CITY O F VENTURA
CITY COUNCIL MINUTES
Sofia Rubalcava
Mayor
Doug Halter
Councilmember District 2
Jim Friedman
Councilmember District 5
Mike Johnson
Councilmember District 3
Lorrie Brown
Councilmember District 6
Jeannette Sanchez-Palacios
Councilmember District 4
Joe Schroeder, Deputy Mayor
Councilmember District 7
Alex D. McIntyre, City Manager
Andy Heglund, Interim City Attorney
Tracy Oehler, Interim City Clerk
REGULAR MEETING MINUTES
MONDAY, FEBRUARY 28, 2022
CLOSED SESSION - 5:00 P.M.
REGULAR MEETING - 6:00 P.M.
City Council conducted this meeting in accordance with California Governor Newsom's Executive Orders N-25-20 and N-29-20 pertaining to the Brown Act and COVID-19 pandemic protocols.
February 28, 2022 Ventura City Council Minutes
www.cityofventura.ca .gov
CS1. CALL TO ORDER- CLOSED SESSION: 5:00 p.m.
CS2. ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
Mayor Rubalcava presiding.
CS3. PUBLIC COMMUNICATIONS: None.
CS4. CLOSED SESSION - TeleconferenceNideo Conference Meeting. The Public may not participate in the Closed Session, other than for Public Comments.
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Name of Case: VCFPO v. Santa Clara Waste Water, et al.
Ventura County Superior Court Case No.: 56-2016-00484523 Authority: Government Code §54956.9(d)(1)
Action: No reportable action.
2. CONFERENCE WITH LEGAL COUNSEL
Initiation of Litigation: One
Authority: Government Code Section 54956.9(d)(4)
Action: No reportable action.
CS5. ADJOURNMENT: 5:50 p.m.
1. CALL TO ORDER- REGULAR SESSION: 6:01 p.m.
2. ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
Mayor Rubalcava presiding.
3. PLEDGE OF ALLEGIANCE: Deputy Mayor Schroeder
4. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
4A. Civic Alliance State of the Region Report
February 28, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
2 5. CLOSED SESSION REPORT: City Attorney Andy Heglund reported that there was no reportable action taken.
6. CITY COUNCIL COMMUNICATIONS/REPORTS
Councilmember Johnson
• Reported out on the Ventura Unified School District regarding the Declining Enrollment Committee
• Adjournment of meeting in memory of former Ventura County Supervisor John Flynn
7. CITY MANAGER COMMUNICATIONS
City Manager Alex McIntyre provided the following update:
• City facilities reopened to staff only; possibility of reopening to the public in March
• Possibility of hybrid meetings
• Return of St. Patrick's Day on March 12, 2022
• Update cannabis on process
• March 21 , 2022: Fire Strategi Plan
• March 28, 2022: General Plan Vision Statement
9. CONSENT ITEMS
Action: M/S/C (Friedman/Brown) to approve the Consent Items in one motion as presented with the exception of Agenda Item 9E.
Vote: All Ayes
9A. Move all resolutions and ordinances presented tonight be deemed read by title only and all further reading be waived.
Action: No Speakers . Approved recommendation.
98. Designation of Voting Delegate - Southern California Association of Governments 2022 to General Assembly
Introduced by: Mayor Rubalcava
RECOMMENDATION
Confirm the Mayor's appointment of Councilmember Lorrie Brown as the City's voting delegate for Southern California Association of Governments 2022 General Assembly.
Action:
February 28, 2022
No Speakers. Approved recommendation.
Ventura City Council Minutes
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3 9. CONSENT ITEMS (CONTINUED)
9C. Consideration of a Resolution Making Required Finding to Continue to Allow City Council and all of its Subordinate Bodies to Meet Remotely Pursuant Assembly Bill 361
Staff: Tracy J. Oehler, Interim City Clerk
RECOMMENDATION
Adopt a Resolution making findings in accordance with Assembly Bill 361 and Government Code Section 54953(e), reconfirming the need for remote teleconference meetings of the City Council and all subordinate bodies of the City of San Buenaventura. Resolution titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, RECONFIRMING THE NEED
FOR REMOTE TELECONFERENCE MEETINGS OF THE CITY
COUNCIL AND ALL CITY SUBORDINATE BODIES OF THE CITY
OF SAN BUENAVENTURA IN ACCORDANCE WITH AB 361 AND
GOVERNMENT CODE SECTION 54953(e)"
Supplemental Packet: All Public Communications are listed and posted online.
Public Speaker: Matt Bello
Action: Approved recommendation.
Resolution No. 2022-011
9D. Authorization to Apply for Grant Funds for the VenturaWaterPure Program
Staff: Alex D. McIntyre, City Manager
RECOMMENDATION
a. Authorize the Ventura Water General Manager, or designee, to apply for a grant for up to $25,937,100 for the Bureau of Reclamation WaterSMART: Title XVI Water Reclamation and Reuse Projects. b. Direct staff to return to City Council after the grant application has been submitted for City Council to consider a resolution providing staff authorization for grant processing and administration.
Action:
February 28 , 2022
No Speakers. Approved recommendation.
Ventura City Council Minutes
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4 9. CONSENT ITEMS (CONTINUED)
9E. Accept and Approve the Local Agency Developer Improvement Fee Report, Fiscal Year Ended June 30, 2021
Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
Per the California Government Code, and as specifically required by the Mitigation Fee Act and the Quimby Act:
a. Accept the City's annual report and findings regarding developer fees; and
b. Approve the reauthorization of the intended use of retained funds collected for improvements that remain unspent for more than five years .
Action: M/S/C (Friedman/Brown) to approve staff recommendation. 9F. First Amendment and Contract Increase for Contract with Versaterm Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
Authorize the Mayor to execute the First Amendment to the Professional Services Agreement with Versaterm, Inc. for the total not-to-exceed by $326,651 for the additional system components and annual maintenance fees for the remainder of the term for a new total not-to-exceed amount of $1,336,842.
Action:
February 28, 2022
No Speakers. Approved recommendation.
Agreement No. 2018-010.1
Ventura City Council Minutes
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5 9. CONSENT ITEMS {CONTINUED)
9G. Second Amendment to Master Services Agreement with Unit4 Business Solutions
Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
Approve and authorize the Mayor to execute the Second Amendment to the Master Services Agreement with Unit4 Business Solutions in the amount of $8,656 for a new total not-to-exceed amount of $528,656.
Action: No Speakers . Approved recommendation.
Agreement No. 2020-032.2
9H. Request to Purchase Additional Licenses for Digital Health Department Software
Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
a. Authorize the Mayor to execute an Amendment with Tyler Technologies for the Digital Health Department licenses needed in the amount of $5,328.
b. Authorize the City Manager or designee to execute any necessary modifications or change orders for additional future system licenses, with expenditures not-to-exceed an additional $10,000 for a total not to-exceed amount of $223,565.
Action:
February 28, 2022
No Speakers. Approved recommendation.
Agreement No. 2019-095 .1
Ventura City Council Minutes
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6 9. CONSENT ITEMS (CONTINUED)
91. Authorization for Modifications to the State CALNET Contracts Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
Authorize the City Manager to approve and execute any needed current and future contract modifications and related documents as it pertains to the State CALN ET contracts for a duration of five years for a total not-to-exceed amount of $1,250,000.
Action: No Speakers. Approved recommendation.
9J. Expansion of Skatepark at Westpark - Capital Improvement Proiect 92928
Staff: Nancy O'Connor , Parks & Recreation Director
RECOMMENDATION
a. Approve and accept $1,990,000 in grant funds and authorize additional funds of $322,000 from Parks Capital Fund (Fund 18) for the Skatepark at Westpark expansion improvements project. b. Authorize the Mayor to execute a contract with the grant provider (State of California) in a form to be approved by the City Attorney. c. Authorize the Finance and Technology Department to make the proper budgetary and accounting entries for recording increased revenue and expenditure appropriations to the proper programs and accounts, to include CIP Appropriations for use as provided in the grant.
Action:
February 28, 2022
No Speakers . Approved recommendation.
Ventura City Council Minutes
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7 9. CONSENT ITEMS (CONTINUED)
9K. Consideration of Professional Services Agreement with Waterways Consulting, Inc. for Fish Passage Improvements Design Services for Proiect 97945 - Ventura River Fish Passage Improvements at Foster Park - Phase 2
Staff: Phillip L. Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute subject Agreement with Waterways Consulting, Inc. in the amount.of $99,025 with a contract completion date of December 31, 2023.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum
contingency of $10,000 for a total not to exceed Agreement amount of $109,025 and a total time extension of 180 calendar days. c. Authorize an increase to the Fiscal Year 2021-2022 budget in the amount of $41,000 from the Water Capital Fund (Fund 72) and authorize the Finance and Technology Director to increase budget appropriations and revenues to the proper projects and accounts in the Fiscal Year 2021-2022.
Action: No Speakers . Approved recommendation.
Agreement No. 2022-009
9L. Senate Bill 1383 Local Assistance Grant Program
Staff: Phillip L. Nelson, Public Works Director
RECOMMENDATION
a. Approve the resolution authorizing the City to submit an application to the California Department of Resources Recycling and Recovery for any and all payment programs related to the Senate Bill 1383 Local Assistance Grant Program.
February 28, 2022 Ventura City Counc il Minutes
www .cityofventura .ca .gov
8 9. CONSENT ITEMS (CONTINUED)
b. Authorize the Public Works Director to act as the agent for the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned.
c. Authorize the Finance and Technology Department to assign increased appropriations and revenues to the proper projects and accounts for their use as provided in the grant if the grant is awarded.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA AUTHORIZING SUBMITTAL OF APPLICATION FOR
PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS
Action: No Speakers. Approved recommendation.
Resolution No. 2022-012
9M. Consideration of Approval of Construction Contract with Toro Enterprises, Inc. for Proiect 91703 - Sidewalk and ADA Ramp Improvements Proiect
Staff: Phillip L. Nelson, Public Works Director
RECOMMENDATION
a. Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15301 (c) of the CEQA guidelines because it is considered the repair, maintenance, or minor alteration of an existing street, sidewalk and gutter involving negligible or no expansion of an existing use.
b. Waive all minor bid irregularities, approve and authorize the Mayor to execute the Public Works contract, Specification 2021-072 with Toro Enterprises, Inc. for the Sidewalk and ADA Ramp
Improvements Project in the amount of $308,180.50.
c. Authorize the Public Works Director or designee to execute future amendments to Toro Enterprises, Inc. up to a total maximum contingency of $30,818 for a total not-to-exceed Agreement amount of $338,998.50 and a total time extension of 90 calendar days.
Action:
February 28, 2022
No Speakers. Approved recommendation.
Agreement No. S2021-072
Ventura City Council Minutes
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9 9. CONSENT ITEMS (CONTINUED)
9N. Consideration of the Second Amendment to Professional Services Agreement 2019-040 with RRM Design Group for Civil Engineering Consulting Services on Proiect 93960 - Surfer's Point Phase II Staff: Phillip L. Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute the Second Amendment to Professional Services Agreement 2019-040 with RRM Design Group in the amount of $18,607 for a new contract total of $372,972 and a contract completion date of June 30, 2022. b. Authorize the Public Works Director or designee to execute future amendments to subject agreement up to a total maximum
contingency of $11,393 for a total not to exceed contract amount of $384,365.
Action: No Speakers. Approved recommendation.
Agreement No. 2019-040.2
90. First Amendment to General Services Agreement with Ferguson Enterprises for the Advanced Metering Infrastructure Proiect Staff: Susan Rungren, Ventura Water General Manager
RECOMMENDATION
Approve and authorize the Mayor to execute the First Amendment to General Services Agreement No. 2016-060 with Ferguson Enterprises in the amount of $294,750, to convert to the Neptune 360 Data Management Platform and provide hosting services for five consecutive years. This addition and the adjustment of material quantities will result in a total not to-exceed contract amount of $9,191,076.32, which includes a previously approved contingency of $200,000.
February 28, 2022 Ventura City Council Minutes
www .cityofventura .ca.gov
10 9. CONSENT ITEMS (CONTINUED)
City Council also meeting as the Successor Housing Agency for Agenda Item 9P. 9P. Approve the Sixth Amendment to the Dyer Sheehan Group Professional Services Agreement #2017-118 (PO# 100004376) Staff: Peter Gilli, Community Development Director
RECOMMENDATION
As the Successor Housing Agency:
a. Approve and authorize the Mayor to execute the Sixth Amendment to the Dyer Sheehan Group Professional Services Agreement for the Ventura Veterans Home Development project public off-site improvements work; $65,000 increase for a new not-to-exceed amount of $352,500 and extending the term to June 30, 2022. b. Authorize the Finance and Technology Department to adjust appropriations in the Successor Housing Agency Fund by $65,000 to cover this agreement increase.
Action:
13. FORMAL ITEMS
No Speakers. Approved recommendation.
Agreement No. 2017-118.6
13A. Approve an Amendment to the City Manager's Employment Agreement and Adopt a Resolution Amending the Compensation and Terms of the City Manager's Employment Agreement: Adopt a Revised Salary Resolution
Introduced by: Sofia Rubalcava, Mayor
Joe Schroeder, Deputy Mayor
RECOMMENDATION
a. Approve Amendment #3 to the City Manager's Employment Agreement and adopt a resolution amending the compensation and terms of the City Manager's Employment Agreement No. 2018-77 ["Agreement"] (1) amending Section 7.1 - Severance Pay from nine months to twelve months , and (2) amending Section 3.2 to provide a two percent merit salary increase .
February 28, 2022 Ventura City Council Minutes
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11 13. FORMAL ITEMS (CONTINUED)
b. Adopt a Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Certain Paid Officers and Employees of the City of San Buenaventura as of February 28, 2022.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA AMENDING THE COMPENSATION AND TERMS OF
EMPLOYMENT FOR THE POSITION OF CITY MANAGER
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF POSITIONS AND A STANDARDIZATION OF SALARIES OF CERTAIN
PAID OFFICERS AND EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF FEBRUARY 28, 2022
Supplemental Packet: All Public Communications are listed and posted online.
Public Speakers: Carol Spector, Wendy, and Spencer Noren Action: M/S/C (Friedman/Schroeder) to approve the
staff recommendation . Agreement No. 2018-
077.3, Resolution No. 2022-013, and
Resolution No. 2022-014
Vote: Ayes : Councilmembers Sanchez-Palacios,
Brown, Halter, Friedman, Deputy Mayor
Schroeder, and Mayor Rubalcava; Noes:
Johnson; Abstain: None; Absent: None.
138. Introduce Ordinance Adopting New District Map
Staff: Tracy J. Oehler, Interim City Clerk
RECOMMENDATION
a. Determine that this action is exempt under Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines because it is not a "project" as defined by CEQA that would have significant effects on the environment.
February 28, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
12 13. FORMAL ITEMS (CONTINUED)
b. Introduce and waive the first reading of the ordinance, titled as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING IN PART, CHAPTER
2.210, "CITY COUNCIL," OF THE SAN BUENAVENTURA
MUNICIPAL CODE TO UPDATE CITY COUNCIL VOTING
DISTRICT BOUNDARIES AND REFERENCES
c. Set the second reading and adoption of this ordinance at the City Council meeting on March 21 , 2022.
Supplemental Packet: All Public Communications are listed and posted online.
Public Speakers: Glenn Overley, Dacia Hayslip and Cindy Malecky ceded time to Glenn Overley, Fabiola
Rodriguez, Francisco Figueroa, and Yvonne
Quintero
Action: M/S/C (Brown/Johnson) to approve the staff
recommendation .
Vote: Ayes: Councilmembers Sanchez-Palacios,
Brown, Johnson, Halter, Friedman, Deputy
Mayor Schroeder, and Mayor Rubalcava; Noes:
None; Abstain: None; Absent: None.
13C. Creation of Information Technology Department
Staff: Michael Coon, Finance and Technology Director
RECOMMENDATION
a. Determine that the enactment of procedures and regulations restructuring the Finance and Technology Department into two separate departments pursuant to this Ordinance is determined to be exempt under Section 15061 (b)3 of the of Title 14 of the California Code of Regulations because the enactment of this ordinance does not have the potential to result in significant effects on the environment.
February 28, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
13 13. FORMAL ITEMS (CONTINUED)
b. Introduce and waive the first reading of an ordinance amending various sections of the Municipal Code, titled as follows:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF THE SAN BUENAVENTURA MUNICIPAL CODE TO
SEPARATE THE INFORMATION TECHNOLOGY DIVISION FROM
THE FINANCE AND TECHNOLOGY DEPARTMENT BY
CREATING A SEPARATE DEPARTMENT OF INFORMATION
TECHNOLOGY"
c. Set the second reading and adoption of the Ordinance at the City Council meeting on March 21, 2022.
Supplemental Packet: All Public Communications are listed and posted online.
Public Speakers: Spencer Noren
Action: M/S/C (Friedman/Schroeder) to approve the
staff recommendation.
Vote: All Ayes
13D. Conduct a Study Session for the Proposed Fiscal Year 2023-2027 Capital Improvement Program
Staff: Phillip L. Nelson, Public Works Director
RECOMMENDATION
Conduct a study session regarding the proposed Capital Improvement Program for 2023-2027 and provide staff with feedback on the proposed Program.
Supplemental Packet: All Public Communications are listed and posted online.
Public Speakers: Pete Freeman, Chris Price, Helen Eloyan, Spencer Noren, and Matt Bello
Action: Council provided feedback to staff.
February 28, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
14 15. PUBLIC NOTICES
Items listed under Public Notices are a matter of public record only. These items do not require City Council action .
15A. Public Notice - Approval of Final Map for Tract No. 5883-2 This serves as Public Notice that the City Engineer is reviewing for approval the subdivision map for the project described below in accordance with Section 26.100.220 of the City of San Buenaventura Municipal Code . See Attachment A for a site location map.
Location: Phase 2 of the Westview Village Project at 995 Riverside Street
Tract 5883-2 Number:
Developer: Housinq Authority of the City of San Buenaventura Description: A subdivision consisting of one residential lot and a public park parcel
8. PUBLIC COMMUNICATIONS
Public Speaker: Trevor Gotsman
17. ADJOURNMENT
Adjourned in memory of former Ventura County Supervisor John Flynn at 9:44 p.m.
I hereby certify that this is a true and correct record of the City Council meeting held on February 28, 2022.
~ z;;;;::
Tracy J. Oehler, MMC
Interim City Clerk
February 28, 2022 Ventura City Council Minutes
www .cityofventura .ca.gov
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