero Award

5.1 Hueneme Hero Award Standards

5.1.1 Overview and Significance – There is extreme value in recognizing recent extraordinary community contributions associated public safety, community development, cultural heritage, community service, environment, and economic development. It also serves to connect historic heroes and heritage to the present.

5.1.2 Community Contribution Evaluation Period – Nominee contributions must have occurred between 1 May and 30 April of the year preceding the award presentation.

5.1.3 Nomination Submission Period – Nominations must be submitted by 1 June following the evaluation period.

5.1.4 Award Presentation – Award recognition and presentation will occur during the Annual Beach Festival.

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5.1.5 Nature of Award - The award will consist of a City proclamation and citation, a City Hall lobby framed portrait with award branding, and the name inscribed on a perpetual Hero bronze plaque.

There is nothing that would preclude multiple awards.

5.1.6 Award Grandfathering – Since this award was established in July 2020, considerations for the past five years will be considered. Beyond that, other options in this policy document should be considered.

5.1.7 Public Service Announcement and Community Engagement – All communication tools should be used in a timely and consistent manner to encourage participation, nominate deserving candidates, and promote community service.

5.2 Hueneme Hero Award Process and Procedures

5.2.1 Initiation – Nominations from organizations, corporations, residents, individuals and the media are all acceptable, assuming they occur within the acceptance window and are associated with the period under review. Enclosure (2) Nomination and Application Form must be used for submittals.

5.2.2 Staff Screening – The Recreation and Community Services Division will review candidate names for criteria thresholds and then forward a recommendation list for further processing to the Deputy City Manager. The Deputy City Manager will validate the list and forward to the Citizen Advisory Commission for processing.

5.2.3 Citizen Advisory Commission Screening – The Citizen Advisory Commission will conduct a comprehensive review of award recommendations and make a selection. The Citizen Advisory Commission will forward a recommendation to the Deputy City Manager for City Council action.

5.2.4 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

5.2.5 City Council Action – The City Council will vote to approve Citizen Advisory Commission recommendation. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.

Section 6 – Recognition of Centenarians

6.1 Centenarian Recognition Purpose and Process

6.1.1 Overview and Significance – Recognizing centenarians fosters a sense of community pride, celebrates longevity, and honors residents who have contributed to the history and culture of Port Hueneme. Centenarians serve as living links to the past, offering a personal and enduring connection to Formatted: Font: (Default) Calibri, 11 pt
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the City’s evolution, values, and community identity. This recognition program highlights their significance through formal and public honors.

6.1.2 Nomination Submission Period – Nominations will be received on a rolling basis as qualifying applications are received and verified, allowing flexibility and timeliness in celebrating each centenarian's milestone.

6.1.3 Nature of Recognition - The award will consist of a City proclamation recognizing the nominee’s 100th birthday. If desired, the centenarian will also be recognized at a City Council meeting and/or have their information included in the City’s monthly newsletter and social media platforms.

6.1.4 Eligibility Criteria – Nominees must have reached the age of 100 at the time of proposed recognition. Eligible individuals must currently reside in Port Hueneme or have spent the majority of their lives as residents. Nominations may be submitted by the centenarian, a family member, or a representative.

6.1.5 Application Submission – A completed Centenarian Recognition Program application form must be submitted to the City Manager’s office (CMO) at least 30 days prior to the issuance of the proclamation.

An application form, which serves as an attachment to this Policy and will be available on the City’s website is available to interested parties. After review by the CMO, qualifying nominee’s will be recognized pursuant to Section 6.1.3 above.

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Steps for Establishing a Memorial
Inititiate
Download & Complete Form
Collect
Letters of Support and
Validation
Design
Determine Project Size,
Features, and Style
Location
Determine Project Primary
and Secondary Site
Fund
Identify and Secure Funding
Submit
Provide Recreation And
Community Services
Completed Package
Initial Validation
City Staff Will Review for
Completeness and
Requirements Met
Citizen Advisory Commission
Schedule, Announce, and
Agendize Review Session
Public Comment
Provide Minimal 2 Weeks for
Public Comments
City Council
Receive Recommendations
and Public Comment then
Approve/ Disapprove Project
Execute
Allocate Funds, Construct,
Schedule Ceremony, Formal
Dedication
Communicate
Historic Preservation
Communication Plan
Preserve
Preventive Maintenance,
Inspection, Restoration
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Steps for California Historical Resource Registration
Evaluate Designation
Criteria
http://ohp.parks.ca.gov
Checklist and DPR 523
Forms Complete Application
Notify City Clerk of
Intent to File
City Provide Written
Comments (90 Days)
Forward Application to
Office of Historic
Preservation (OHP)
OHP Notification of
Packet Completion OHP Staff Review
Quarterly State Historic
Resources Commission
Meeting
Listing in California
Register if Approved
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List of Port Hueneme Historic Preservation and Heritage Objects and Sites Reference #
YY-001
Project
Name
Project
Date
Project
Type
Project
Site
Project
Cost
PMI
Cost
OHP
Registry
Agenda Item No. 12 Page 26 of 26 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Cable, City Engineer
SUBJECT: COOPERATIVE AGREEMENT SOLE SOURCE PURCHASE OF

BACKHOE
RECOMMENDATION:

It is recommended that the City Council approve the purchase of a 2025 John Deere 320P Cab Backhoe Loader w/Thumb equipped with 24” Bucket w/Edge, FRD F6QT Breaker, in the amount of $176,649.38, utilizing a cooperative purchasing agreement through Sourcewell Contract No. 011723-JDC.

BACKGROUND/ANALYSIS:

The City Council approved the purchase of a new backhoe as part of the FY 2025–26 budget process. This equipment will replace the City’s existing backhoe, which has reached the end of its useful life. The current backhoe, now 25 years old, must be retired before the end of the calendar year, as it no longer meets California’s emissions standards.

The new backhoe will allow City staff to continue performing essential operations across multiple departments. Over the past 25 years, the backhoe has been used for a wide range of critical tasks, including:
• Digging and locating sewer, stormwater, and water lines for maintenance or replacement beneath streets
• Excavating and leveling ground for sidewalk installation, curb repairs, and drainage improvements
• Performing street maintenance activities such as pothole repairs, dig-outs, and trenching
• Lifting and transporting materials like gravel, sand, and dirt • Conducting beach sand maintenance
• Supporting creek maintenance operations
• Debris Removal: After storms, the backhoe has cleared fallen trees, branches, or debris from roads to help get streets cleared and safe for residents • Assisting with various Capital Improvement Projects
Agenda Item No. 13 Page 1 of 6 CC Agenda 07-21-2025
Backhoe Purchase
July 21, 2025

Page 2 ends

The purchase of the new backhoe will ensure staff can continue to carry out these vital services efficiently and safely, while remaining compliant with state regulations.

Sourcewell cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies while also 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 our awarded contracts.

Sourcewell offers members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficient as they do business with each other. Sourcewell does this by establishing a business and service alliance between member buyers and contracted suppliers ensuring a valued and successful national cooperative contract program.

There are no costs associated with being a member of Sourcewell. The city has been a member for approximately 15 years.

FISCAL IMPACT:

Funds for the purchase of the Backhoe were included in the FY 2025-26 Landscape Maintenance, Street Maintenance, Gas Tax, Wastewater, Drainage Assessment District and the Water Funds budgets in the amount of $165,000; however, approval of this action will require an additional appropriation of $11,650 in Account No. 204-551-5600 CapitalEquipment. There is sufficient fund balance to accommodate the requested appropriation.

STRATEGIC PLAN:

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

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

A. Estimate
Agenda Item No. 13 Page 2 of 6 CC Agenda 07-21-2025
JohnDeere
Quote Id: 32722019

COASTLINE
Equipment /
Prepared For:

CITY OF PORT HUENEME
Prepared By: STEPHEN SKROPITS
Coastline Equipment Company
1930 Lockwood Street
Oxnard, CA 93036
Tel: 805-485-2106
Mobile Phone: 805-207-2194
Fax: 805-485-7963
Email: [email protected]
Date: 25 April 2025 Offer Expires: 28 July 2025
Confidential
Attachment A
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Agenda Item No. 13 Page 6 of 6 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Fred Camarillo, Public Works Director
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER AND THE PUBLIC

WORKS DIRECTOR TO SIGN RIGHT-OF-WAY CERTIFICATION IN

CONNECTION WITH STATE AND FEDERALLY FUNDED PROJECTS

WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION:

It is recommended that City Council adopt a Resolution entitled, “A Resolution of the City Council of the City of Port Hueneme, California, Authorizing the City Manager and the Public Works Director to Execute Right‐Of‐Way Certifications for Federally and State Funded Projects with the California Department of Transportation”.

BACKGROUND/ANALYSIS:

The City of Port Hueneme has been awarded a Surface Transportation Program (STP) Federally-funded Grant for Road Maintenance Projects in the amount of $200,000. In order to receive authorization to construct the project under this grant, a resolution must be submitted to Caltrans authorizing designated personnel to execute Right-of-Way Certification in order to proceed with the project.

Submittal of the Right-of-Way Certification is one of many requirements defined by Caltrans in its Local Programs Manual. Caltrans requires that each Local Public Agency agrees to indemnify, defend, and hold harmless the Department of Transportation (Caltrans) from any and all liabilities which may result in the event the right-of-way for this project is not clear as certified. Because the City of Port Hueneme’s project is staying within the boundaries of the existing road, and no right-of-way is proposed to be added, there is no risk to the City of Port Hueneme in approving the Certification FISCAL IMPACT:

None. This item does not require an expenditure of funds.

Agenda Item No. 14 Page 1 of 4 CC Agenda 07-21-2025
ROW Certification Resolution
July 21, 2025

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STRATEGIC PLAN:

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

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

A. Resolution
Agenda Item No. 14 Page 2 of 4 CC Agenda 07-21-2025
RESOLUTION NO.

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER AND THE PUBLIC WORKS DIRECTOR TO EXECUTE RIGHT‐OF‐WAY CERTIFICATIONS FOR

FEDERALLY AND STATE FUNDED PROJECTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Port Hueneme is eligible to receive Federal Funding for Transportation Projects, administered by the California Department of Transportation (Caltrans); and
WHEREAS, Caltrans requires right‐of‐way certification to be approved regardless of the need for right‐of‐way acquisition prior to encumbering federal funds; and WHEREAS, the right‐of‐way certification must be executed by resolution of the City Council or by an authorized official of the City of Port Hueneme; and WHEREAS, the City Council wishes to delegate the authority to execute the right‐of‐way certification to the City Manager or the Public Works Director.

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

SECTION 1: The City Council of the City of Port Hueneme does hereby authorize the City Manager and/or the Public Works Director to execute the right‐of‐way certification for federally funded projects.

SECTION 2: This Resolution shall take effect immediately upon its passage.

SECTION 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 21st day of July, 2025.

Martha R. McQueen-Legohn, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Attachment A
Agenda Item No. 14 Page 3 of 4 CC Agenda 07-21-2025

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 __ day of ____, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 14 Page 4 of 4 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Fred Camarillo, Public Works Director
SUBJECT: APPROVE A CHANGE ORDER TO THE ON-CALL PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF PORT HUENEME

AND MKN & ASSOCIATES
RECOMMENDATION:

It is recommended that City Council authorize the City Manager or Public Works Director to approve a Change Order to Agreement No. 2023-PSA-OC12-01A between the City of Port Hueneme and MKN & Associates, in an amount not to exceed $24,884, for professional consulting services related to Phase 2, which includes Capital Improvement Program Development, of the City of Port Hueneme Water Master Plan.

BACKGROUND/ANALYSIS:

In 2023, the City entered into a Professional Services Agreement with MKN & Associates (Agreement No. 2023-PSA-OC12-01A) to complete task orders related to engineering design projects for the City. The professional services agreement is capped at $300,000; any amount exceeding this limit requires approval from the City Council. To date, MKN & Associates has completed seven projects under this agreement and is now approaching the contract limit. Earlier this year, MKN & Associates completed the 1 st phase of the
master plan, providing a comprehensive analysis of the City's existing water infrastructure and future needs.

The Water Master Plan is being completed in multiple phases to allow for a structured and in-depth evaluation of the City’s water system and to ensure coordination is done with the City’s rate study consultant. With Phase 1 completed, Phase 2 will build upon the previous work by further refining system modeling, identifying capital improvement projects, phasing, and outlining long-term infrastructure strategies.

Staff recommends continuing with MKN & Associates for Phase 2 due to their familiarity with the City's water infrastructure, technical background gained in Phase 1, and the efficiency and continuity they provide. Retaining the same consultant ensures consistency Agenda Item No. 15 Page 1 of 29 CC Agenda 07-21-2025
MKN Associates Change Order
July 21, 2025

Page 2 ends

in methodology and minimizes the need for duplication of effort, which would otherwise be required if a new consultant were brought in.

The proposed Change Order will authorize additional professional consulting services in an amount not to exceed $24,884.

FISCAL IMPACT:

Sufficient funds for the Change Order are available in the Water Enterprise Fund Account No. 301-560-5700 (Capital Projects). No General Fund resources are required.

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 Fiscal & Economic Excellence
• Establish Key Performance Indicators and systems for data management to help leaders monitor, measure and report, progress and successes Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors • Increase levels of emergency preparedness and education Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders ATTACHMENTS:

A. Professional Services Agreement with MKN & Associates (Agreement No. 2023- PSA-OC12-01A
B. MKN Water Master Plan Proposal Phase 2 CIP Development Agenda Item No. 15 Page 2 of 29 CC Agenda 07-21-2025
Agreement No. 2023-PSA-OC12-01A

Page 1 of 11 ends

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

THE CITY OF PORT HUENEME
AND
MKN & ASSOCIATES, INC.
5-YEAR ON-CALL

CIVIL ENGINEERING DESIGN SERVICES, CONSTRUCTION ADMINISTRATION

AND MONITORING SERVICES, MECHANICAL ENGINEERING SERVICES, AND

PROJECT AND PROGRAM MANAGEMENT SERVICES
This AGREEMENT is entered into this ______ day of February, 2024, by and between the CITY OF PORT HUENEME, a Charter City and Municipal Corporation (“CITY”) and MKN & Associates, Inc., a California S-Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “A,” which is incorporated herein.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform the following Civil Engineering Design Services, Construction Administration and Monitoring Services, Mechanical Engineering Design Services, and Project and Program Management Services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit B.

B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement.

C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.

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D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PAYMENTS.

A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task. The invoice will also include a description of the intended work to be undertaken in the next 30 days by CONSULTANT.

B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the Public Works Director.

C. The maximum not-to-exceed amount for any individual Task Order will be limited to $75,000.00.

D. CITY’s city manager may make payments up to $25,000.00 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.

4. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and DocuSign Envelope ID: 99C1F204-9906-410B-9E3C-A758260B7027 Agenda Item No. 15 Page 4 of 29 CC Agenda 07-21-2025

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iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder.

Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

5. TERM.

A. The term of this Agreement will be for a period of five (5) years beginning on the date of this Agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.

B. The term of this Agreement and any Task Order may be extended as determined by the Public Works Director or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

D. CITY shall annually, in the month of December, solicit an updated Exhibit A - Fee Schedule from the CONSULTANT. This document will outline the proposed rates for the CONSULTANT’S staff and subcontractors for the forthcoming calendar year. It is important to note that the CITY reserves the right to negotiate the presented hourly rates for any position detailed in Exhibit A. This clause ensures the CITY retains financial scrutiny over the cost of services and guard against unwarranted changes in rate schedule, creating a contractual atmosphere that encourages reasonable costing and financial fairness.

E. When services are requested by CITY, CONSULTANT will commence the requested services within a three-week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 13.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

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C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Public Works Director within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Public Works Director will extend the completion date, when appropriate, for the completion of the contracted services.

8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, or in any duly executed Task Order, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

10. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s authorized representative, who will be the primary contact and oversee and support the CONSULTANT’s assigned workforce team in carrying out the scope of work, will be Becca Bugielski, a California-licensed Civil Engineer.

B. A specific individual employed by CONSULTANT, and approved by the City Public Works Director, will be assigned as Project Manager for each specific project defined in the Task Orders. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.

C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment as set forth in the Task Order, for any reason, he/she will be replaced by another qualified person approved by the City Public Works Director.

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12. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

13. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement, or any individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.

B. CONSULTANT may terminate this Agreement, or any individual Task Order, at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.

15. OWNERSHIP OF DOCUMENTS. All documents, data collected, studies, CAD drawings, maps, utility plans, models, surveys, calculations, photographs and reports prepared and collected by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, DocuSign Envelope ID: 99C1F204-9906-410B-9E3C-A758260B7027 Agenda Item No. 15 Page 7 of 29 CC Agenda 07-21-2025

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for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.

16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

17. INDEMNIFICATION.

A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, including, without limitation, CITY’s defense costs (including reasonable attorney’s fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

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18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities.

CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO-CGL Form number. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

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C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.

22. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The subcontractor for any specific project scopes of work and services will be listed in the Task Order.

23. INCIDENTAL TASKS. When required by any Task Order, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
Charles Cable, PE, Principal Engineer Becca Bugielski, PE Public Works Department MKN & Associates, Inc.

City of Port Hueneme 121 North Fir Street, Suite G
250 N. Ventura Road Ventura, CA 93001
Port Hueneme, CA 93041 805-947-4917
805-986-6658 (office) [email protected]
[email protected]
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Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. This section does not apply to day-to-day communications between CITY’s and CONSULTANT’s project managers.

25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

26. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.

27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.

28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

29. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

A. Exhibit A: Fee Schedule
B. Exhibit B: Scope of Work For On-Call Civil Engineering Design Services, Construction Administration and Monitoring Services, Mechanical Engineering Services, and Project and Program Management Services.

30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a DocuSign Envelope ID: 99C1F204-9906-410B-9E3C-A758260B7027 Agenda Item No. 15 Page 11 of 29 CC Agenda 07-21-2025

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whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

34. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

DocuSign Envelope ID: 99C1F204-9906-410B-9E3C-A758260B7027 Agenda Item No. 15 Page 12 of 29 CC Agenda 07-21-2025
Eileen Shields, Principal
DocuSign Envelope ID: 99C1F204-9906-410B-9E3C-A758260B7027 Kevin Spaulding
2/9/2024
2/9/2024james vega
2/9/2024
Georgianna Nicole Alvarez
Agenda Item No. 15 Page 13 of 29 CC Agenda 07-21-2025

STATEMENT OF QUALIFICATIONS FOR CITY OF PORT HUENEME FOR ON-CALL 5-YEAR PROFESSIONAL SERVICES

FEE SCHEDULE
2024 FEE SCHEDULE FOR

PROFESSIONAL SERVICES

ENGINEERS AND TECHNICAL SUPPORT STAFF
Administrative Assistant $105/HR
Engineering Technician $114/HR
CAD Technician I $137/HR
CAD Design Technician II $155/HR
Senior Designer $170/HR
Assistant Engineer I $151/HR
Assistant Engineer II $168/HR
GIS Specialist $165/HR
Senior Planner $220/HR
Planner II $205/HR
Planner I $180/HR
Project Engineer I/ Senior Scientist $200/HR
Project Engineer II $208/HR
Senior Project Engineer I $220/HR
Senior Project Engineer II $225/HR
Project Manager $230/HR
Senior Project Manager $240/HR
Principal Engineer $260/HR
Project Director $280/HR
Senior Project Director $300/HR

CONSTRUCTION MANAGEMENT SERVICES
Construction Inspector $173/HR
Assistant Resident Engineer $178/HR
Resident Engineer $196/HR
Construction Manager $214/HR
Principal Construction Manager $252/HR
Routine office expensessuch as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost.

The foregoing Billing Rate Schedule is effective through December 31, 2024.

DIRECT PROJECT EXPENSES
OutsideReproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate ‐ $.625/mi.

EXHIBIT A

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EXHIBIT B
SCOPE OF WORK FOR:

ON-CALL CIVIL ENGINEERING DESIGN SERVICES

ON-CALL CONSTRUCTION ADMINISTRATION AND MONITORING SERVICES

ON-CALL MECHANICAL ENGINEERING DESIGN SERVICES

ON-CALL PROJECT AND PROGRAM MANAGEMENT SERVICES
Exhibit B Page 1 of 9
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ON.CALL CIVIL ENGIN RING DESIGN SERVICES
General oe of Work:

FIRM will provide civil engineering design services, including but not limited to, feasibility/concept plan studies and recommendations; preliminary design reports; oversight of applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; bridge analysis and design; and such other services as may be required by the CITY. Services will be provided by FIRM on projects as authorized and directed by CITY under a duly executed and approved Task Order.

FIRM will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed onany specific project untíl the Clry has issued a signed Task Order to FIRM for that particular project.

Work Tasks:

Upon request by CITY, FIRM will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

1. Perform concept and feasibility studies of project alternatives.

2. Perform hydraulic modeling.

3. Prepare preliminary design reports.

4. Prepare plans, specifications, estimates (opinions of construction cost) and other design related documents.

5. Provide drafting and computer aided drafting support.

6. Prepare and process permit applications for various regulatory and environmental permits.

7. Perform record drawing, utility, or other searches.

8. Perform field investigations and design surveying.

9. Provide associated subcontractor services as needed to perform specific project task order.
10 Prepare right-of-way maps and legal descriptions of real property for acquisítions.

11. Review and recommend award of construction contracts Exhibit B Page 2 of 9
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Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and preparing responses to contractor's RFls.

13. Prepare record ("as built") drawings.

14. Attend project meetings as necessary
Projects under this Agreement may involve one or more of the following Municipal I nfrastructu re I mprovements :
. Domestic water distribution system;
. Sanitary sewer collection system;
. Storm drainage collection system;
. Arterial, collector and local streets;
. Transportationsystem;
. Buildings and other types of facilities;
. Public park improvements;
. Beach maintenance;
. Other undertakings to be determined
lndividual Pro Task Order:

Upon request by CITY, FIRM will submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project. A sample Task Order form is attached.

The Task Order proposal will identify the specific tasks to be performed by FIRM.

Tasks will be listed in chronological order reflecting the entire scope of work as requested by CITY, along with an estimated cost per task and a combined total Not-to- Exceed cost.

Proposals will contain the names and titles of FIRM'S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Proposals will contain a project schedule indicating the various tasks and estimated time required to complete each task. FIRM'S project schedule will reflect all work to be performed by FIRM from initial execution through completion. 12 Exhibit B Page 3 of 9
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ON.CALL CONSTRUCTION ADMINISTRATION AND

MONITORING SERVICES
General Scope of Work:

FIRM will provide construction administration services during the construction phase of projects, including but not limited to, acting on the City's behalf for matters incidental to the project construction, and monitoring the work of contractors to ensure the contractors' general compliance with the contract documents. Services will be provided by FIRM on projects as authorized and directed by CITY under a duly executed and approved Task Order. FIRM will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No serviceswill be performed on any specific project until the CITY has issued a signed Task Order to FIRM for that particular project.

Work Tasks:

Upon request by CITY, FIRM will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

Organize, schedule and conduct the pre-construction meeting.

Conduct weekly (or daily if just inspection/monitoring services are provided) progress meetings with contractor, if necessary, and any other involved parties.

Review Requests for lnformation (RFl), shop drawings, samples, andother submittals.
lmplement and coordinate systems for processing all contract change orders by City. Negotiate all contract change orders with the contractor.

Prepare contract change order documents. Maintain daily extra work bills and quantities as necessary to document payments to contractors for extra work.

Review contractor's construction schedule.

Review contractors' monthly progress payment requests to verifu pay quantities.

Develop punchlísts to permit city acceptance of each element of work.

Conduct a final project review with the City
1 2
3 4
5 6
7 8
I

10. Act as liaison between the City and representative of permítting agencies.

Provide a Resident Engineer and/or a construction inspector/monitor to inspect the contractor's construction operation and to monitor general compliance with the provisions of the contract documents. 11 Perform daily inspectíon/monitoring of construction activities. Document the Exhibit B Page 4 of 9
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construction activities in a daily observation form.

12. Prepare a photographic and daily log and maintain one (1) photographic "book" for the project documenting existing conditions as well as construction activities.

13. Maintain one set of contract documents with current information regarding addenda, substitutions, clarifications and change orders.

14. Coordinate field and laboratory material testing services for the Project.

15. Conduct a final project review with the City and submit a recommendation for Project acceptance.

Projects under this Agreement may involve one or more of the following Municipal I nfrastructure lmprovements:
. Domestic water distribution system;
. Sanitary sewer collection system;
. Storm drainage collection system;
. Arterial, collector and local streets;
. Transportationsystem;
. Buildings and other types of facilities;
. Public park improvements;
. Beach maintenance;
. Other undertakings to be determined
Individual Proiect Task Order:

Upon request by CITY, F¡RM will submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project. A sample Task Order form is attached.

The Task Order proposal will identify the specific tasks to be performed by FIRM.

Tasks will be listed in chronological order reflecting the entire scope of work as requested by CITY, along with an estimated cost per task and a combined total Not-to- Exceed cost.

Proposals will contain the names and titles of FIRM'S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Exhibit B Page 5 of 9
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ON-CALL MECHANICAL ENG NEER¡NG DESIGN SERVICES
General Scope of Work:

FIRM will provide mechanical engineering design services, including but not limited to, feasibility/concept plan studies and recommendations; preliminary design reports; applicable oversight of subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may berequired by the CITY. Services will be provided by FIRM on projects as authorized and directed by CITY under a duly executed and approved Task Order. FIRM will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed on any specific project until the CITY has issued a signed Task Order to FIRM for that particular project.

Work Tasks
Upon request by CITY, FIRM will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

1. Perform concept and feasibility studies of project alternatives.

2. Prepare preliminary design reports.

3. Prepare plans, specifications, estimates (opinions of construction cost) and other design related documents.

4. Provide drafting and computer aided drafting support.

5. Prepare and process permit applications for building, various regulatory, and environmental permits.

6. Perform record drawing, utility, or other searches.

7. Perform field investigations.

9. Performmechanicalengineeringdesignservices.

10. Review and recommend award of construction contracts. 11 Provide design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor's RFls.

12. Prepare record ("as built") drawings

13. Attend project meetings as necessary
Exhibit B Page 6 of 9
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Projects under this Agreement may involve one or more of the following Municipal I nfrastructu re I m provements :
. Domestic water distribution system;
. Sanitary sewer collection system;
. Buildings and other types of facilities;
. Public park improvements;
. Other undertakings to be determined
lndividual Task Order:

The Task Order proposal will identify the specific tasks to be performed by FIRM.

Tasks will be listed in chronological order reflecting the entire scope of work as requested by CITY, along with an estimated cost per task and a combined total Not-to- Exceed cost.

Proposals will contain the names and titles of FIRM'S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Exhibit B Page 7 of 9
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ON.CALL PROJECT AND PROGRAM MANAGEMENT SERVICES
General Scope of Work:

FIRM will provide project and program management services for civil infrastructure projects, including but not limited to, acting on City's behalf for matters related to the conceptual, preliminary, and final design of capital improvement projects; coordinating and monitoring the delivery of project design through consultants; monitoring and controlling project desígn to assure tímely, accurate and complete design for projects; and such other services as may be required by the CITY. Services will be provided by FIRM on projects as authorized and directed by CITY under a duly executed and approved Task Order. FIRM will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed on any specific project until the Clry has issued a signed Task Order to FIRM for that particular project.

Work Tasks:

Upon request by CITY, FIRM will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

1. Conduct needs assessment for identified improvements.

2. Review known information and develop project scoping documents.

3. Prepare and revised estimates (opiníons of project cost).

4. Evaluate, develop and maintain project schedules.

5. Prepare project correspondence, emails and status reports.

6. Maíntain project files and documentation.

7. Attend and conduct project meetings and site review; prepare agenda, meeting summaries and minutes.

L Research record drawings and utility atlas data.

9. Procure engineering professional services through RFP/RFQ process; evaluate proposals and conduct interviews.
l0.Negotiate professional services agreement scope and fee; draft agreements for review by City staff.

11. Oversee work performed by engineering consultants on behalf of the CITY; negotiate adjustments to project scope and draft agreement amendment.

Exhibit B Page 8 of 9
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12. Review and recommend payment of invoices for services.

13. Review project submittals and coordinate review by City staff (project coordinator); prepare consolidated review comments for design consultant.

14. Prepare and track various permit applications; assure CEQA compliance; and coordinate with other agencies.
lS.Assemble and prepare construction document packages for bidding; prepare associated financial and summary documents.

16. Respond to bidders questions, provide information and prepare addenda

17. Review bids received, tabulate results and prepare bid abstract.

18. Prepare draft language for staff report for award of contract. lndividual Project Task Order:

The Task Order proposal will identify the specific tasks to be performed by FIRM.

Tasks will be lísted in chronological order reflecting the entire scope of work as requested by CITY, along with an estimated cost per task and a combined total Not-to- Exceed cost.

Proposals wíll contain the names and titles of FIRM'S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Exhibit B Page 9 of 9
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Agenda Item No. 15 Page 24 of 29 CC Agenda 07-21-2025
June 30, 2025
Dennis Martinez
Water General Manager
City of Port Hueneme
(Submitted Electronically – [email protected]) Re: City of Port Hueneme Water Master Plan – Phase 2 CIP Development Dear Dennis,
MKN & Associates, Inc. (MKN) is pleased to provide this proposal to the City of Port Hueneme (City) for additional engineering services related to preparing an update to the City’s Water Master Plan (WMP).

This amendment is intended to cover the level of effort associated with Phase 2 of the WMP update. The two phases are described as follows:
• Phase 1 – Water Master Plan. This phase consists of the majority of the effort surrounding the Water Master Plan update. The result is a Water Master Plan that identifies deficiencies and associated infrastructure improvements. [complete]
• Phase 2 – CIP Development. This effort includes converting the identified projects into a phased plan with associated cost, project sheets (i.e. description, schedule, cost) and implementation plan.

The effort also includes coordination with City staff; selection and coordination with a rate study consultant to ensure project phasing is achievable with proposed rate increases; and support in presentations to the City Council. The resulting CIP will be included as an appendix to the Water Master Plan.

The following scope of work was prepared for Phase 2.

Scope of Work
Task 1.1 Project Management and Quality Assurance/Quality Control All project deliverables will be subjected to internal quality control review by personnel who have the appropriate expertise and who were not involved directly in the development of the deliverables. MKN’s QC Reviewer is responsible for identifying technical issues and scope elements that have not been fully addressed. MKN’s Quality Management System will be implemented throughout the life of the project.

Attachment B
Agenda Item No. 15 Page 25 of 29 CC Agenda 07-21-2025
City of Port Hueneme | 2
Task 1.2 Meetings
The following meetings are assumed for this project to allow MKN to interface with the City to discuss progress, receive direction, and review the project deliverables. It is assumed project meetings will be held via web meeting or teleconference.
• Kickoff Meeting
• Preliminary Draft CIP Review Meeting
• Rate Study Consultant Review Meeting
• Final Draft CIP Review Meeting
Deliverables:
• Meeting agendas and notes in electronic PDF format
Task 1.3 CIP Development
MKN will develop a capital improvement program based on the identified projects in the recently completed Master Plan (Phase 1). The effort includes preparing projects sheets for each identified capital improvement project. The project sheets will include estimated project costs, including planning, design and construction. In coordination with City staff, the projects will be prioritized, and an overall program schedule will be prepared. It is assumed that this draft capital program will be reviewed with the consultant and modified based on potential rate impacts.

MKN will submit a draft water system CIP to the City for review and comments and meet with the City to review the draft CIP. Comments from the review and meeting will be incorporated into the water system CIP. A final PDF will be provided for attachment to the Water Master Plan.

Deliverables:
• Water Master Plan CIP (Draft/Final)
Task 1.4 City Council Presentation
MKN will prepare a PowerPoint presentation and present, in person, to the City Council. MKN will prepare a draft presentation for review by City staff and then prepare a final presentation for delivery to the City.

Deliverables:
• PowerPoint Presentation (Draft/Final)
Assumptions:
• Presentation will be an executive summary of the Master Plan. No new analysis anticipated.

Agenda Item No. 15 Page 26 of 29 CC Agenda 07-21-2025
City of Port Hueneme | 3
Schedule
MKN anticipates the following schedule:
• Kickoff meeting 1 week from notice to proceed
• Draft CIP 3 weeks from Kickoff meeting
• Review Meeting with Staff/Rate Study Consultant 2 weeks from draft delivery • Final CIP 2 weeks from receipt of comments
Compensation
MKN proposes to complete this work on a time and materials basis with a budget not to exceed $24,884.

The budget estimate is based on the 2025 MKN rate schedule, included as Exhibit A. The estimated level of effort is provided as Exhibit B.

Thank you for providing MKN the opportunity to propose on this work for the City. If you have any questions regarding this proposal, please contact us at [email protected].

Sincerely,
Ryan Gallagher, PE
Project Director
Enclosures:

1. Exhibit A – Rate Schedule

2. Exhibit B – Fee Budget
Agenda Item No. 15 Page 27 of 29 CC Agenda 07-21-2025

CATEGORY POSITION HOURLY RATE
Communications
and
Administrative
Administrative Assistant $113
Strategic Communications Coordinator $126
Strategic Communications Specialist $168
Designers and
Technicians
CAD Technician I $152
CAD Design Technician II $173
Senior Designer $185
Planning
Assistant Planner I $165
Assistant Planner II $184
GIS Specialist $184
Planner I $203
Planner II $218
Senior Planner $246
Engineers
Engineering Technician $123
Assistant Engineer I $165
Assistant Engineer II $184
Project Engineer I $203
Project Engineer II $218
Senior Engineer I $238
Senior Engineer II $251
Senior Engineer III $267
Principal Engineer $289
Project
Management
Project Manager $256
Senior Project Manager $267
Project Director $312
Senior Project Director $329
Construction
Management
Services
Scheduler $179
*** Construction Inspector $200
Assistant Resident Engineer $200
Resident Engineer $212
Construction Manager $231
Principal Construction Manager $272
The foregoing Billing Rate Schedule is effective through December 31, 2025 and will be adjusted each year after at a rate of 2 to 5%.

DIRECT PROJECT EXPENSES
OutsideReproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate
*** 40 hrs per week assumed; part-time rates can be provided upon request Rates also subject to prevailing wage mandatory increases during a calendar year 2025 FEE SCHEDULE
Agenda Item No. 15 Page 28 of 29 CC Agenda 07-21-2025
Exhibit B
Budget for
City of Port Hueneme
Water Master Plan Phase 2 Project Director Principal Engineer Senior Project Engineer I Assistant Engineer II Engineering TechnicianAdministrative AssistantTotal Hours (MKN)Labor (MKN)Total Fee Hourly Rates 312 289 238 184 123 113
Task Group 1 – Meetings, Project Management, and QA/QC
Task 1.1 | Project Management (2 months)/ QC (2 deliverables) 4 4 8 2,404 $ $ 2,404 Task 1.2 | Meetings (4) 4 6 10 2,260 $ $ 2,260
Task 1.3 | CIP Development 6 12 38 25 9 90 15,674 $ $ 15,674 Task 1.4 | Council Presentation 10 9 19 4,546 $ $ 4,546 TOTAL BUDGET 4 24 12 53 25 9 127 24,884 $ 24,884 $
Agenda Item No. 15 Page 29 of 29 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: CONTINUED PUBLIC HEARING - ANNUAL DEVELOPMENT

AGREEMENT COMPLIANCE REVIEW FOR EMERALD PERSPECTIVE
COOPERATIVE, INC. AND FINDING OF EXEMPTION FROM CEQA
RECOMMENDATION:

It is recommended the City Council:

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

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

3. Adopt a RESOLUTION DETERMINING THAT EMERALD PERSPECTIVE

COOPERATIVE, INC IS OUT OF COMPLIANCE WITH ITS DEVELOPMENT AGREEMENT; and

4. Make a determination the project is exempt under CEQA; and

5. Take such additional, related, action that may be desirable, including determining which course of action to take regarding the subject business’ default of the Terms and Conditions of its Development Agreement, per the options noted in the staff reports dated May 5, 2025, June 2, 2025 and July 21, 2025.

BACKGROUND/ANALYSIS:

On May 5, 2025 and June 2, 2025, the City Council held a public hearing which was continued to July 21, 2025 for the annual review of the Development Agreement between the City and the cannabis dispensary known as Emerald Perspective Cooperative, Inc. (“Emerald Perspective”).

May 5, 2025 Public Hearing
At the May 5 hearing, staff noted several significant areas where the business was in default of its Development Agreement with the City. The areas of deficiency that were noted during that hearing are summarized below and detailed in the May 5, 2025 staff report which is included as an attachment to this report.

1. The Developer failed to make monthly payments to the City in the amount of five percent of the business' gross revenues (less taxes paid to the state and other entities) of cannabis products sold in the City as required by Terms and Condition Agenda Item No. 16 Page 1 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective July 21, 2025

Page 2 ends

#12 of the Development Agreement between the Developer and the City. The outstanding balance owed to the City as of April 3, 2025 was $89,154.69.

2. The Developer had not renewed their Business License nor paid their required Business License Tax with the City as required by Port Hueneme Municipal Code sections 5003(c) and 5016.

3. During an annual inspection of the business’ operations on October 3, 2024 the business was found to be out of compliance with regard to maintaining the appropriate documents and records on the premises for inspection, and its employees did not have the proper I.D. badges as required by the City and the state’s Department of Cannabis Control (DCC).

4. The Developer had not signed the June 2024 amendment to the Development Agreement nor acknowledged its existence.

During the May 5 hearing, staff noted that, in accordance with Terms and Conditions No. 11 of the subject Development Agreement, any interruption in or diminution of any City Benefit or of the revenue source discussed within the Development Agreement is sufficient grounds for finding that the Developer is not in good-faith compliance with this Development Agreement, and the City Council may opt to:

1. Demand full payment of all monies owed to the City as noted in the staff report by a certain date (i.e. 30 days from the date of this hearing) and if not paid in full within this period, revoke the Developer’s Development Agreement, subject to the procedures set forth in the Development Agreement and City’s adopted requirements and procedures, and (should the City Council choose this option, staff will begin the process to also revoke the business’ CUP); or

2. Allow a one-time “payment plan” with fixed terms and conditions requiring an immediate payment of not less than $12,000, to cover the outstanding annual audit, inspection and Development Agreement review fees and Business License Tax within 30 days of this hearing, with the remainder of the payments to be completed within no greater than six months. The agreement for the payment plan must be entered into within 30 days of this hearing. The payment plan would be based on the unaudited gross receipts. Upon completion of the Financial Audit, a true up adjustment will be calculated based on the audit results. If there are additional revenues owed to the City, the amount of additional revenues will be due within 30 days of completion of the audit. These amounts will not be included in the payment plan. The business would be able to continue operations subject to complying with all terms and conditions of the payment plan; or

3. Take other such additional action as may be desired.

The developer/business owner, Mr. Whippo, was not present at the hearing, however, several Emerald Perspective staff members, including the general manager, did attend and spoke during public comment. After hearing from the business’ staff members, and due to the developer not being present, the City Council voted unanimously to continue Agenda Item No. 16 Page 2 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective July 21, 2025

Page 3 ends

the public hearing to June 2, 2025. As part of its action on this item, the City Council instructed the developer to come into compliance by June 2, make an immediate payment of $12,000, and directed staff to bring back a report on Emerald Perspective’s compliance status at the June 2, 2025 hearing. Based on that report, the City Council would consider whether or not to proceed with a payment plan consisting of three payments to be made over the next five months which would result in full payment by the end of a six-month period. The City Council further directed that at any stage of non-compliance, the Council will move forward with revocation of the business’ Development Agreement.

When the staff report for the June 2, 2025 hearing was prepared, the Developer had not taken action to comply with Council’s direction. As a result, based on the Developer’s cited areas of default, staff recommended that Council determine that the business was out of compliance with the Original and Amended Development Agreements as follows:

The report also noted that the Council may further find that the Developer is in default of Section 17(a)(v) in that the business is not operating per the Conditions of Approval of the Conditional Use Permit (CUP) that was approved by the City Council for the project (project no. PHCU-844, approved on April 2, 2018) by being out of compliance with the following Conditions of Approval:

1. This approval is granted to the Applicant for the use of a medicinal and recreational cannabis dispensary as described in the Applicant's written application and as depicted on exhibits specifically labeled as sheets "A1" and "A2" along with related photo simulations of the subject building;

4. The terms and conditions of Certificate of Approval No. PHCA-07 and Development Agreement No. PHDA-845 shall also apply to this Permit; Agenda Item No. 16 Page 3 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective July 21, 2025

Page 4 ends

40. Permittee must agree to the City's consultant, HdL, and City staff reviewing the business operations, including, but not limited to, accounting, security, staffing, etc., on a quarterly and annual basis for at least the first year of business operations, and for an extended period of time if deemed necessary by the City, and must agree to pay all fees associated with these reviews. Said reviews shall be conducted to ensure compliance with the Conditions of Approval of this Resolution, and related Certificate of Approval PHCA-07 and Development Agreement PHDA-845.

As part of this city’s history with the Developer, the report also noted that the Developer repeatedly ignored staff’s requests to produce the information necessary to validate the Developer’s claims of how much is owed to the City or has ignored staff’s outreach altogether, and further, refused any attempt to pay the monies owed to the City, had not paid the required Annual Business License Tax, and was also operating in violation of the Conditional Use Permit for the business, which is also a violation of the Development Agreement.

Continued Public Hearing on June 2, 2025
During the continuation of the hearing on June 2, 2025, staff noted its intent to modify its recommendation based on actions taken by the Developer after the staff report was published. Staff explained that on Friday, May 30, Emerald Perspective remitted payment in the amount $12,000 (the first payment required as part of the payment plan outlined at the May 5, 2025 meeting) and renewed the businesses license required to operate from July 2024 through June 2025. As a result of these steps, staff recommended that the hearing be continued to July 21, 2025 to allow the Developer additional time to come into compliance.

Additionally, staff reported that a physical inspection of the business had recently been conducted to follow up on various compliance issues. The inspection revealed that the business had corrected an issue pertaining to the requirement that employees display approved identification badges but that the business was unable to produce documents that are required to be available for inspection during business hours. It was noted that the payment plan which was required to be signed by the business owner had not been executed. Andrea Reyes, General Manager for Emerald Perspective, spoke during public comment and indicated that she was in possession of the owner’s signed copy of the payment plan, documentation which authorizes her to speak on behalf of the business and the business documents that were requested during the City’s inspection the prior week.

City Council voted unanimously to continue the public hearing to July 21, 2025.

Status of Compliance
Staff has spent significant time attempting to obtain updated information from Emerald Perspective representatives since the last hearing. As of the writing of this staff report (July 15, 2025), the following has or has not occurred with regard to the direction provided by the City Council at the June 2, 2025 hearing:

Agenda Item No. 16 Page 4 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective July 21, 2025

Page 5 ends

• The developer failed to comply with the terms of the payment plan and has not remitted the $26,278.23 payment that was due on July 7, 2025. The Developer’s current outstanding financial obligation to the City is detailed as follows:

Required 5% payment to City’s General Fund, with interest: $75,512.75 Past due business license (estimated): $ 843.00
Annual Development Agreement Review: $ 1,680.00
TOTAL DUE TO CITY (as of July 15, 2025): $78,035.75
• Despite multiple notifications and reminders from the City, the developer has not renewed the Business License nor paid the Business License Tax which is required to operate in Port Hueneme.
• On June 9, 2025, staff received a copy of the payment plan acknowledgement form signed by Emerald Perspective’s owner, Mr. Mead Whippo and a copy of meeting minutes from the company’s March 4, 2024 annual board meeting during which 20% of the company’s stock holdings were transferred to Andrea Reyes. However, the City requires the complete vetting (criminal, financial and business acumen/ability to operate the business successfully) of any potential new cannabis owner/change of ownership and, despite the City’s request, the business has not provided information necessary to vet the new owner.
• No additional communication has been received regarding the documentation that was not available for inspection during the City’s site visit. • The Developer has not signed the amendment to the Development Agreement (provided in June 2024) nor acknowledged its existence. • On July 14, 2025 the City received a letter from the California Department of Tax and Fee Administration (CDTFA) informing the City that Emerald Perspective’s seller’s permit has been suspended, and the business is not currently authorized by the state to operate in Port Hueneme.

Conclusion
The Developer is currently not in compliance with the City’s Development Agreement or regulations enforced by the CDTFA. Emerald Perspective has failed to make contractual payments and provide community benefits as required by the Development Agreement and its violation of CDTFA requirements has resulted in the suspension of its ability to operate. Additionally, the Developer has not renewed its City Business License and has defaulted on payments outlined in the payment plan offered by the City to support the Developer’s efforts to return to compliance.

As noted during the May 5, 2025 hearing, the business is in violation of Terms and Conditions No. 11 of the subject Development Agreement, which states that any interruption or reduction of City Benefits or related revenue is sufficient ground for finding that the Developer is not in good-faith compliance with the Development Agreement. That section of the Development Agreement also authorizes the City to determine whether the Agenda Item No. 16 Page 5 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective July 21, 2025

Page 6 ends

Developer is in compliance with all ordinances and regulations applicable to the operation of a cannabis dispensary.

Given the City Council’s prior actions and the Developer’s non-compliance with City and State requirements, it is recommended that that the City Council take the following action:

1. Adopt the attached resolution determining that Emerald Perspective is out of compliance with the Development Agreement and authorizing the issuance of a notice of default pursuant to Terms and Conditions 18 of the Development Agreement. As a result of such action, City would provide the Developer with written notice specifying the nature of default and indicating that failure to cure within 30 days will result in the revocation of the Development Agreement, subject to the procedures set forth in the Development Agreement and City’s adopted requirements and procedures. Staff would also begin the process to revoke the associated CUP.

2. Take other such additional action as may be desired.

California Environmental Quality Act (CEQA)
The project is exempt from CEQA as set forth in CEQA Guidelines (14 California Code of regulations §§ 15000, et seq.) § 15309, which states "Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project."
FISCAL IMPACT:

As noted above, Emerald Perspective currently owes (as of July 15, 2025) $78,035.75 in General Fund revenues to the City.

ATTACHMENTS:

A. Resolution
B. May 5, 2025 City Council Staff Report
C. June 2, 2025 City Council Staff Report
D. Executed Payment Plan
E. Original Development Agreement
F. Amended Development Agreement
G. CDTFA Notice Regarding Emerald Perspective’s Seller’s Permit Agenda Item No. 16 Page 6 of 51 CC Agenda 07-21-2025
Attachment A
RESOLUTION NO. _____

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

CALIFORNIA, DETERMINING THAT THE CANNABIS DISPENSARY
OPERATED BY EMERALD PERSPECTIVE COOPERATIVE INC. (“EMERALD PERSPECTIVE”) IS NOT IN COMPLIANCE WITH THE DEVELOPMENT

AGREEMENT APPROVED FOR THE OPERATION OF SAID DISPENSARY,

AND THAT SAID PROJECT IS EXEMPT FROM THE PROVISIONS OF CEQA WHEREAS, on March 4, 2024, the City Council adopted Ordinance No. 796 that amends Article III, Chapter 12 of the Port Hueneme Municipal Code (“PHMC”) to allow medicinal and nonmedicinal and/or commercial cannabis facilities within the City and superseding Ordinances 727, 734, 780 and 784; and
WHEREAS, on March 4, 2024, the City Council adopted Resolution No. 4483 ("Amended Implementing Resolution"), which contains implementing measures for Ordinance No., 796, including processes for the annual periodic review of development agreements associated with cannabis facilities; and
WHEREAS, on April 2, 2018, Development Agreement No. PHDA-845 was approved to allow the operation of a cannabis dispensary for Emerald Perspective, subject to certain requirements being met; and
WHEREAS, on June 17, 2024, Amendment No. 1 to Development Agreement No. PHDA845 was approved by the City Council regarding exclusion of the payment of excise taxes paid by the developers from the definition of “gross revenues”; developers would pay for the cost of an annual audit of their records; and the required payment of a minimum of one percent (1%) of each business’ gross revenues towards community benefits; and WHEREAS, pursuant to the Cannabis Ordinance and Revised Implementing Resolution, a Development Agreement must be reviewed by the City Council annually at a duly noticed public hearing; and
WHEREAS, on May 5, 2025, a public hearing was held by the City of Port Hueneme, California, to determine the Emerald Perspective dispensary's compliance with Development Agreement PHDA-845 and Amended Development Agreement PHDA-845, as set forth in the Revised Implementing Resolution; and
WHEREAS, at the May 5, 2025 public hearing, the City Council, by unanimous action and in order to allow the developer to come into compliance, continued the hearing to June 2, 2025, directed the developer to make an immediate payment of $12,000 and instructed staff to bring back a report on Emerald Perspective’s compliance status. The City Council further directed that based on that report, the City Council would consider whether or not to proceed with a payment plan consisting of three payments to be made over the next five months which would result in full payment by the end of a six-month period. The City Council further directed that at any stage of non-compliance, the Council will move forward with revocation of the business’ Development Agreement; and
WHEREAS, one business day before the June 2, 2025 continued hearing the Developer remitted a payment of $12,000 but subsequently failed to make the next payment pursuant to the agreed upon payment plan; and
Agenda Item No. 16 Page 7 of 51 CC Agenda 07-21-2025
CC Resolution No. ___, Page 2 of 6
WHEREAS, on May 30, 2025 the Developer renewed its Port Hueneme Business License for the period of July 2024 through June 2025 but has failed to renew the License for the current operational period; and
WHEREAS, on July 14, 2025 the City received notice from the California Department of Tax and Fee Administration which indicates that the Developer is not permitted to conduct business in Port Hueneme; and
WHEREAS, prior to rendering a decision on any aspect of said Development Agreement review, the City Council reviewed and duly considered the following:

1. All testimony, both written and oral, received in conjunction with that certain public hearing conducted on May 5, 2025, and continued on June 2, 2025 and July 21, 2025, which testimony, by this reference, is incorporated herein.

2. That certain written staff reports submitted by the Community and Economic Development Department and the City Manager’s Office dated May 5, 2025, June 2, 2025 and July 21, 2025, which reports, by this reference, are incorporated herein; and WHEREAS, staff recommended the City Council find said cannabis facility to be out of compliance with the terms of Development Agreement PHDA-845 and Amended Development Agreement PHDA-845.

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

SECTION 1: Under the provisions of PHMC Section 10201.C., the City Council finds and declares that in accordance with the Revised Implementing Resolution, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Development Agreement for the subject business and the City Council will review every development agreement authorized by this Resolution for compliance with the following criteria:

A. Payment of contractual payments amounting to no less than five percent of the annual gross revenues, unless another amount is specified in the Development Agreement, based upon an annual audited financial statement;
B. Review of any audits of the business conducted, if any; C. Compliance with the City’s Ordinances, any discretionary or ministerial permits, or other regulations to which the Commercial Cannabis Activity may be subject.

SECTION 2: DETERMINATION OF NON-COMPLIANCE. The City Council further finds and declares Emerald Perspective is out of compliance with the public benefits summary, as identified in the Development Agreement and Amended Development Agreement for the cannabis dispensary operated by Emerald Perspective which include, without limitation:

A. Terms and Condition #9 of the Development Agreement between Emerald Perspective and the City requires the contractual payment of 5 percent of Emerald Perspective’s gross revenues to the City on a monthly basis. Although the 2022 Development Agreement Review determined Emerald Perspective was in compliance with the Development Agreement’s provisions, in late 2023 and most of 2024, Emerald Perspective has not made monthly payments to the City in the amount of five percent of the business' gross revenues (less taxes paid to the state and other entities) of cannabis products sold in the City.

Agenda Item No. 16 Page 8 of 51 CC Agenda 07-21-2025
CC Resolution No. ___, Page 3 of 6
To date, Emerald Perspective has not paid its 5 percent payments to the City’s General Fund for the months of November (partial payment applied) and December 2023 and from May 2024 through March 2025. A purpose for allowing the operation of cannabis businesses in the City is to enhance the City’s General Fund. Since the City does not have a cannabis tax in place, the Development Agreement is used as the primary tool for ensuring revenues due to the City are paid by the subject cannabis business.

Therefore, Emerald Perspective’s lack of the required payment to the City has a negative impact on the City’s finances and its ability to provide services to ensure the health and safety of the public.

Terms and Conditions #9 (a) – (c) of the Development Agreement between the City and Emerald Perspective requires Emerald Perspective to provide an annual audited financial statement, a copy of which shall be provided by Emerald Perspective’s auditor directly to the City. These Development Agreement terms further require Emerald Perspective to maintain its books and records in a manner consistent with generally accepted accounting principles (GAAP), and to fairly report all monies received by Emerald Perspective during the relevant period. These Development Agreement terms provide that if any audit of Emerald Perspective demonstrates that Emerald Perspective has underpaid the annual Contractual Payment, Emerald Perspective shall make payment to the City of any shortfall in the Contractual Payment, together with interest thereon from the date each portion of the shortfall should have been paid until it is in fact paid, at the annual rate of seven percent (7%).

If the amount of the shortfall exceeds the amount actually paid by seven percent (7%) or more, developer shall also pay to the City, as compensation for its efforts in enforcing the payment provisions of this Agreement and not as a penalty, an amount equal to ten percent (10%) of the shortfall (including interest). To date, Emerald Perspective has not provided such audited documents necessary to determine the actual amount due to the City. Subsequently, with penalties, the Developer currently owes the City $78,035.75 as of July 15, 2025.

Since December, 2023, staff has made over two dozen attempts to reach the business regarding the amount owed to the City. As a result of these outreach efforts, the Developer either claimed they were owed money by the City and/or were being overcharged, or ignored staff’s outreach altogether. What documentation was provided to the City by the business was unsubstantiated and requests from staff for the Developer to provide substantiated backup data were also ignored.

Further, as required by Terms and Conditions #9 (c) of the Development Agreement and Amended Development Agreement, along with the required contractual 5% payments, the owners of each business are required to provide paperwork to support the amount of the payments made to the City, along with the taxes collected. However, since the Developer has not made their required contractual payments in many months nor provided substantiated paperwork regarding revenues received by the business, staff is not able to determine whether the business has been providing the City directly with additional revenue in the form of an increase in certain taxes.

B. Terms and Conditions #8 (b) of the Development Agreement requires that in accordance with the terms of California Government Code § 65866, the City and Developer agree that the ordinances, rules, regulations and official policies of the City in effect as of the date of this Development Agreement governing the design, permitted uses, improvement and construction standards applicable to the Development shall govern during the Term of this Development Agreement. However, the Developer has Agenda Item No. 16 Page 9 of 51 CC Agenda 07-21-2025
CC Resolution No. ___, Page 4 of 6
not renewed their Business License nor paid their required Business License Tax with the City. Port Hueneme Municipal Code sections 5003(c) and 5016 require that no business shall operate in the City without first paying the required Business License Tax. Consequently, the City Council may find that by not renewing their Business License nor paying their required Business License Tax, that the Developer is not complying with the requirements related to permitted uses in the City, and is therefore, in default of Section 8(b) of the subject Development Agreement.

C. Terms and Conditions #17 (a)(ii) and (v) of the Development Agreement state that Developer shall be in default under the Development Agreement upon the finding and determination by the City Council made following a periodic review under the procedures provided in this Agreement that, upon the basis of substantial evidence, the Developer has not complied in good faith with a material requirement of this Development Agreement and any violation of the Conditional Use Permit (CUP) approved for the operation of the subject dispensary.

In addition to the findings Emerald Perspective is out of compliance with the Development Agreement between the business and the City, as discussed in subsections A and B above, the business is currently in violation of Conditional Use Permit No. PHCU-844, approved to allow the operation of the subject cannabis dispensary on April 2, 2018 by being out of compliance with the following Conditions of Approval:

4. The terms and conditions of Certificate of Approval No. PHCA-07 and Development Agreement No. PHDA-845 shall also apply to this Permit;

40. A regular, annual inspection of the subject business’ operations was conducted by the City’s consulting cannabis business inspector in October, 2024. During the inspection, it was determined the business did not have the required documents and plans available for the inspector’s review, nor did the employees have the required identification. In order to be approved by the City, a cannabis business must demonstrate all City, California Department of Cannabis Control, and other regulations will be complied with within the business’ Certificate of Approval and CUP application packages. Therefore, while the Certificate of Approval and CUP application packages for Emerald Perspective contained this information, the business was found to be not following these plans and requirements during the October 2024 inspection. While a re-inspection of the facility found that the employees were wearing the proper identification, the required plans and documents were not available and to date, the Developer has not provided the required plans and documents for review by the City’s inspectors. Therefore, the City Council may find that the Developer is not in compliance with CUP conditions 1 and 4, and therefore, is in default of Section 17(a)(v) of their Development Agreement.

SECTION 3: City Council Action on Developer’s Default. Per the Terms and Conditions of the Development Agreement and Amended Development Agreement between Emerald Perspective and the City, the City Council declares that Emerald Perspective is in default of the Agenda Item No. 16 Page 10 of 51 CC Agenda 07-21-2025
CC Resolution No. ___, Page 5 of 6
Development Agreement and in breach of its contractual obligations. Specifically, the City Council finds per Terms and Conditions No. 17 of the subject Development Agreement:
“17. Default and Remedies.
(a) Developer’s Default. Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions:
(ii) A finding and determination by the City Council made following a periodic review under the procedures provided in this Agreement that, upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Amended Development Agreement.
(v) Any violation of the CUP.”
Consequently, by adopting this resolution the City Council : Authorizes the issuance of a notice of default which shall specify the nature of default and indicate that the Developer has 30 days to cure after which the City will cancel the Development Agreement and revoke the Developer’s rights thereunder.

SECTION 4: Environmental Review. This Resolution is exempt from additional review under Section 15309 of the California Environmental Quality Act (California Public Resources Code §§21000, et seq., “CEQA”), which states "Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project." SECTION 5: 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 6: This Resolution shall take effect immediately upon its passage.

SECTION 7: 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 21st day of July, 2025.

Martha R. McQueen-Legohn, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 16 Page 11 of 51 CC Agenda 07-21-2025
CC Resolution No. ___, Page 6 of 6

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 16 Page 12 of 51 CC Agenda 07-21-2025
Attachment B
DATE: May 5, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Director of Community and Economic Development SUBJECT: ANNUAL DEVELOPMENT AGREEMENT COMPLIANCE REVIEW FOR EMERALD PERSPECTIVE COOPERATIVE, INC. AND FINDING OF

EXEMPTION 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 Determining that Emerald Perspective Cooperative, Inc is Out of Compliance with their Development Agreement; and

4. Make a determination the project is exempt under CEQA; and

BACKGROUND/ANALYSIS:

Government Code section 65865.1 requires periodic review of development agreements, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. Moreover, Government Code section 65865 states, “[e]very city, county, or city and county, shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.”
Resolution No. 4483 (the City’s cannabis "Implementing Resolution") provides the general procedures by which the City is to evaluate development agreements. Each development agreement contains individual terms, which may include unique time frames, obligations, and/or requirements. These terms can be one-time or ongoing; some are fees, some are actual physical improvements, and some are ongoing services.

Agenda Item No. 16 Page 13 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 2 ends

Review of development agreements is subject to public hearing and is a quasi-judicial action with the potential to affect a vested property right (Gov. Code § 65867). Because of the quasi-judicial nature of these proceedings, City Council Members should not leave the dais during discussion or receive any ex parte communications regarding the subject matter. A development agreement may only be terminated or modified by the reviewing body if the evidence before the City Council demonstrates by substantial evidence that the developer has not complied with the terms of the agreement in good faith (Gov. Code § 65861.1).

Currently, the City has development agreements with 18 different developers relating to retail cannabis in accordance with The Control, Regulate and Tax Adult Use of Marijuana Act (“Proposition 64”).

In June 2024, the City amended all of the Development Agreements to provide clarity for the following items: to verify exclusion of the payment of excise taxes paid by the developers from the definition of “gross revenues” (a benefit for the developers); to clarify the developers would pay for the cost of an annual audit of their records (also a potential benefit for the developers, since this could result in fewer audits); and to include the required payment of a minimum of one percent (1%) of each business’ gross revenues towards community benefits.

The subject business, Emerald Perspective Cooperative, Inc. (“Emerald Perspective”) has been in operation as a cannabis dispensary since April 16, 2018. The business is a leased premises of approximately 2,000 square feet located at 100 W. Pleasant Valley Road. In past years, the business has been found to be in compliance with the requirements of its original Development Agreement. However, since the business’ last Development Agreement review (conducted in December 2022), the business has become significantly delinquent in financial obligations owed to the City as follows:

Required 5% payment to City’s General Fund, with interest: $76,216.87 Remaining balance of previous audit cost: $7,028.14
2024 compliance inspection cost: $1,250
Balance of penalties for late payments Oct-Dec. 2022: $3,017.74 Past due business license: $1,641.94
TOTAL DUE TO CITY (as of April 3, 2025): $89,154.69
(Note: an additional $1,680 is also now due to cover the cost of this Annual Development Agreement Review.)
Since December, 2023, staff has made over two dozen attempts to reach the business regarding the amount owed to the City. As a result of these outreach efforts, the business owner (a.k.a. “Developer”) either claimed they were owed money by the City and/or were being overcharged, or ignored staff’s outreach altogether. What documentation was provided to the City by the business was unsubstantiated and requests from staff for the Developer to provide substantiated backup data were also ignored. Note that at this time, staff is working with a collection agency to collect the monies owed to the City. However, due to the timing of this annual Development Agreement review, one of the actions listed at the end of this staff report still call for the full payment of the monies owed to the City within a certain timeframe.

Agenda Item No. 16 Page 14 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 3 ends

In addition, an annual inspection of the business’ operations was conducted by the City’s contract inspector at HdL. The inspector found the business to out of compliance with regard to maintaining the appropriate documents and records on the premises for inspection, nor did the employees have the proper id badges as required by the City and the state’s Department of Cannabis Control (DCC). A letter was mailed to the Developer with the inspection results and requested the deficiencies be corrected by November 30, 2024. The Developer did not respond and therefore, staff reached out again to the Developer about this in January 2025. To date, the Developer has not acknowledged the letter or staff’s reminder nor corrected the violations, and as noted above, has yet to pay for the inspection.

As noted above, the City amended the original Development Agreement between the City and the Developer last June. To date, the Developer has not signed the amended Agreement nor acknowledged its existence.

Consequently, for the reasons cited in the staff report herein, staff requests that the City Council determine the following with regard to the Original and Amended Development Agreements between the City and Emerald Perspective:

Summary of Public Benefits Required by the Development Agreement:
• Complete development and open the business within one year of the effective date of the Ordinance approving the Development Agreement;
• Provide a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community;
• Provide the City directly with additional revenue in the form of an increase in certain taxes;
• Provide additional monies for the City’s general fund through contractual payments to the City with supporting audited documentation; and
• Provide certain community benefits.

Status of Compliance with Development Agreement:

Areas of Compliance with Development Agreement
The Developer is in compliance with the terms and public benefits of the Development Agreement listed above as follows:
• The Developer opened for business in April 2019, one year of the date the Ordinance approving the business’ Development Agreement (application no. PHDA-845) was adopted, which was April 2, 2018.
• Since opening, the business has been a source of employment opportunities, thus assisting with the economic base of the community.
• In addition to the five percent contractual payment to the City's General Fund, the City also expects each cannabis business to provide the equivalent of an additional one percent of the business' gross revenues (less taxes paid) to various community organizations, per the Developer's community benefits plan that was approved in conjunction with the business' CUP and Development Agreement. The Developer has technically complied with this requirement, having made contributions to Community Agenda Item No. 16 Page 15 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 4 ends

Vibes Garage, a non-profit operated by the owner of Emerald Perspective to teach automotive repair skills to underserved youth in the Ventura/Oxnard/Port Hueneme area and to provide free or low-cost automotive repair services to the community.

Areas of Non-Compliance with Development Agreement
• The Developer has consistently not made monthly payments to the City in the amount of five percent of the business' gross revenues (less taxes paid to the state and other entities) of cannabis products sold in the City. Terms and Condition #12 of the Development Agreement between the Developer and the City requires the contractual payment of 5% of the Developer’s gross revenues (less sales taxes paid) to the City on a monthly basis.

To date, the Developer has not paid their required contractual 5% payments to the City’s General Fund for November and December 2023 and then since April 2024.

Subsequently, with penalties, the Developer currently owes the City $76,216.87 as of April 3, 2025.

As the City Council is aware, the primary purpose for allowing the operation of cannabis businesses in the City is to enhance the City’s General Fund. Since the City does not have a cannabis tax in place, the Development Agreement is used as the primary tool for ensuring revenues due to the City are paid by the subject cannabis business. Therefore, the lack of the required payment to the City has a negative impact on the City’s finances and its ability to provide services to ensure the health and safety of the public.
• Along with the required contractual 5% payments, the owners of each business are required to provide paperwork to support the amount of the payments made to the City, along with the taxes collected. However, since the Developer has not made their required contractual payments in many months nor provided substantiated paperwork regarding revenues received by the business, as discussed above, staff is not able to determine whether the business has been providing the City directly with additional revenue in the form of an increase in certain taxes. Further, as noted above, the Developer has not renewed their required Business License nor paid the required Business License Tax.

Therefore, per the Terms and Conditions of the Original and Amended Development Agreement between the Developer and the City, the City Council may find that the Developer is in default of the following Terms and Conditions of the subject Development Agreement:

Section 8:
“8. Vesting of Development Rights.
(b) Existing Rules to Govern. In accordance with the terms of Gov. Code, § 65866, the City and Developer agree that the ordinances, rules, regulations and official policies of the City in effect as of the date of this Development Agreement governing the design, permitted uses, improvement and construction standards applicable to the Development (collectively, the “Existing Development Regulations” shall govern during the Term of this Development Agreement.” Agenda Item No. 16 Page 16 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 5 ends

As noted in the table above, the Developer has not renewed their Business License nor paid their required Business License Tax with the City. Port Hueneme Municipal Code sections 5003(c) and 5016 require that no business shall operate in the City without first paying the required Business License Tax. Consequently, the City Council may find that by not renewing their Business License nor paying their required Business License Tax, that the Developer is not complying with the requirements related to permitted uses in the City, and is therefore, in default of Section 8(b) of the subject Development Agreement.

As discussed herein, the City Council may find that the Developer is in default of the Development Agreement due to the nonpayment of the required five percent contractual payment towards the City’s General Fund in the amount of $76,216.87 nor proof the business has been providing the City directly with additional revenue in the form of an increase in certain taxes, as well as the Developer has not paid the required Business License Tax. Therefore, the City Council may find that the Developer is in default of Section 17(a)(ii) of the Development Agreement, since the Developer has not paid the required Business License Tax as required by Section 8 of the Development Agreement, has not paid the Contractual Payment as required by Section 9 of the Development Agreement. The City Council may further find the Developer has not paid for the payment of the past annual audit, nor provided the documents required for this year’s audit, as required per Section 9.c. of the Original Development Agreement and Section 9.c. of the Amended Development Agreement.

Additionally, the City Council may further find that the Developer is in default of Section 17(a)(v) in that the business is not operating per the Conditions of Approval of the Conditional Use Permit (CUP) that was approved by the City Council for the project (PHCU-844, approved on April 2, 2018) by being out of compliance with the following Conditions of Approval:

4. The terms and conditions of Certificate of Approval No. PHCA-07 and Development Agreement No. PHDA-845 shall also apply to this Permit; Agenda Item No. 16 Page 17 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 6 ends

31. Permittee shall ensure all on-site personnel will wear visible identification cards on their persons while on the property. The identification card will include a photo, the employee’s name, employee’s position/title, and hire date. The identification card will be presented to law enforcement or any City official upon request;

As noted above, a regular, annual inspection of the subject business’ operations was conducted by HdL staff in October, 2024. During the inspection, it was determined the business did not have the required documents and plans available for the inspector’s review, nor did the employees have the required identification. In order to be approved by the City, a cannabis business must demonstrate all City, DCC and other regulations will be complied with within the business’ Certificate of Approval and CUP application packages. Therefore, while the Certificate of Approval and CUP application packages for Emerald Perspective contained this information, the business was found to be not following these plans and requirements during the October 2024 inspection. To date, the Developer has not verified these items have been corrected. Therefore, the City Council may find that the Developer is not in compliance with CUP conditions 1, 4 and 31, and therefore, is in default of Section 17(a)(v) of their Development Agreement.

Further, as noted above, the Developer has not paid for their past audit or inspection.

Therefore, the City Council may find the Developer is not in compliance with CUP condition 40, and therefore, is in default of Section 17(a)(v) of their Development Agreement.

Consequently, in accordance with Terms and Conditions No. 11 of the subject Development Agreement, which states that any interruption in or diminution of any City Benefit or of the revenue source discussed within the Development Agreement is sufficient ground for finding that the Developer is not in good-faith compliance with this Development Agreement, the City Council may opt to:

1. Demand compliance with development agreement requirements and full payment of all monies owed to the City as noted in the table above by a certain date (i.e. 30 days from the date of this hearing) and if not paid in full within this period, revoke the Developer’s Development Agreement, subject to the procedures set forth in the Development Agreement and City’s adopted requirements and procedures, and (should the City Council choose this option, staff will begin the process to also revoke the business’ CUP).

Alternatively, the City Council may:

Agenda Item No. 16 Page 18 of 51 CC Agenda 07-21-2025
Attachment B
Annual Development Agreement Review – Emerald Perspective May 5, 2025

Page 7 ends

3. Take other such additional action as may be desired.

In conclusion, as discussed above, the Developer has repeatedly ignored staff’s requests to produce the information necessary to validate the Developer’s claims of how much is owed to the City or has ignored staff’s outreach altogether, and further, has refused any attempt to pay the monies owed to the City, has not paid the required Annual Business License Tax, has not provided the required documents nor paid for this year’s annual audit, and is also operating in violation of the Conditional Use Permit for the business, which is also a violation of the Development Agreement. Therefore, at this time, it is recommended the City Council find Emerald Perspective to be in violation of their Development Agreement with the City (as well as their Conditional Use Permit) and exercise Option 1, above.

As noted above, Emerald Perspective currently owes (as of April 3, 2024) $90,834.69 (89,154.69 in past due fees and penalties plus $1,680 currently due for this annual Development Agreement Review) in General Fund revenues to the City. In addition, at this time, it is not known whether the business is producing additional revenue in the form of an increase in certain taxes.

ATTACHMENTS:

A. Resolution
B. Original Development Agreement
C. Amended Development Agreement
Agenda Item No. 16 Page 19 of 51 CC Agenda 07-21-2025
DATE: June 2, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Director of Community and Economic Development SUBJECT: CONTINUED PUBLIC HEARING - ANNUAL DEVELOPMENT

AGREEMENT COMPLIANCE REVIEW FOR EMERALD PERSPECTIVE
COOPERATIVE, INC. AND FINDING OF EXEMPTION FROM CEQA
RECOMMENDATION:

It is recommended the City Council:

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

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

3. Adopt a RESOLUTION DETERMINING THAT EMERALD PERSPECTIVE

COOPERATIVE, INC IS OUT OF COMPLIANCE WITH THEIR DEVELOPMENT AGREEMENT; and

4. Make a determination the project is exempt under CEQA; and

BACKGROUND/ANALYSIS:

History/Areas of Default of Development Agreement
On May 5, 2025, the City Council held a public hearing for the annual review of the Development Agreement between the City and the cannabis dispensary known as Emerald Perspective Cooperative, Inc. (“Emerald Perspective”).

The following public benefits are required by the Development Agreement:
• Complete development and open the business within one year of the effective date of the Ordinance approving the Development Agreement;
• Provide a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community;
• Provide the City directly with additional revenue in the form of an increase in certain taxes;
Attachment C
Agenda Item No. 16 Page 20 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 2 ends

• Provide additional monies for the City’s general fund through contractual payments to the City with supporting audited documentation; and
• Provide certain community benefits.

At the hearing, staff noted several significant areas where the business was in default of their Agreement with the City. These areas continue to include:

1. The Developer has consistently not made monthly payments to the City in the amount of five percent of the business' gross revenues (less taxes paid to the state and other entities) of cannabis products sold in the City. Terms and Condition #12 of the Development Agreement between the Developer and the City requires the contractual payment of 5% of the Developer’s gross revenues (less sales taxes paid) to the City on a monthly basis. Further, the developer has become significantly delinquent in financial obligations owed to the City as follows:

Required 5% payment to City’s General Fund, with interest: $76,216.87 Remaining balance of previous audit cost: $7,028.14
2024 compliance inspection cost: $1,250
Balance of penalties for late payments Oct-Dec. 2022: $3,017.74 Past due business license: $1,641.94
TOTAL DUE TO CITY (as of April 3, 2025): $89,154.69
(Note: an additional $1,680 is also now due to cover the cost of this Annual Development Agreement Review.)
Since December, 2023, staff made over two dozen attempts to reach the business regarding the amount owed to the City. As a result of these outreach efforts, the business owner (a.k.a. “Developer”) either claimed they were owed money by the City and/or were being overcharged, or ignored staff’s outreach altogether. What documentation was provided to the City by the business was unsubstantiated and requests from staff for the Developer to provide substantiated backup data were also ignored.

Along with the required contractual 5% payments, the owners of each cannabis business are required to provide paperwork to support the amount of the payments made to the City, along with the taxes collected. However, since the Developer has not made their required contractual payments in many months nor provided substantiated paperwork regarding revenues received by the business, as discussed above, staff is not able to determine whether the business has been Agenda Item No. 16 Page 21 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 3 ends

providing the City directly with additional revenue in the form of an increase in certain taxes.

2. The Developer had not renewed their Business License nor paid their required Business License Tax with the City. Port Hueneme Municipal Code sections 5003(c) and 5016 require that no business shall operate in the City without first paying the required Business License Tax. Consequently, the City Council may find that by not renewing their Business License nor paying their required Business License Tax, that the Developer is not complying with the requirements related to permitted uses in the City, and is therefore, in default of Section 8(b) of the subject Development Agreement.

3. An annual inspection of the business’ operations was conducted on October 3, 2024 by the City’s contract inspector at HdL. The inspector found the business to out of compliance with regard to maintaining the appropriate documents and records on the premises for inspection, nor did the employees have the proper I.D. badges as required by the City and the state’s Department of Cannabis Control (DCC). On October 30, 2024, a letter was mailed to the Developer with the inspection results and requested the deficiencies be corrected by November 30, 2024. The Developer did not respond and therefore, staff reached out again to the Developer about this in January 2025.

4. The City amended the original Development Agreement between the City and the Developer in June 2024. To date, the Developer has not signed the amended Agreement nor acknowledged its existence.

Consequently, for the reasons cited in the staff report herein, staff requests that the City Council determine the business is out of compliance with the Original and Amended Development Agreements between the City and Emerald Perspective as follows:

Agenda Item No. 16 Page 22 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 4 ends

Section 17:
“17. Default and Remedies.
(a) Developer’s Default. Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions:
(ii) A finding and determination by the City Council made following a periodic review under the procedures provided in this Agreement that, upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Development Agreement.
(v) Any violation of the CUP.”
As discussed herein, the City Council may find that the Developer is in default of the Development Agreement due to the nonpayment of the required five percent contractual payment towards the City’s General Fund nor proof the business has been providing the City directly with additional revenue in the form of an increase in certain taxes, as well as the Developer has not paid the required Business License Tax. Therefore, the City Council may find that the Developer is in default of Section 17(a)(ii) of the Development Agreement, since the Developer has not paid the required Business License Tax as required by Section 8 of the Development Agreement, has not paid the Contractual Payment as required by Section 9 of the Development Agreement, and has not paid for the payment of the past annual audit, as required per Section 9.c. of the Original Development Agreement and Section 9.c. of the Amended Development Agreement.

Additionally, the City Council may further find that the Developer is in default of Section 17(a)(v) in that the business is not operating per the Conditions of Approval of the Conditional Use Permit (CUP) that was approved by the City Council for the project (project no. PHCU-844, approved on April 2, 2018) by being out of compliance with the following Conditions of Approval:

4. The terms and conditions of Certificate of Approval No. PHCA-07 and Development Agreement No. PHDA-845 shall also apply to this Permit;

Agenda Item No. 16 Page 23 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 5 ends

Further, as noted above, the Developer has not paid for their past audit or inspection.

Therefore, the City Council may find the Developer is not in compliance with CUP condition 40, and therefore, is in default of Section 17(a)(v) of their Development Agreement.

During the May 5, 2025 hearing, staff noted that consequently, in accordance with Terms and Conditions No. 11 of the subject Development Agreement, which states that any interruption in or diminution of any City Benefit or of the revenue source discussed within the Development Agreement is sufficient ground for finding that the Developer is not in good-faith compliance with this Development Agreement, the City Council may opt to:

1. Demand full payment of all monies owed to the City as noted in the table above by a certain date (i.e. 30 days from the date of this hearing) and if not paid in full within this period, revoke the Developer’s Development Agreement, subject to the procedures set forth in the Development Agreement and City’s adopted requirements and procedures, and (should the City Council choose this option, staff will begin the process to also revoke the business’ CUP); or

3. Take other such additional action as may be desired.

Based on the facts the Developer repeatedly ignored staff’s requests to produce the information necessary to validate the Developer’s claims of how much is owed to the City or has ignored staff’s outreach altogether, and further, refused any attempt to pay the monies owed to the City, had not paid the required Annual Business License Tax, and was also operating in violation of the Conditional Use Permit for the business, which is Agenda Item No. 16 Page 24 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 6 ends

also a violation of the Development Agreement, staff recommended the City Council find Emerald Perspective to be in violation of their Development Agreement with the City (as well as their Conditional Use Permit) and exercise Option 1, above.

A copy of the May 5, 2025 City Council staff report is provided as Attachment B.

City Council Action at May 5, 2025 Hearing:

The developer/business owner, Mr. Whippo, was not present at the hearing, although several staff members of Emerald Perspective, including the general manager, did attend the meeting and spoke. After hearing from the business’ staff members, and due to the developer not being present, the City Council unanimously voted to continue the public hearing to June 2, 2025 and directed the developer to make an immediate payment of $12,000 and directed staff to bring back a report on Emerald Perspective’s compliance status at that time. Based on that report, the City Council would consider whether or not to proceed with a payment plan consisting of three payments to be made over the next five months which would result in full payment by the end of a six-month period. The City Council further directed that at any stage of non-compliance, the Council will move forward with revocation of the business’ Development Agreement.

Status of Compliance
As of the writing of this staff report (May 29, 2025), the following has or has not occurred with regard to the direction provided by the City Council at the May 5, 2025 hearing:
• On May 6, 2025, staff presented the developer with a payment plan (refer to Attachment C). To date, none of the monies owed to the City, including, the required $12,000 first payment (which was due immediately after the May 5, 2025 hearing per City Council direction), have been paid by the developer. • At the May 5, 2025 hearing, the business’ general manager told the City Council that the Business License had been renewed the previous Friday (May 2, 2025).

However, to date, the City’s records do not show that the Business License has been renewed nor has the required Business License Tax been paid by Emerald Perspective.
• On May 22, 2025, the Developer emailed staff and the City’s inspector a copy of the floor diagram that was requested at the October 2024 inspection of the business and stated all of the business’ records were available for review at all times (they were not available at the October inspection, which is why the inspector noted this in her report) and that all employees have a compliant badge.

On May 28, 2025, the City’s Police Officer who works with the cannabis businesses inspected the premises. Neither the business owner nor the general manger were present at the time. During the inspection, the Officer noted the employees who were present were wearing the appropriate I.D.; however, the floor diagram and documents and business records required at the October 2024 inspection were still not available. While on-site, the City’s Officer contacted the general manager, Agenda Item No. 16 Page 25 of 51 CC Agenda 07-21-2025
Continued Public Hearing – Annual Development Agreement Review – Emerald Perspective June 2, 2025

Page 7 ends

who was not able to tell her employee where to located the required documents and stated she would not be able to produce them until the following week. Per state law, these documents are required to be available for review at all times and as noted above, the Developer, in his May 22, 2025 email, stated they were.

However, per the City’s re-inspection on May 28, 2025, the documents were not available. Therefore, the business continues to be out of compliance with the Development Agreement (and Conditional Use Permit) in this regard.

Also note that the developer has still not paid the annual inspection fee.

It should also be noted that on May 7, 2025, an email was sent to the City, which stated that the business’ general manager was now the new owner of the business. However, a check of the California Department of Cannabis Control’s records on May 28, 2025 showed the business was still under the ownership of Mr. Whippo. Further, the City requires the complete vetting (criminal, financial and business acumen/ability to operate the business successfully) of any potential new cannabis owner/change of ownership. To date, the business has not initiated a change of ownership process with the City.

Conclusion
With the exception of the employees of Emerald Perspective now wearing the proper I.D., none of the other items the City Council required of the Developer during their May 5, 2025 hearing, as discussed above, have been achieved.

ATTACHMENTS:

A. Resolution
B. May 5, 2025 City Council Staff Report
C. Payment Plan
D. Original Development Agreement
E. Amended Development Agreement
Agenda Item No. 16 Page 26 of 51 CC Agenda 07-21-2025
Attachment D

CITY OF PORT HUENEME
May 6, 2025
Emerald Perspective
Attn: Mr. Mead Whippo, Jr
100 W. Pleasant Valley Rd.

Port Hueneme, CA 93041
SUBJECT: PAYMENT PLAN FOR OUTSTANDING OBLIGATION TO THE CITY Dear Mr. Whippo:

The business has an outstanding obligation due to the city in the amount of $90,834.69. The city is offering a one-time payment plan on this past due balance based on the public hearing before the City Council on May 5, 2025.

The amount due to the city represents $33,591.33 of cannabis fees (per the Gross Receipts forms submitted by the business) plus $42,625.55 of accrued penalties, 2023 HDL audit balance, 2024 compliance inspection, and 2024 business license. Exhibit A provides a detailed breakdown of the items accumulating to the total of $90,834.69.

City Council approved the following motion of $12,000 due no later than June 2, 2025 and 3 payments to be made over 6 months beginning May 5, 2025 for the remaining balance of $78,834.69. The first payment of $12,000.00 is due on or before June 2, 2025 and the last payment will be due November 5, 2025. The payment schedule is attached on Exhibit B.

An instance of non-compliance, such as a missed payment, will result in the reconvening of City Council for consideration of revoking your development agreement and commercial business license permit. Please sign and return the attached acknowledgement by June 2, 2025.

Sincerely, z7
Ashley Chaparro
Interim Finance Director
cc: City Manager
City Attorney
Community and Economic Development Director
Senior Accountant
Accountant
Attachments: Exhibit A -Detail of Outstanding Balance
Exhibit B -Payment Schedule
250 N Ventura Road, Port Hueneme, CA 93041 | 805-986-6500 | cityofporthueneme.org Agenda Item No. 16 Page 27 of 51 CC Agenda 07-21-2025
May 6, 2025

Page 2 ends

ACKNOWLEDGEMENT
I acknowledge I have read the above payment agreement and I have been notified that failure to make payments results in cancellation of the agreed payment plan.

PRINCIPAL’S PRINTED NAME:

Agenda Item No. 16 Page 28 of 51 CC Agenda 07-21-2025
Exhibit A
tmciMPerspective UI
Accrued Interest
Gross Receipts 5% of Gross
I
Total intr'vM due 42,625 55
Tout due withInterest 26.2>6 81
Month Gross Receipts Sales Tax Excise Tax City Tax net of Sales Tax Receipts Payment Due Date January February March Api il May June July Aufuil Snptember October November December Uruiny February March Total Due 10/30/23, paid 5,329 5B
Sep-23 133,306 05 26.714 51 106,591 54 0 05 1,616 34 remaining balance of 1,616 34 1,616 34 Nov-23 108,949 00 8 766 01 13,067 35 4,148 36 82,967 28 0 05 4,148 36 12/31/2023 414 84 45u 32 501 95 552 15 eU7 36 10 734 91 808 40 889 24 978 16 1,075 98 1,183 58 1,301 93 1.432 13 1,533 86 14,321 28 Dec 23 96,268 00 7,745 70 11.546 39 3,665 52 73,310 39 0 05 3,665 52 1/31/2024 366 55 403 2 I 443 53 487 88 536 67 590 34 649 37 714 31 785 74 864 31 950 74 1,045 82 1,150 40 1.265 44 11,503 97 May 24 72,016 00 5, /94 39 8,637 60 2,742 10 54,841 91 0 05 2,742 10 6/30/2024 274 21 301 63 331.79 364 97 401 47 441 62 485 78 534 36 587 79 646 57 5,877 93 Jun- 24 63,009 00 5.069 69 7,557 30 2,399 14 47.982 87 0 05 2,399 14 7/31/2024 239 91 263 91 290 30 319 33 351 26 386 38 425 02 467 53 514 2B 4,675 25 Jul-24 69,653 00 5,604 26 8,354 18 2,652 12 53,04 2 44 0 05 2,652 12 8/31/2024 265 21 291 73 320 91 353 00 388 30 427 13 469 84 516 82 4,698 40 Aug-24 67,390 00 5 422 18 8,082 76 2,565 96 51,319 10 0 05 2,565 96 9/30/2024 256 60 282 26 31048 341 53 375 68 413 25 454 57 4,132 50 Sep-24 62.857 00 5,057 46 7 539 07 2,393 36 47,867 11 0 05 2,393 36 10/31/2024 239 34 263 27 289 60 318 56 350 41 385 45 3,504 11 Oct 24 62,672 00 5 042 57 7,516 88 2,386 31 47.726 24 0 05 2,386 31 11/30/2024 238 63 262 49 288 74 317 62 349 38 3,176 18 Nov-24 62.538 00 5,031 79 7,500 81 2,381 21 4 7,624 19 0 05 2,381 21 12/31/2024 238 12 261 93 288 13 316 94 2,881 26 Dec-24 65.021 00 5,231 57 7.798 62 2,475 75 49,515 06 0 05 2.475 75 1/31/2024 247 58 272 33 299 57 2,475 75 Jan-25 60,695 00 4,883 51 7,279 76 2,311 03 46,220 70 0 05 2,311 04 2/28/2025 231 10 254 21 2 79 64 2,311 04 Feb-25 48 695 00 3,917 99 5,840 48 1,854 12 37,082 41 0 05 1,854 12 3/31/2025 IBS U IBM12 Total 33,591 33 414 84 822 87 90S 16 995 68 1,095 24 1,478 98 1,825 30 2,318 68 2,807 14 3,327 19 3,898 54 4,526 52 5,457 85 6.00161 6.747 9J 7M16B7 Balance of accrued penalty for Oct Dec 2022 that was due on 1/31/23 3,017 74 HDl audit balance after audit refund applied 7,028 14
2024 Compliance inspection 1,250 00
Business License for 07/01/24 - 06/30/2025 (if paid by 2/28/25) 1.641 94 Annual Development Agreement Review 1,680 00
Total 14,617 82
Total Balance Due 90,834 69
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Exhibit B
Payment Schedule to satisfy oustanding balance
Payment Due Date
6/5/2025
7/7/2025
9/5/2025
11/5/2025
Total Payments
Amount
12,000.00
26,278.23
26,278.23
26,278.23
90,834.69
Agenda Item No. 16 Page 30 of 51 CC Agenda 07-21-2025
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STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
21680 GATEWAY CENTER DRIVE, STE 200 DIAMOND BAR, CA 91765-2454 1-916-309-5719 •FAX 1-626-480-7260
vmw.cdtfa.ca.gov

GAVIN NEWSOM
Governor

NICOLAS MADUROS
Secretary, Government Operations Agency

TRISTA GONZALEZ
Director

CITY OF PORT HUENEME DEPARTMENT OF CANNABIS

REGULATION
250 N VENTURA RD
PORT HUENEME CA 93041-3016
Letter Date: July 7, 2025
Letter ID: L0031713947
Dear City of Port Hueneme - DCR
In Reply Refer To:

Name:

DBA:

Address:
102-969963

EMERALD PERSPECTIVE
COOPERATIVE INC.

EMERALD PERSPECTIVE
100 W PLEASANT VALLEY RD
PORT HUENEME CA 93041-2777
This letter is to advise you that the California Department of Tax and Fee Administration has revoked (suspended) the seller's permit of the taxpayer listed above. As a result, this taxpayer is not to conduct business in Port Hueneme at Emerald Perspective Cooperative Inc..

Under California law, this taxpayer no longer holds a valid seller's permit and is denied the privilege of selling tangible personal property that is subject to sales tax when sold at retail. We will notify you when this seller's permit has been reinstated. If you have any questions, please contact me at the telephone number or address listed above.

Sincerely,
Daniel Rose
Business Taxes Specialist
CSSS Diamond Bar Office
CDTFA-570-CE (11-23)
bL0345-2
0031713947
01 Attachment G
Agenda Item No. 16 Page 51 of 51 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: Joan Stevens Smyth, City Attorney
SUBJECT: INTRODUCTION OF AN ORDINANCE APPROVING THE FOLLOWING

ADDITIONAL SUBSECTION TO ARTICLE X OF THE PORT HUENEME
MUNICIPAL CODE: SECTION 10292 BANNING THE SALE OF NITROUS

OXIDE AT TOBACCO RETAILERS
RECOMMENDATION:

It is recommended that 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. Introduce for first reading, by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California creating a new subsection to Section 10292 for the purposes of banning the sale of Nitrous Oxide at tobacco retailers”; and

4. Find the project to be categorically exempt from CEQA; and

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

BACKGROUND/ANALYSIS:

Nitrous Oxide use can cause serious illness and death. The situation presents an imminent threat to public health, safety and welfare. Nitrous Oxide use can cause serious illness and death. This substance should be banned from Tobacco Retailers for the benefit of public health, safety and welfare.

ITEM 1. Ban the sale of Nitrous Oxide
It is recommended that Port Hueneme Municipal Code be amended to create an additional clause to ban the sale of Nitrous Oxide by tobacco retailers.

A revised Section 10292 B(5) provided as Attachment A to this staff report which will include the additional clause vii.

FISCAL IMPACT:

None. Existing Code Enforcement and Public Safety resources will be utilized to implement and educate tobacco retailers regarding this prohibition.

Agenda Item No. 17 Page 1 of 5 CC Agenda 07-21-2025
Nitrous Oxide Ordinance
July 21, 2025

Page 2 ends

ATTACHMENTS:

A. Ordinance - Redlined text of Section 10292 B(5) Banning Sale of Nitrous Oxide in Tobacco Retailers
Agenda Item No. 17 Page 2 of 5 CC Agenda 07-21-2025
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, ADDING A NEW SUBSECTION VII TO SECTION 10292 TO

ARTICLE X, TO THE CITY OF PORT HUENEME MUNICIPAL CODE FOR THE

PURPOSES OF BANNING THE SALE OF NITROUS OXIDE AT TOBACCO

RETAILERS
WHEREAS, Nitrous Oxide use causes serious illness, disease, and death and continues to represent an urgent public health challenge; and
WHEREAS, society is becoming increasingly aware of the health risks caused by use of Nitrous Oxide; and
WHEREAS, this situation presents an imminent threat to public health, safety, and welfare.

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

SECTION 1: RECITALS AND FINDINGS. The above recitals are all true and correct and are findings of the City Council of the City of Port Hueneme:

SECTION 2: A NEW SUBSECTION TO SECTION 10292 B(5) vii IS HEREBY ADDED TO THE PORT HUENEME MUNICIPAL CODE AS FOLLOWS:

Section 10292 B(5) vii
The following shall be prohibited at any tobacco retailer business location:
i. Smoking or vaping on the premises at any time.
ii. The sale of tobacco products and paraphernalia to a person under the age of twenty-one (21).
iii. Sales solicited or conducted on the premises by minors. iv. The sale of flavored tobacco products or presumptive flavored tobacco products. v. Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items. vi. The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor, or mobile vehicle vendor (mobile vending), or via temporary use permit.
vii. The sale of nitrous oxide, a device to dispense or administer nitrous oxide, cartridge or any device that contains any quantity of nitrous oxide. “Nitrous oxide” means the colorless nonflammable gas (N₂O) sometimes used in aerosols and sometimes used as an anesthetic, which when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used as an anesthetic in dentistry. Nitrous oxide is often referred to as “Laughing gas,” “NOX,” “Galaxy gas,” amongst others.

SECTION 3: ENVIRONMENTAL REVIEW. The Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 16060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project Attachment A
Agenda Item No. 17 Page 3 of 5 CC Agenda 07-21-2025
as defined in Section 15378) of the CEQA guidelines, California Code of Regulations, Title 14, Chapter 3, because the proposed ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. The Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Chapter irrespective of whether one or more sections, subsections, sentences, clauses, phrases, or portions of this Chapter be declared invalid or unconstitutional.

SECTION 5: EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its final passage.

SECTION 6: REPEAL OF CONFLICTING PROVISIONS. All of the provisions of the City Municipal Code as heretofore adopted by the Council that are in conflict with the provisions of this ordinance are hereby repealed.

SECTION 7: CERTIFICATION. The City Clerk of the City is hereby directed to certify the passage and adoption of this ordinance and to cause it to be published as required by law.

PASSED and ADOPTED on this ___ day of 2025.

Martha R. McQueen-Legohn
Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
APPROVED AS TO FORM:
________________________________
Joan Stevens Smyth
City Attorney
Agenda Item No. 17 Page 4 of 5 CC Agenda 07-21-2025

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 Ordinance No. ____ was introduced at the regular meeting of _____, 2025, and duly adopted at the regular meeting of ________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 17 Page 5 of 5 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Ashley Chaparro, Finance Director
SUBJECT: FISCAL YEAR 2023-24 ANNUAL COMPREHENSIVE FINANCIAL

REPORT (ACFR)
RECOMMENDATION:

It is recommended that City Council receive and file the Fiscal Year 2023-24 Annual Comprehensive Financial Report.

BACKGROUND/ANALYSIS:

Government Accounting Standards Board (GASB), state law and City procedures require the completion of an independent audit known as the Comprehensive Annual Comprehensive Financial Report (ACFR). Annually, the ACFR is formally presented to the City Council in a public meeting. The purpose of the City’s ACFR is to provide relevant financial information to the City Council, citizens, current and future employees, grant entities, creditors, bond investors, rating agencies, and other interested parties. The ACFR also includes an opinion from a qualified independent accounting firm, Moss, Levy & Hartzheim, LLP, on the fairness of the City’s financial statement presentation in accordance with generally accepted accounting principles.

The annually audited financial reports are a testament to a city’s financial condition and how well it fiscally carried out its mission of providing public services to the community for the fiscal year. Moss, Levy & Hartzheim LLP, has conducted an independent audit of the financial statements of the City of Port Hueneme and the Port Hueneme Successor Agency for the fiscal year ended June 30, 2024 and has issued an Unqualified Opinion thereon. An Unqualified Opinion is the highest rating possible and means that the auditors found nothing in the City’s financial and bookkeeping practices that could preclude a fair representation of the City’s operations and financial condition for the fiscal year. Along with detailed reviews of the City’s financial transactions, the auditor also conducts a thorough evaluation of the agency’s accounting and internal control systems.

The ACFR includes all funds of the City and is presented in three sections: Introductory, Financial and Statistical. The Introductory Section contains a letter of transmittal and Agenda Item No. 18 Page 1 of 157 CC Agenda 07-21-2025
FY 2023-24 Annual Comprehensive Financial Report
July 21, 2025

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directory of City Officials. The Financial Section contains the independent auditor’s report, management’s discussion and analysis (MD&A), the basic financial statements, notes to the financial statements and required supplementary information. The Statistical Section includes selected financial and demographic information, generally presented on a multiyear basis.

The ACFR was issued on June 19, 2025 as evidenced by the date on the transmittal letter and later published. The ACFR has been prepared by the staff of the Finance Department in conformity with Generally Accepted Accounting Principles (GAAP). The ACFR is made available to the public on the City’s website.

The Management’s Discussion and Analysis (MD&A) section of the ACFR provides a narrative overview of the City’s financial activities, and this information should be read in conjunction with the basic financial statements, and also the notes which accompany the basic financial statements to get an accurate overall representation of financial health.

MD&A includes the prior year and the current year financial health comparisons. The Notes to the Financial Statements help explain the financial statements by providing narrative information about the City’s significant accounting policies and detailed disclosure on key financial matters.

Government-Wide Financial Statements
The government–wide financial statements report information on all activities of the City except happenings where the City acts as a trustee for another agency, such as the Successor Agency. For the most part, transfers of funds between City entities and reserves, has been removed from these statements, and the statements only reflect events that resulted from activities between the City and non-City associations.

Governmental activities, which normally are supported by taxes and grant revenues, are reported separately from business-type activities, such as the Water Department, which instead rely to a significant extent on user fees and charges that come from receiving the service.

A major difference in the Government Wide Financial Statements in the ACFR the past few years is the Governmental Accounting Standards Board (GASB) No. 68 requirement for public agencies to disclose liability for pension obligations. GASB No. 68 does not require agencies to fund pension obligations; its purpose is to make existing obligations more transparent.

At June 30,2024, the total net position for governmental activities and business-type activities was $60.6 million and $46.6 million respectively for a total of $107 million citywide (ACFR page 15). This represents a total increase of $4.4 million versus prior fiscal year. The increase is primarily due to capital work-in-progress recognition which increased governmental activities by $3.6 million (in other words, increased value of assets owned by the City, not an increase in funds available).

Agenda Item No. 18 Page 2 of 157 CC Agenda 07-21-2025
FY 2023-24 Annual Comprehensive Financial Report
July 21, 2025

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Fund Financial Statements
The City’s Governmental Funds include the General Fund and Non-Major Governmental Funds, such as Gas Tax, the Assessment Districts, and the Surplus Property Authority, for example.

At June 30, 2024, the City’s Governmental Funds reported combined ending fund balances of $60.6 million (page 20). This represents an increase of $150 thousand in comparison with the prior year fund balances.

The General Fund is the chief operating fund of the City. The General Fund balance at June 30, 2024 was $50.4 million, which represents an increase of $2.6 million from the prior fiscal year. This is primarily due to delayed capital improvement projects and maintenance work as shown in the budget to actual schedule Capital Outlay line item (page 69).

There are five components or segregations of fund balance that were created by the Government Accounting Standards Board (GASB) organization. This organization regulates governmental accounting. The five components are Non-spendable Fund Balance, Restricted Fund Balance, Committed Fund Balance, Assigned Fund Balance, and Unassigned Fund Balance.

The City currently utilizes four which are:
• Non-spendable Fund Balance – Primarily notes receivable from PHWA • Restricted Fund Balance – Primarily funds in the PARS trust • Committed Fund Balance – Reserves per Council-approved Fiscal Policies • Unassigned Fund Balance – Funds available for appropriation to address financial uncertainties
The following are the General Fund fund balance amounts at June 30, 2024 (page 18):

Fund Balances:

Nonspendable 10,851,580
Restricted 2,683,026
Committed 19,630,756
Unassigned 17,196,914
Total: 50,362,276
It is important to note that this fund balance is as of June 30, 2024, prior to completion of several delayed large capital improvement projects, such as Bubbling Springs Park remodel. This ACFR is a review or look back as of June 30, 2024, but does not include changes after that date that are reflected in more recent budget discussions.

Agenda Item No. 18 Page 3 of 157 CC Agenda 07-21-2025
FY 2023-24 Annual Comprehensive Financial Report
July 21, 2025

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Utility Enterprise Funds:

Business-type activities, which are called Enterprise or Proprietary Funds, for the City’s utilities consist of the Water Operations Fund, Water Plant Operations Fund, Wastewater Operations Fund, and Solid Waste Operations Fund. The financial goal of the utilities are to operate on a more or less “break-even” basis, without needing General Fund subsidies to cover annual operating, maintenance and planned capital improvement project costs.

The proprietary funds’ fund balances are instead presented as “net position”.

The Proprietary Fund financials are illustrated on pages 22-31 of the ACFR. Following is a summary of the utility enterprise fund revenues and expenses in FY 2023-24 (page 26):

Water Water Plant Wastewater Solid Waste
Revenue

7,324,117

1,370,101

3,747,841

5,010,071
Expense

5,771,475

775,386

2,489,915

3,172,612
Change in Net Position:

1,552,642

594,715

1,257,926

1,837,459
The Enterprise Funds net position includes Investment in Capital Assets and Unrestricted Funds as follows (page 24):

Water Water Plant Wastewater Solid Waste
Net Investment in Capital
Assets

3,377,891 -

7,211,310

3,008,099
Unrestricted

19,213,907

434,341

7,238,035

4,991,727
Total Net Position:

22,591,798

434,341

14,449,345

7,999,826
Capital Assets:

The City’s net investment in capital assets for Governmental and Enterprise Funds was $30.5 million and $20.6 million, respectively (page 51). This includes land, construction in progress (ongoing capital improvement projects), depreciable assets and leased assets (primarily vehicles).

Long Term Liabilities:

As of June 30, 2024, the City’s long-term liabilities were $60.5 million. This includes the City’s debt of Pension Obligation Bonds, Wastewater Revenue Bonds and loans to Sterling Bank and the State of California for the Engie renewable energy project. The City is required to measure and report the remainder of the long-term liabilities (compensated absences, leases payable, subscriptions, OPEB and pension) per standards set by the Governmental Accounting Standards Board (GASB).

Agenda Item No. 18 Page 4 of 157 CC Agenda 07-21-2025
FY 2023-24 Annual Comprehensive Financial Report
July 21, 2025

Page 5 ends

In closing, the city is pleased to have received an unqualified “clean” audit opinion. We would like to acknowledge the Finance team and the contribution from all departments by following procedures year-round and for providing data necessary to prepare the City’s FY 2023-24 ACFR.

FISCAL IMPACT:

No fiscal impact as this is a receive and file report.

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
ATTACHMENT:

A. 2023-24 Fiscal Year Annual Comprehensive Financial Report (ACFR) Long-Term Liability Governmental Funds Business-Type Funds Balance at June 30, 2024 Compensated Absences 1,123,987 413,875 1,537,862
Pension Obligation Bonds 5,125,551 1,572,765 6,698,316
Series 2006 Revenue Bond (Wastewater) - 3,205,000 3,205,000 Equipment Lease Purchase (Engie) 441,484 676,675 1,118,159 Energy Conservation Assistance Loan 282,795 433,447 716,242 Leases Payable 348,892 113,033 461,925
Subscriptions 349,792 856,326 1,206,118
Net OPEB 2,552,093 807,156 3,359,249
Net Pension 32,070,932 10,143,126 42,214,058
Totals: 42,295,526 18,221,403 60,516,929
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TO: Honorable City Council
FROM: James Vega, City Manager
Brian Popovich, City Manager’s Analyst
SUBJECT: POLLUTERS PAY CLIMATE SUPERFUND ACT DISCUSSION RECOMMENDATION:

It is recommended that the City Council receive this informational report on the Polluters Pay Climate Superfund Act (AB 1243 and SB 684), discuss, and provide direction to staff.

BACKGROUND/ANALYSIS:

At the June 16, 2025 City Council Meeting, Council requested staff bring an item back on the Polluters Pay Climate Superfund Act (AB 1243 and SB 68) that includes a detailed explanation on what the Superfund Act is, how the City might benefit, potential fiscal or legal impacts on the City, and a draft resolution of support so Council could vote on the same night, if desired.

The Polluters Pay Climate Superfund Act is a two-bill package authored by Assembly-member Dawn Addis and Senator Caroline Menjivar. Either bill, if enacted, would create a Climate Superfund housed at CalEPA and funded by the State’s largest historic greenhouse-gas (GHG) emitters.

If enacted, CalEPA would identify the seventy-five fossil-fuel producers and refiners whose products generated the greatest share of GHGs between 1990 and 2024. Each firm would pay an annual fee proportional to its emissions footprint into the established Climate Superfund, with statewide collections capped at roughly $3 billion per year for ten years (pay-over-20 years option available). Revenue must fund coastal-protection, grid and micro-grid resilience, wildfire-smoke filtration, extreme-heat mitigation, and green-workforce programs, with at least 40 percent reserved for CalEnviroScreen-defined disadvantaged communities. The Polluters Pay Climate Superfund Act follows precedent from New York and Vermont, which have passed similar laws. It should also be noted that Vermont’s and New York’s Climate Superfund statutes are currently the subject of federal litigation brought by ExxonMobil, API and other trade groups—highlighting both the legal headwinds such policies may encounter and the importance of a broad municipal coalition.

Agenda Item No. 19 Page 1 of 17 CC Agenda 07-21-2025
Polluters Pay Climate Superfund Act
July 21, 2025

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Cities such as Berkeley and Richmond, and the County of Santa Cruz adopted support resolutions in spring 2025. Additionally, the City of San Diego is bringing a resolution of support to City Council on July 15, 2025. AB 1243 cleared the Assembly on a 61–14 floor vote; SB 684 passed the Senate 30–9 before each moved to the opposite house’s Appropriations Committee. A July 7, 2025 Los Angeles Times article recently reported that both measures stalled in committee and will not advance in the 2025 session, with authors expected to introduce updated bills in 2026.

Supporters of the Polluters Pay Act state benefits of the Act include:
• New, dedicated funding stream for adaptation and resilience. Eligible uses include shoreline-protection infrastructure, dune and wetlands restoration, microgrids, ZEV freight equipment, heat-resilient public facilities and more. • Equity set-aside boosts competitiveness. The 40% disadvantaged-community requirement aligns with Port Hueneme’s CalEnviroScreen status, improving grant odds.
• No mandates or costs on local governments. Participation is purely voluntary via competitive grants; the fees are levied only on fossil-fuel firms. • Ongoing accountability built in. Five-year updates to the climate-cost study and Legislative Analyst’s Office performance reviews keep the program data-driven and transparent.
• Urgency clauses mean regulations can start immediately after enactment, potentially bringing grant guidelines as early as 2026.

Opponents of the Polluters Pay Act state negatives of the Act include:
• Lengthy runway before money flows. CalEPA must finish the climate-cost study, adopt regulations, invoice companies and withstand likely litigation, so grants may not reach cities until 2027-28 or later.
• Competitive, not formula funding. Cities will have to invest staff or consultant time in readying projects and crafting proposals; local matching funds could be required. • Litigation and cost pass-through risks. Oil companies are expected to sue, which could delay collections; some portion of the fee could be passed along in fuel or shipping prices, indirectly affecting residents and port tenants. It should be noted supporters of the Act have stated that there will be no effect on consumer gas prices if passed.
• Administrative complexity. Tracking disadvantaged-community benefits, jobquality provisions and long-term project metrics will add reporting burdens for grantees.
• Local business opposition: the Port Hueneme Chamber of Commerce is listed in CalMatters (Bill Tracker, April 1, 2025) as opposing AB 1243 and SB 684.

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Polluters Pay Climate Superfund Act
July 21, 2025

Page 3 ends

Options for Council consideration include:

1. Adopt the Resolution of Support (Attachment A).

2. Issue a Letter of Support instead of a formal resolution. A full resolution could be agendized in 2026 if and/or when updated bill language is introduced.

3. Defer action until the 2026 session and revisit the matter when the bills are re-introduced.

4. Take no action.

FISCAL IMPACT:

No fiscal impact on any of the options provided for Council consideration.

STRATEGIC PLAN:

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

Fiscal & Economic Excellence
• Consider the feasibility and long-term value of economic and physical development of the beaches and other high potential sections of the City Innovation & Opportunity
• Invest in new programs and technologies to strengthen our economy and attract innovation
Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors • Actively support on-going beach preservation efforts and funding for prevention of erosion
ATTACHMENTS:

A. Resolution of Support
B. CalMatters AB 1243 Summary
C. CalMatters SB 684 Summary
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RESOLUTION NO.

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

CALIFORNIA, SUPPORTING THE POLLUTERS PAY CLIMATE SUPERFUND ACT
WHEREAS, the City of Port Hueneme and the greater Ventura County region are already experiencing the harmful effects of climate change, including more frequent and severe wildfires, extreme heat, intensified coastal erosion, sea level rise, and flooding that threaten public safety, property, and critical infrastructure; and WHEREAS, the January 2025 firestorms that swept Los Angeles and Ventura Counties destroyed more than 12,000 structures, caused the tragic loss of 30 lives, and are estimated to cost Californians $250 billion; and
WHEREAS, major fossil fuel corporations have long understood that the combustion of their products drives climate change, yet continued to profit while externalizing the resulting damages onto communities like Port Hueneme; and
WHEREAS, Assembly Bill 1243 (Addis et al.) and Senate Bill 684 (Menjivar et al.), together known as the Polluters Pay Climate Superfund Act, would direct the California Environmental Protection Agency to calculate statewide climate related damages attributable to fossil fuel emissions from 1990 through 2024, impose proportionate cost recovery fees on the largest fossil fuel producers and refiners, deposit those fees into a dedicated Climate Superfund, and ensure that at least forty percent of the resulting funds are invested in disadvantaged communities to support climate mitigation, adaptation, and recovery projects; and
WHEREAS, the states of New York and Vermont have enacted their versions of a climate superfund like this one.

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

SECTION 1: That the City of Port Hueneme strongly supports the Polluters Pay Climate Superfund Act Legislative Package (Legislative Package – AB 1243 (Addis. et al) and SB 684 (Menjivar, et al), and encourages State representatives to pass it and the Governor to sign it into law.

SECTION 2: That a copy of this resolution will be sent to Governor Gavin Newson, Attorney General Rob Bonta, Senate President Pro Tempore Mike McGuire, Senator Monique Limón (SD21), Speaker Robert Rivas, and Assemblymember Steve Bennett (AD38).

SECTION 4: This Resolution shall take effect immediately upon its passage.

SECTION 5: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 21st day of July, 2025.

Martha R. McQueen-Legohn, Mayor
Attachment A
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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. 19 Page 6 of 17 CC Agenda 07-21-2025
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Bills
AB 1243: Polluters Pay Climate Superfund Act
of 2025.

Session Year: 2025-2026
House: Assembly
Current Status:

IN PROGRESS
(2025-04-29: In committee: Set, first hearing. Hearing canceled at the request of author.) Introduced
First Committee Review
First Chamber
Second Committee Review
Second Chamber
Enacted
Summary Bill Text Status Votes Supporters & Opponents Analysis Version:

Amended Assembly (4/10/2025)
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Attachment B
Agenda Item No. 19 Page 7 of 17 CC Agenda 07-21-2025
The California Global Warming Solutions Act of 2006, until January 1, 2031, authorizes the State Air Resources Board to adopt a regulation establishing a system of market-based declining aggregate emissions limits for sources or categories of sources that emit greenhouse gases (market-based compliance mechanism) that meets certain requirements. Existing law establishes the Greenhouse Gas Reduction Fund and requires all moneys, except for fines and penalties, collected by the state board from the auction or sales of allowances as a part of a market-based compliance mechanism to be deposited into the fund and requires the Legislature to appropriate moneys in the fund for the purpose of reducing greenhouse gas emissions in the state, as provided.

Existing law, the California Climate Crisis Act, declares that it is the policy of the state both to achieve net-zero greenhouse gas emissions as soon as possible, but no later than 2045, and achieve and maintain net-negative greenhouse gas emissions thereafter, and to ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85% below the 1990 levels.

This bill would enact the Polluters Pay Climate Superfund Act of 2025 and would establish the Polluters Pay Climate Superfund Program to be administered by the California Environmental Protection Agency to require fossil fuel polluters to pay their fair share of the damage caused by greenhouse gases released into the atmosphere during the covered period, which the bill would define as the time period between the 1990 and 2024 calendar years, inclusive, resulting from the extraction, production, refining, sale, or combustion of fossil fuels or petroleum products, to relieve a portion of the burden to address cost borne by current and future California taxpayers. The bill would require the agency, within 90 days of the effective date of the act, to determine and publish a list of responsible parties, which the bill would define as an entity with a majority ownership interest in a business engaged in extracting or refining fossil fuels that, during the covered period, did business in the state or otherwise had sufficient contact with the state, and is determined by the agency to be responsible for more than 1,000,000,000 metric tons of covered fossil fuel emissions, as defined, in aggregate globally, during the covered period.

This bill would require the agency, within one year of the effective date of the act, to conduct and complete a climate cost study to, among other things, quantify the total damage amount, which the bill would define as all past and future climate harms and damages to the state from January 1, 1990, through December 31, 2045, inclusive. The bill would require the agency to update the climate cost study, not less frequently than every 5 years, through January 1, 2045, as provided. The bill would require the agency, within 60 days of the completion of the climate cost study, to determine and assess, as provided, a cost recovery demand for each responsible party listed, which represents the responsible partys proportionate share of the total damage amount. The bill would require responsible parties to pay their cost recovery demand, as provided. The bill would require the collected cost recovery demands to be deposited in the Polluters Pay Climate Superfund, which the bill would create in the State Treasury. The bill would, upon appropriation by the Legislature, require moneys in the Polluters Pay Climate Superfund fund be expended for, among other things, qualifying expenditures, which the bill would define to include expenditures for projects and programs to mitigate, adapt, or respond to the damages and costs caused to the state from climate change. The bill would require all interest earned on moneys that have been deposited into the fund to be retained in Agenda Item No. 19 Page 8 of 17 CC Agenda 07-21-2025
the fund for use in implementing the program. The bill would require the agency to determine the initial implementation costs for the act, as provided, and would require the agency to assess an amount allocated equitably among responsible parties to cover those costs.

This bill would require the Director of Finance, within 45 days of the effective date of the act, to perform an initial assessment of the reasonable and appropriate initial implementation costs that will be incurred by the agency.

This bill would declare that it is to take effect immediately as an urgency statute.

Discussed in Hearing
Apr 21, 2025
Assembly Standing Committee on Natural Resources
View Older Hearings
Bill Author
Dawn Addis
Bill Co-Author(s):

Benjamin Allen
Damon Connolly
Robert Garcia
Lena Gonzalez
Matt Haney
Ash Kalra
1H
Agenda Item No. 19 Page 9 of 17 CC Agenda 07-21-2025
Caroline Menjivar
Gail Pellerin
Chris Rogers
Nick Schultz
Henry Stern
Chris Ward
Scott Wiener
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Bills
SB 684: Polluters Pay Climate Superfund Act
of 2025.

Session Year: 2025-2026
House: Senate
Current Status:

IN PROGRESS
(2025-04-10: April 22 set for first hearing canceled at the request of author.) Introduced
First Committee Review
First Chamber
Second Committee Review
Second Chamber
Enacted
Summary Bill Text Status Votes Supporters & Opponents Analysis Version:

Amended Senate (3/26/2025)
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Attachment C
Agenda Item No. 19 Page 13 of 17 CC Agenda 07-21-2025
The California Global Warming Solutions Act of 2006, until January 1, 2031, authorizes the State Air Resources Board to adopt a regulation establishing a system of market-based declining aggregate emissions limits for sources or categories of sources that emit greenhouse gases (market-based compliance mechanism) that meets certain requirements. Existing law establishes the Greenhouse Gas Reduction Fund and requires all moneys, except for fines and penalties, collected by the state board from the auction or sales of allowances as a part of a market-based compliance mechanism to be deposited into the fund and requires the Legislature to appropriate moneys in the fund for the purpose of reducing greenhouse gas emissions in the state, as provided.

This bill would require the agency, within one year of the effective date of the act, to conduct and complete a climate cost study to, among other things, quantify the total damage amount, which the bill would define as all past and future climate harms and damages to the state from January 1, 1990, through December 31, 2045, inclusive. The bill would require the agency to update the climate cost study, not less frequently than every 5 years, through January 1, 2045, as provided. The bill would require the agency, within 60 days of the completion of the climate cost study, to determine and assess, as provided, a cost recovery demand for each responsible party listed, which represents the responsible partys proportionate share of the total damage amount. The bill would require responsible parties to pay their cost recovery demand, as provided. The bill would require the collected cost recovery demands to be deposited in the Polluters Pay Climate Superfund Fund, Superfund, which the bill would create in the State Treasury. The bill would, upon appropriation by the Legislature, require moneys in the fund Polluters Pay Climate Superfund be expended for, among other things, qualifying expenditures, which the bill would define to include expenditures for projects and programs to mitigate, adapt, or respond to the damages and costs caused to the state from climate change. The bill would require the agency to determine the initial implementation costs for Agenda Item No. 19 Page 14 of 17 CC Agenda 07-21-2025
the act, as provided, and would require the agency to assess an amount allocated equitably among responsible parties to cover those costs.

This bill would declare that it is to take effect immediately as an urgency statute.

Discussed in Hearing
Apr 2, 2025
Senate Standing Committee on Environmental Quality
View Older Hearings
Bill Author
Caroline Menjivar
Bill Co-Author(s):

Dawn Addis
Benjamin Allen
Damon Connolly
Robert Garcia
Lena Gonzalez
Ash Kalra
Chris Rogers
1H
Agenda Item No. 19 Page 15 of 17 CC Agenda 07-21-2025
Henry Stern
Chris Ward
Scott Wiener
News Coverage:

June 6, 2025
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Agenda Item No. 19 Page 16 of 17 CC Agenda 07-21-2025
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Agenda Item No. 19 Page 17 of 17 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
SUBJECT: JOINT CITY/PORT COMMITTEE AGENDA PROCESS AND FUTURE

AGENDA ITEMS
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RECOMMENDATION:

It is recommended that the City Council receive an update and provide direction to the City Council representatives on the Joint City/Port Committee regarding recent topics, including the Washington D.C. Joint Advocacy Trip, Grant Writing Project, Bard Monument Project, City Revenue Sharing Reporting, the Joint City/Port Committee Agenda Process and future agenda topics.

BACKGROUND/ANALYSIS:

At the June 2, 2025 City Council meeting, the City Council on a motion by Councilmember Gama, and seconded by Councilmember Hernandez, voted 4 to 1 to add a future Council agenda item to discuss the agenda preparation process for the joint City-Port Committee meetings. Additionally, several items from recent joint City/Port Committee meetings are being presented for Council consideration and direction to the joint Committee. The City Council may discuss and provide direction regarding upcoming topics, and/or identify other topics for the Committee. The status of identified topics is listed below:
1) Joint City/Port Committee Agenda Setting Process and Future Agenda Items: Several recent City Council meetings and Joint City/Port Meetings have discussed the agenda setting process and future agenda items. At the most recent Joint City/Port Meeting, this topic was discussed and the committee proposed the following process: Each Joint Committee agenda will include a future agenda items section, that will allow the Committee to discuss which future agenda items to schedule for the next meeting. This will allow each entity time to get full Council or Board direction prior to the discussion of that item at the upcoming meeting.

The remainder of the items in this agenda item are proposed future agenda items. City Council may provide feedback or direction to the Joint Committee as desired. 2) Washington D.C. Joint Advocacy Trip: Both the City and Port previously approved a joint advocacy trip to Washington D.C. utilizing community benefit fund funding. The trip was proposed to allow both agencies to advocate with key Federal agencies to ensure recognition of the critical role that the City and Port play in commerce and defense across the U.S. The Joint Committee prepared a preliminary Washington D.C. project advocacy list with the City’s focus on four key areas:

Strategic Partnership Meeting Options
July 21, 2025

Page 2 ends

• Water Infrastructure that serves the City, Port and Base: Support for Defense Community Infrastructure Program grant application for Port Hueneme Water Facility Desalter Membrane and Filter Improvement Project FY 2025: The City’s Port Hueneme Water Authority provides wholesale water to the City, Port of Hueneme, NBVC Port Hueneme and Point Mugu, and Channel Islands Beach Community Services District, and is critical to future operations. In prior Washington D.C. trips, staff received feedback that support from NBVC is critical, and City staff worked with NBVC to receive support for these water infrastructure projects in advance of future advocacy trips. • Beach Nourishment: The dredge of Channel Islands Harbor is critical to the Channel Islands Harbor, Port of Hueneme and City of Port Hueneme. This project is necessary to meet the needs of the County, Naval Base Ventura County, the Port of Hueneme, and the City of Port Hueneme to protect downcoast Federal and municipal infrastructure and operations through the dredging of the Channel Islands Harbor sand trap. This year, we received a partial dredge and all partners are advocating for an additional mid-cycle dredge to complete the movement of sand to prevent obstacles to the Channel Islands Harbor and the Port of Hueneme, and to ensure nourishment of Hueneme Beach.
• Road Repair Funding Opportunities for Roads and Streets that support trade at the Port and Defense via the NBVC Port Hueneme and Point Mugu: The next opportunity we will explore will be road repair funding. The City’s streets are a critical component of a trade corridor and are used daily for NBVC Port Hueneme and Point Mugu operations. With Road Repair costs increasing significantly, funding for these assets are critical. Recent estimates for street paving of the City’s trade corridors that serve all of these agencies reflect significantly increased costs which are anticipated to continue to increase to as much as $4.95 million a year in future years.
• Security and Public Safety: A significant city goal that relates to the City, Port of Hueneme and NBVC Port Hueneme is to ensure the security and public safety of the Hueneme community, and hardening all three aspects of the community. Funding opportunities for tools that can assist all agencies including drones, etc. will be investigated. 3) Grant Writing Project: Similarly, both the City and Port previously approved a joint grant writing project to be funded by Community Benefit Fund funding. To begin to identify a grant to partner on, Council will need to provide direction to the joint committee regarding priority items for a grant, which will allow the City and Port to begin working towards a project. Staff recommends focusing on the three areas identified above, which will pair with the Washington D.C. Joint Advocacy trip to ensure consistency across these projects.
4) Bard Monument Project: At the June 25, 2025 Joint City/Port Committee meeting, the Port provided an update on the Bard Monument Project. This project was previously approved for funding from the Community Benefit Fund and project details were submitted to the City for review in accordance with the Heroes, History Heritage policy.

During the City’s review, there were differing opinions regarding the proposed location. In response, the Port drafted a community survey, which was subsequently amended by the City Council, to gather community input. At the recent Joint Committee meeting, the Port proposed a new project location and alternate design (Attachment B), and has requested feedback from the Council and/or Joint Committee representatives prior to proceeding.

The City Council may provide feedback or direction as part of this item. Once the City receives written notice of an amended project application from the Port, the project would be subject to final approval under the Heroes Policy (currently on hold pending the location being identified), and a Minor Modification Permit to the Port’s current Landscaping Plan. The Citizen Advisory Commission (CAC) previously expressed its support for the monument and recommended that the Agenda Item No. 20 Page 2 of 19 CC Agenda 07-21-2025
Strategic Partnership Meeting Options
July 21, 2025

Page 3 ends

Council determine the appropriate location (or refer the matter back to CAC for additional consideration). The Council may decide to review the revised application directly to direct it to the CAC for additional input.
5) City Revenue Sharing Reporting: Both the City and the Port had not provided required reporting to each other for several years throughout the decade since the signing of the 2015 Settlement Agreement. The City provided the attached report for 2024 (see Attachment C). This year, the Port requested an updated format (Attachment D), and has requested that the city provide future and prior year reports in this revised format. City staff are working to prepare the 2025 report in the updated reporting format and will provide the report to Council for approval prior to submitting to the Port. At that time, staff will also provide information on the availability of prior year reporting and estimated staff time for Council to consider the request regarding prior year reports. 6) Community Benefit Fund Projects: The City has provided the Port with its proposed Community Benefit Fund Projects. The Port indicated that it will have feedback following its Board Visioning Workshop. This is expected to be both a future City Council item and Joint Committee item. 7) Other Items: The Port has also indicated that they will plan to present information on Port Project Partnerships, and requested a presentation on the City’s Economic Development Plan. The City’s Economic Development Plan will be discussed by Council at its August meeting, prior to the next Joint Meeting, which will allow Council to provide the Committee with direction as desired.

FISCAL IMPACT:

No general fund impact – projects are proposed to be funded by Community Benefit Fund.

ATTACHMENTS:

A. June 25 Bard Monument Design
B. Prior Year Revenue Sharing Reporting
C. Proposed Template from Port for Reporting
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Attachment A
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250 North Ventura Road  Port Hueneme, CA 93041  Phone (805) 986-6500 www.cityofporthueneme.org
September 25, 2024
Oxnard Harbor District
Attn: Kristin Decas, Executive Director
333 Ponoma Street, PO Box 608
Port Hueneme, CA 93044-0608
SUBJECT: 1983 AND 1987 SETTLEMENT AGREEMENTS
FY 2023-24 ANNUAL REPORT
Dear Ms. Decas;
The City reports to the District on or before September of each year describing the services it performed during the preceding fiscal year under the 1983 and 1987 Agreements. The following summarizes those services during Fiscal Year 2023-24:
1983 AGREEMENT
Section 5(a). Section 5(a) refers to the widening of Ponoma Street between Pleasant Valley Road and Clara Street for Port access.
• As previously reported, this item has become pre-empted following development of the new Port access via the Hueneme Road Central Gate in the early 1990's (1987 Settlement Agreement).

Section 5(b). Section 5(b) refers to the maintenance and repair of Ponoma Street and Pleasant Valley Road and Hueneme Road west of Ventura Road. During Fiscal Year 2023-24, the City provided the following work:
• Maintenance of Pleasant Valley Road by City crews performing pavement striping/markings work and street sign repairs.
• Maintenance of Port Hueneme Road by City crews performing pavement striping/markings work, street signs, and pavement rehabilitation in spot locations.
• Maintenance of Ponoma Street from Scott Street to Pleasant Valley Road by City crews performing street sign repair, pavement repair and reapplication of striping and markings.

City of Port Hueneme
Attachment B
Agenda Item No. 20 Page 11 of 19 CC Agenda 07-21-2025
ANNUAL REPORT - FY2023-24
September 23, 2024

Page 2 ends

250 North Ventura Road  Port Hueneme, CA 93041  Phone (805) 986-6510  Fax (805) 986-6581 www.cityofporthueneme.org
• Maintenance of Channel Islands Blvd, Ventura Road, Pleasant Valley Road and Port Hueneme Road Traffic signals.

Section 5(c). Section 5(c) refers to police patrols and investigation services in and about the District's property within the City. The following is a summary of activity by the Police Department relating to the Oxnard Harbor District for the period of July 1, 2023 through June 30, 2024 (the breakdown of activity includes the Patrol Division's responses as well as preventative patrolling and criminal investigations during the time period):

Note**
Not all Frequent Patrols/ Harbor Checks are broadcast over the police radio, therefore they were not collected in the above Computer Automated Dispatch data. There are numerous additional Frequent Patrols/ Harbor Checks and Port fence line checks that were performed in addition to these numbers by patrol, detectives, and administrative personnel including the Chief of Police. This includes increased security checks and police presence on security awareness specific days such as September 11th.

Not all federal agency assist calls, such as assisting US Customs with searches, may be included in the CAD data.

Patrol officers, investigators, dispatchers and other support personnel of the Department spent additional time logging, recording incidents and following-up on a number of the calls listed above.

In Addition, starting in the summer of 2023, there were numerous Bike Patrols and Beach Patrols that are not counted in the above Computer Automated Dispatch data. The duties of those operations include checking the Port’s walls/ fence lines and waterway opening of the Port. There were approximately 50 of those various operations.

Call Type Calls For Service Call Type Calls For Service Frequent Patrol of Port ** 74 Meeting 1
Harbor Check ** 31 Traffic Collision w/ Injury 1
Detail 6 RFO 1
Follow Up Investigation 6 Medical 1
Foot Patrol 4 Non-Injury Traffic Collision 1
Traffic Stop 4 Vandalism 1
Subject Disturbing 3 Suspicious Vehicle 1
Agency Assist 3 Code Enforcement 1
Check Well Being 2 Stolen Vehicle 1
Trespass 2 Fire 1
Parking/Information only 2 Bike Patrol 1
Total Calls 148
Agenda Item No. 20 Page 12 of 19 CC Agenda 07-21-2025
ANNUAL REPORT - FY2023-24
September 23, 2024

Page 3 ends

250 North Ventura Road  Port Hueneme, CA 93041  Phone (805) 986-6510  Fax (805) 986-6581 www.cityofporthueneme.org
The Police Department’s Traffic Unit began commercial enforcement efforts to enhance safety and security, which includes roadways adjacent to the Port and roadways utilized by traffic in the egress and ingress of the Port.

Port of Hueneme Wharfingers continue to be the only none Law Enforcement / Fire entity to have 24/7 access to the Port Hueneme Police Department primary radio frequency for calling in Port emergencies in real time and requesting assistance from PHPD Officers.

Training
Several new Police Department employees were briefed and on site trained for Port activities, response, and security.

All Police Department operations staff were provided updated training by Ventura County Fire and Port staff on responding to emergencies on RORO ships.

Meetings and Administration
Chief of Police and additional staff attended regular and special Oxnard Harbor Board Meetings.

Chief of Police and additional staff attended Port meetings with Port Staff.

Chief of Police and additional staff attended Port meetings with Port Security/Safety Staff for potential protests and other events that were potential threats to Port activities.

Chief of Police and additional staff attended regular Port/ Maritime Security Meetings with Port Staff.

Chief of Police and additional staff attended meetings and performed operations at the annual Banana Festival and other Port hosted events. (Fathomworx Summit, Robotics Competition) Chief of Police and additional Staff attended off site Federal level Law Enforcement Maritime and Port Security Meetings with Coast Guard and other law enforcement agencies.

Chief of Police attended meetings and site visits with other west coast port authorities and police departments for best security practices and info sharing to enhance safety and security. 1987 AGREEMENT
Section 6(a). Section 6(a) refers to the use of funds advanced by the District for construction of specified street improvements.
• As previously reported, these funds were used to defray a portion of the City's 20% matching share in connection with the Local Government Coastal Management Improvement Program. Under this Program, over $2 million was expended for miscellaneous street construction and sound attenuation improvements along designated truck routes. This Program was successfully completed in 1989.

Agenda Item No. 20 Page 13 of 19 CC Agenda 07-21-2025
ANNUAL REPORT - FY2023-24
September 23, 2024

Page 4 ends

250 North Ventura Road  Port Hueneme, CA 93041  Phone (805) 986-6510  Fax (805) 986-6581 www.cityofporthueneme.org
Section 6 (b)(2). Section 6(b)(2) refers to specified capital improvements and maintenance/repair of designated truck routes. The following truck route projects were performed during Fiscal Year 2023-24 on Channel Islands Boulevard, Ventura Road, Pleasant Valley Road, and Port Hueneme Road:
• Channel Islands Boulevard between Victoria Avenue and Ventura Road - ongoing sign maintenance eastbound and westbound travel; pruning of median island trees to minimize interference with passing trucks, and pavement rehabilitation in spot locations.
• Ventura Road between Channel Islands Boulevard and Port Hueneme Road - ongoing sign maintenance northbound and southbound travel lanes; lane repair work on the northbound and southbound travel lanes; pruning of median island trees to minimize interference with passing vehicles/trucks; and pavement rehabilitation in spot locations.
• Pleasant Valley Road between NBVC Entrance and Ventura Road - sign maintenance eastbound and westbound travel lanes and pavement rehabilitation in spot locations.
• Port Hueneme Road between Ventura Road and J Street -sign maintenance eastbound and westbound lanes of travel; re-striping and pavement repairs on eastbound and westbound lanes.
• Design Services for the Port Hueneme Road Pavement Reconstruction • Ongoing contract with SCE continues to provide upgrade replacement/maintenance of streetlights on all truck routes. • Ongoing contract with Yunex to provide Traffic signal repair and maintenance.

Section 6(b)(3). Section 6(b)(3) refers to municipal and public services in support of District operations. A summary of capital improvements together with planning, management, and administrative activities in support of District operations during Fiscal Year 2023-24 include:
• Provided operations and management activities on City storm drains (and associated flood control stations) that accept storm flow from the Port. • Participation in the City/Port meetings during the year. • Permit, law enforcement, and logistical support of Banana Festival.

Agenda Item No. 20 Page 14 of 19 CC Agenda 07-21-2025
ANNUAL REPORT - FY2023-24
September 23, 2024

Page 5 ends

250 North Ventura Road  Port Hueneme, CA 93041  Phone (805) 986-6510  Fax (805) 986-6581 www.cityofporthueneme.org
• Legislative and lobbying efforts to address shoreline erosion and seeking Channel Islands Harbor dredging and sand bypass project that serves to protect the Port's shoreline revetment as well as re-nourish down-coast beaches impacted by the Port's barrier to the region's natural littoral drift. • Design, permitting, and construction of shoreline protection to prevent significant damage/flooding to the railroad and Port property as a result of shoreline erosion caused by Port jetties.
• Tree pruning/tree removal of obstructions along railroad right-of-way. • Waivers of permit parking fees for Port-related events at Beach. • Removal of windblown debris in community from harbor and harbor- related trucking.
• Pull back debris from Port fence line cause by wave overlapping. • Street Sweeping services around the Port Property and along truck routes.

Should you have any questions regarding this report, please feel free to call me at (805) 986-6518.

Sincerely,
James Vega
City Manager
cc: City Council
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Agenda Item No. 20 Page 16 of 19 CC Agenda 07-21-2025
Date
Started
Date
Completed
Department Amount
Date
Started
Date
Completed
Department Amount
Project Title & Description
Category (ii): public safety services for special events held at the District and/or that provide a public benefit to the District City of Port Hueneme - Oxnard Harbor District
Annual Report
Fiscal Year 20XX
Per section 13 of the 2015 agreement
Category (i): capital improvements and infrastructure maintenance to City streets that receive a high degree of truck and other vehicle traffic due to ingress and egress from the Port so as to permit their free and full utilization to service Port facilities Project Title & Description
Attachment C
Agenda Item No. 20 Page 17 of 19 CC Agenda 07-21-2025
Date
Started
Date
Completed
Department Amount
Category (iii): public improvements or programs that are located within a two (2) mile radius of the Port (including but not limited to payments made by the City for sand replenishment from the seawall to the City'spublic beaches) and which provide a public benefit to the District.

Project Title & Description
Agenda Item No. 20 Page 18 of 19 CC Agenda 07-21-2025
Agenda Item No. 20 Page 19 of 19 CC Agenda 07-21-2025
DATE: July 21, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Brian Popovich, City Manager’s Analyst
SUBJECT: VETERANS ADVISORY AD HOC COMMITTEE APPOINTMENTS RECOMMENDATION:

It is recommended that the City Council receive the update on the status of the Veterans Advisory ad hoc committee and appoint additional members to the committee.

BACKGROUND/ANALYSIS:

At the June 16, 2025 City Council meeting, Council made a motion to move forward with a three-member Veterans Advisory Ad Hoc Committee and to keep recruitment open for two additional members to reach the full five-member body. At its June 16 2025 meeting, the City Council directed staff to establish a Veterans Advisory Ad Hoc Committee. Since that action the City has received 5 applications; however, Council policy requires committee members to be Port Hueneme residents, and 1 applicant lives outside the City.

The remaining 4 applicants meet all eligibility criteria. Staff received Luis Martinez’s application first, after plans were already in motion for the kickoff meeting with the qualified members. Because the committee still had only three confirmed participants, Mr. Martinez attended the kickoff meeting as an observer.

The Veterans Advisory Ad Hoc Committee held its inaugural meeting on Friday, July 11, 2025. Staff detailed the committee’s goals, provided examples of Veterans commissions in other jurisdictions, and explained the procedural differences between an ad hoc committee and a standing commission. Members agreed to draft a preliminary work plan including goals, partnership opportunities, criteria and qualifications for a full time Veterans Advisory Commission.

Staff recommends appointing Mr. Martinez to the Ad Hoc Committee based on his relevant background and experience, and because he attended the orientation meeting and has since taken initiative to share valuable information with the remainder of the ad hoc committee. Council may then select the final appointment from the remaining eligible applicants. While the Council previously directed staff to build a five‑member committee, that number can be revised should the Council wish to expand membership and accommodate additional qualified applicants.

Agenda Item No. 21 Page 1 of 14 CC Agenda 07-21-2025
Veterans Advisory Ad Hoc Appointments
July 21, 2025

Page 2 ends

At the April 7, 2025, City Council meeting, a motion was made by Mayor Pro Tem Lopez, seconded by Councilmember Hernandez, and passed unanimously (5-0) to create a fivemember ad hoc Veterans Advisory Committee. The committee's purpose is to develop recommendations and advise the Council on veteran-related matters, such as developing resource lists, facilitating connections, and organizing veteran and military-related events.

The initial framework set by the Council requests members should have veteran or activeduty military experience or be professionally engaged in veteran affairs. The ad hoc committee was also tasked with developing the framework and goals for a standing Veterans Advisory Commission.

Following the Council's direction, staff advertised and opened applications for the Veterans Advisory Committee for one month. During this period, only three applications were received. The application deadline was subsequently extended for an additional week, but no further applications were submitted.

At the March 3, 2025, City Council meeting, Mayor Pro Tem Lopez requested staff explore establishing a Veterans Advisory Commission. The goal is to effectively address veteranrelated matters by drawing upon community expertise and increasing community engagement. Staff reviewed advisory commissions in Menifee, Chula Vista, and Riverside County to help create a framework for Council consideration.

In an effort to form the Veterans Advisory Commission, staff has prepared a potential framework that Council can utilize as a template or guideline for developing the Commission. This framework is intended to assist in generating ideas and providing initial direction, but it can be altered according to the Council’s preferences, and the City Council may modify criteria, or add or remove depending on its goals.

Based on a review of similar commissions, the proposed purpose and intent of the Veterans Advisory Commission include serving as an advisory body to the City Council on veteran-related issues. This commission would utilize specialized knowledge and experience from community members to:
• Facilitate meaningful engagement with the local veteran community. • Enhance access to veteran benefits and resources.
• Assist in planning and promoting veteran-focused events and initiatives.

Proposed responsibilities of the Veterans Advisory Commission include providing policy recommendations to City Council, acting as a liaison between veteran organizations and City representatives, and promoting community awareness of veteran affairs. The Commission would also participate in planning city-sponsored veteran recognition events, including Memorial Day and Veterans Day ceremonies. Additional responsibilities include:
• Supporting veteran outreach efforts.
• Addressing protocol matters related to military and patriotic observances.

Agenda Item No. 21 Page 2 of 14 CC Agenda 07-21-2025
Veterans Advisory Ad Hoc Appointments
July 21, 2025

Page 3 ends

• Advocating for improved access to veterans' benefits provided by federal, state, county, and local agencies.
• Conducting community education and outreach to raise awareness of veteranrelated issues and available resources. • Identifying needs within the veteran community and proposing viable solutions or initiatives.

The commission could be composed of a five-member body, appointed similarly to the existing Citizens Advisory Commission and Measure U Committee. Each City Councilmember, including the Mayor, would appoint one commission member. Members shall serve a term of four (4) years, expiring on January 31st following the expiration of the appointing Council Member's term. When there is a creation of a new Commission the term shall be the length of time remaining for the appointing Council Member, expiring the 31st day of January following said expiration, for the first term only. Members would be required to be residents of Port Hueneme. Veteran or military affiliation would not be a requirement to serve on the commission.

The Veterans Advisory Commission would meet quarterly, adhering to the Ralph M.

Brown Act. Additional meetings could be scheduled as necessary to respond to specific or urgent veteran-related issues or projects.

FISCAL IMPACT:

Although there are no fiscal impacts with the action of forming a Veterans Advisory ad hoc committee or Veterans Advisory Commission, future fiscal impacts would be based upon the parameters or any projects or programs that are developed and recommended by the ad hoc committee or Veterans Advisory Commission (if created). Future programs, projects, and staff time would need to be assessed and budgeted for in the corresponding years’ budget.

STRATEGIC PLAN:

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

Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders • Identify and organize Issue-Centric Focus Groups/Teams to optimally deploy shared resources
ATTACHMENTS:

A. Applications
Agenda Item No. 21 Page 3 of 14 CC Agenda 07-21-2025
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Agenda Item No. 21 Page 4 of 14 CC Agenda 07-21-2025

No. of Years Lived in Port Hueneme _________
_____ Citizen Advisory Commission Are you over the age of 18 years? ______yes ______ no
_____ Special Committees
(Ad Hoc / Single issue)
Registered Voter of Port Hueneme?
______yes ______ no
_____ Transactions and Use Tax Citizens
Oversight Committee
Do you possess any felony convictions?
______yes ______ no
Do you own a business in the City?
______yes ______ no
Are you an employee, or dependent of an
employee, of the City? ______yes ______ no
Are you an elected Official?
______yes ______ no
Name ______________________________ Address ___________________________ Phone (Home) ________ (Cell) ________ (Other) __________________ Email ___________ Occupation __________________________________ Educational Background: Highest Level of Education ___________________________________ Additional Educational Information ____________________________________________________ Community and Civic Interests: ____________________________________________________ ________________________________________________________________________________ References: Please provide Name, Address, and Phone of three Port Hueneme references:

1. _________ ________________ ___________________________________

2. _________ _______________ ___________________________________ _

3. _________ _______________ ___________________________________ _ Please attach additional documentation for consideration of qualifications

THIS FORM IS A MATTER OF PUBLIC RECORD
City of Port Hueneme
“The Friendly City By The Sea”
CITIZEN’S INTEREST TO SERVE FORM
The City of Port Hueneme requests information about your experience, education and interest in serving on a city commission or committee, specifically your reasons for wishing to serve on a city commission or committee. Please complete both pages of the form. Thank you for your interest.

Please submit completed form to: Office of the City Clerk, Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, CA 93041 or email - [email protected] x
x
x
3 x
x
x
x
Luis E. Martinez Port Hueneme CA 93041
Military
Masters Degree in Architecture
Respectfully requesting participation in planning processes between NBVC and the City of Port Hueneme.

Bexy Gomez / Port Hueneme, CA 93041/
Rosey Ochoa / Port Hueneme CA 93041
Hilda Ocampo Port Hueneme CA 93041
Attachment A
Agenda Item No. 21 Page 5 of 14 CC Agenda 07-21-2025

Page 2 ends

In 300 words or less, explain reasons for wanting to serve:

Signature Date
As a proud resident of Port Hueneme and a Naval Officer with over a decade of service, I am committed to fostering stronger collaboration between Naval Base Ventura County (NBVC) and the City of Port Hueneme. With a Master’s Degree in Architecture and professional experience in construction management, I bring a unique perspective that bridges military operations, infrastructure planning, and community development.

I am raising my family in this city, and I am deeply invested in its future. I believe my personal and professional background equips me to contribute meaningfully to the city's growth, particularly in areas where federal and local planning intersect. I hope to support thoughtful development, advocate for sustainable practices, and ensure the voices of military families and local residents are heard in shaping Port Hueneme’s long-term vision.

Through this service, I aim to give back to a city that has welcomed my family and supported my career. I am especially interested in joining a committee where my planning, design, and project coordination experience can be of value. 01JUL2025
Agenda Item No. 21 Page 6 of 14 CC Agenda 07-21-2025
Agenda Item No. 21 Page 7 of 14 CC Agenda 07-21-2025
Agenda Item No. 21 Page 8 of 14 CC Agenda 07-21-2025
o
JET
City of Port Hueneme
The Friendly City By The Sea (( ff
CITIZEN’S INTEREST TO SERVE FORM
The City of Port Hueneme requests information about your experience, education and interest in serving on a city commission or committee, specifically your reasons for wishing to serve on a city commission or committee. Please complete both pages of the form. Thank you for your interest.

Please submit completed form to: Office of the City Clerk, Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, CA 93041 or email - clerk@cityofporthueneme. org No. of Years Lived in Port Hueneme
Citizen Advisory Commission
^ S^pecial Committees
Are you over the age of 18 years? _ X yes
Registered Voter of Port Hueneme?
no
yes no
Transactions and Use Tax Citizens
Oversight Commjttee
Do you own a business in the City?
Do you possess any felony convictions?
yes no
Are you an employee, or dependent of an
yes X employee, of the City? ,yes 'X no no
Are you an elected Official?
yes no
Name \>JALUS Address
Phone (Home) (Other)
Email:

Educational Background: Highest Level of Education
Additional Educational Information
\ Supparf miliian^ Q-miiOiMS' locally cppnminipeS' ? htip Community and Civic Interests:
irJ e:xplore 'lhe)r nnlim, ^dicatidr} Oil UTX- THeir bcn&fity- References: Please provide Name, Address, and Phone of three Port Hueneme references:
' los-tph Fra.na Unn iZesihPnay (Center n\o<n PxU. >er Ven-nira rtenior Lt

1. 2. r

3. Please attach additional documentation for consideration of qualifications

THIS FORM IS A MATTER OF PUBLIC RECORD
Agenda Item No. 21 Page 9 of 14 CC Agenda 07-21-2025

Page 2 ends

In 300 words or less, explain reasons for wanting to serve:

AlffigOfjVi 1 tunrl
(}{f\\](X<K3 find proijrnnns <W\r(\)(yn Chranri Qounx^cn nnWAo. pm^rnm? pn <^s\An \S luLtpi^g- 'inryivyidii Qf'.y acJh'i-eAM.
-thfjiT (joajy. TFii.-^ irpm-T? ^plnrin^ mu, apr\oviF; -for -mem ftCO, \ also Wwte, opp(^^r■Uln^^t\^ to do rnmtVAivNOi'U^ rywencK uSrwx rtrv-|07-^ri(^ nf^o'i7nrttnv->?, -tN^Q-V VYWiP. (\s^<XZj\rx:^ ’\s ^ 3 tf.g>pfYVi,-<°ir5; JiCt\ haM-e g 'o^g \vnkrt -for (^\\i\rxo^ V)acK, ■\o -"imYA onA e^9p&<--f\m. IM anc-yvn^r iii Se-yye,
0r.' 0Q-ZQZ5 Date
Agenda Item No. 21 Page 10 of 14 CC Agenda 07-21-2025
City of Port Hueneme^^
The Friendly City By The Sea (( ff
CITIZEN’S INTEREST TO SERVE FORM
The City of Port Hueneme requests information about your experience, education and interest in serving on a city commission or committee, specifically your reasons for wishing to serve on a city commission or committee. Please complete both pages of the form. Thank you for your interest.

Please submit completed form to; Office of the City Clerk, Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, CA 93041 or email - clerk@cityofporthueneme. org No. of Years Lived in Port Hueneme 70
Citizen Advisory Commission Are you over the age of 18 years? X yes no
X Special Committees
(Ad Hoc / Single issue)
Registefed Voter of Port Hueneme?
X yes no
Transactions and Use Tax Citizens Do you possess any felony convictions? Oversight Committee yes X no
Are you an employee, or dependent of an
yes X no
Do you own a business in the City?
yes X no employee, of the City?
Are you an elected Official?
yes X no
Name Rebecca Breuning Address
Phone (Home) (Cell) (Other)
Email; Occupation Retired
Educational Background: Highest Level of Education vocational school Additional Educational Information i have an accounting degree Community and Civic Interests: I'm on the Citizan Advisory commission, Historical Museum Goverance Board, Treasurer for the Sister City Organization
References: Please provide Name, Address, and Phone of three Port Hueneme references;

1. Bobby Martinez

2. Rich Rollins

3. Kevin Brannon
Please attach additional documentation for consideration of qualifications

THIS FORM IS A MATTER OF PUBLIC RECORD
Agenda Item No. 21 Page 11 of 14 CC Agenda 07-21-2025

Page 2 ends

In 300 words or less, explain reasons for wanting to serve:

My Dad spent 30 years in the Seabees, with Hueneme being his home base. My husband was the military as was my middle daughter and my son. My son will be retiring in two years as a PA after serving 25 years. I fell I know the military pretty good and would be an asset to the Veterans Advisory Board.

Date/ 7^
Agenda Item No. 21 Page 12 of 14 CC Agenda 07-21-2025

No. of Years Lived in Port Hueneme _________
_____ Citizen Advisory Commission Are you over the age of 18 years? ______yes ______ no
_____ Special Committees
(Ad Hoc / Single issue)
Registered Voter of Port Hueneme?
______yes ______ no
_____ Transactions and Use Tax Citizens
Oversight Committee
Do you possess any felony convictions?
______yes ______ no
Do you own a business in the City?
______yes ______ no
Are you an employee, or dependent of an
employee, of the City? ______yes ______ no
Are you an elected Official?
______yes ______ no
Name ______________________________ Address __________________________ Phone (Home) __________________ (Cell) _________ (Other) __________________ Email ______________ Occupation __________________________________ Educational Background: Highest Level of Education ___________________________________ Additional Educational Information ____________________________________________________ Community and Civic Interests: ____________________________________________________ ________________________________________________________________________________ References: Please provide Name, Address, and Phone of three Port Hueneme references:

1. __________ ________________________________________________

2. _________ _____________________________________________

3. __________ __________________________________________________ Please attach additional documentation for consideration of qualifications

Please submit completed form to: Office of the City Clerk, Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, CA 93041 or email - [email protected] Agenda Item No. 21 Page 13 of 14 CC Agenda 07-21-2025

Page 2 ends

In 300 words or less, explain reasons for wanting to serve:

Date
Agenda Item No. 21 Page 14 of 14 CC Agenda 07-21-2025

Port Hueneme City CouncilJuly 21, 2025

Port Hueneme City Council
July 21, 2025