September 12, 2022 Ventura City Council Agenda 1
www.cityofventura.ca.gov
MONDAY, SEPTEMBER 12, 2022
CLOSED SESSION – 5:00 P.M.
REGULAR MEETING - 6:00 P.M.
CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001
SOFIA RUBALCAVA, MAYOR
Councilmembers:
DISTRICT 2 – DOUG HALTER DISTRICT 5 – JIM FRIEDMAN
DISTRICT 3 – MIKE JOHNSON DISTRICT 6 – LORRIE BROWN
DISTRICT 4 – JEANNETTE SANCHEZ-
PALACIOS
DISTRICT 7 – JOE SCHROEDER, DEPUTY
MAYOR
Alex D. McIntyre
City Manager
Andrew Heglund
City Attorney
Michael B. MacDonald
City Clerk
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN- PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.
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This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Michael B. MacDonald, City Clerk, (805) 654-4787. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. Any items outstanding at that time will be deferred until the next regularly scheduled meeting.
September 12, 2022 Ventura City Council Agenda 2
www.cityofventura.ca.gov
CALL TO ORDER – CLOSED SESSION – 5:00 p.m.
ROLL CALL
PUBLIC COMMUNICATIONS:
Public comments on Closed Session Items only.
CLOSED SESSION:
Teleconference/Video Conference Meeting. The Public may not participate in the Closed Session, other than for Public Comments.
1. CONFERENCE WITH LABOR NEGOTIATORS
City Negotiators: Alex D. McIntyre, City Manager and Danielle Keyes, Human Resources Director
Employee Organizations:
a. Ventura Police Management Association (VPMA)
b. Ventura Police Officers’ Association (VPOA)
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Santa Barbara Channelkeeper v. State Water Resources Board and City of San Buenaventura
Los Angeles Superior Court Case No.: 19STCP01176
(previously San Francisco Superior Court Case No.: CPF-14-513875) Authority: Government Code Section 54956.9(d)(1)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: City of San Buenaventura v. United Water Conservation District, et al.
Santa Barbara County Superior Court Case No. 19CV06168, pending before the Court of Appeal of the State of California, Second Appellate District, Division 6, Court of Appeal No. B312471.
Authority: Government Code Section 54956.9(d)(1)
ADJOURNMENT: Adjourn to Regular Meeting.
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CALL TO ORDER – REGULAR SESSION – 6:00 p.m.: The regular meetings of the San Buenaventura (Ventura) City Council also serve as regular meetings of the Successor Agency and Public Facilities Financing Authority when Successor Agency and Public Facilities Financing Authority items are listed on the agenda.
ROLL CALL
PLEDGE OF ALLEGIANCE
September 12, 2022 Ventura City Council Agenda 3
www.cityofventura.ca.gov
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Pier Into the Future Recognition
CLOSED SESSION REPORT
CITY COUNCIL COMMUNICATIONS: Per Government Code Section 54954.2(a)(2), the Council Communications section of the agenda provides City Council the opportunity to ask a question for clarification, make a brief announcement, or make a brief report on their own activities.
CITY MANAGER COMMUNICATIONS
PUBLIC COMMUNICATIONS: Per the City Council Protocols, Council will allocate 30 minutes, at their first regular meeting of the month, for members of the public to comment on Non- Agenda matters.
Speakers will be limited to three minutes on any agenda item with a cumulative of five minutes for all agenda items. Per the City Council Protocols, sp eakers may not cede their time to another speaker. If there are more than ten (10) Public Communications speakers at this first regular City Council meeting, each speaker's time shall be reduced from three (3) minutes so that all speakers have an equal time to speak at the start of the meeting, with the total time allocated at thirty (30) minutes. City Council cannot act on any items not on the agenda. The remainder of speakers wishing to address the Council will be heard at the end of the agenda.
CONSENT ITEMS: Matters appearing on the Consent Items are expected to be non-controversial and will be acted upon by City Council at one time without discussion unless a Councilmember, City Staff, or a member of the public requests an opportunity to address an item. Items removed from the Consent Calendar will be discussed at the beginning of the Formal Items. Approval by the City Council of Consent Items means the recommendation of Staff is approved along with the terms and conditions described in the Administrative Report.
1. Move that all resolutions and ordinances presented tonight be deemed read by title only and all further reading be waived.
2. Ventura County Multi-Jurisdictional Hazard Mitigation Plan 2022
Staff: Alex D. McIntyre, City Manager
RECOMMENDATION
Adopt a Resolution accepting the City of San Buenaventura section of the Ventura County Multi -Jurisdictional Hazard Mitigation Plan, consisting of Volume 1 in its entirety and the following parts of Volume 2: Introduction; and Part 11 of the City of San Buenaventura Annex.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 4
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3. Grant Application for Main Street Move Bollards
Staff: Alex D. McIntyre, City Manager
RECOMMENDATION
a. Authorize the City Manager or designee to execute all agreements necessary to apply for the Safe Streets and Roads For All grant opportunity for up to $6,000,000.
b. Authorize the City Manager or designee to act as agent for the City to conduct negotiati
ons, execute and submit all documents,
including, without limitation, applications, agreements, amendments, and billing statements that may be necessary to accept these funds and complete projects under these funds.
c. Pending award of the Safe Streets and Roads for All Grant, authorize the Finance Department to amend increased appropriations and revenues to the proper programs and accounts for their use as provided in the grant.
d. Approve the use of $1,200,000 from the One-Time Investment Plan towards 20% City Funds matching grant for the bollards project within the Main Street Moves program, if the grant is awarded.
4. Repeal of Emergency Ordinance Permitting the Use of Recrea tional Vehicles on Private Property in Residential Zones as Housing for Quarantined Persons as a Result of COVID -19 and Repeal of Emergency Resolution Charging for Parking at the Marina Park and Harbor Parking Structure During State of Emergency
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Determine that the adoption of the Ordinance and Resolution are each exempt under Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "State CEQA Guidelines") in that the adoption does not present a potential for causing an advers e change in any of the physical conditions of the area.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 5
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b. Introduce and approve the first reading of the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, REPEALING ORDINANCE NO. 2020 - 013, WHI CH TEMPORARILY PERMITTED THE USE OF
RECREATIONAL VEHICLES ON PRIVATE PROPERTY IN RESIDENTIAL
ZONES AS HOUSING FOR QUARANTINED PERSONS AS A RESULT
OF COVID-19
c. Set the Ordinance for second reading and adoption at the next regular City Council meeting.
d. Adopt the Resolution, title as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, REPEALING RESOLUTION NO. 2020 - 040, WHICH TEMPORARILY ESTABLISHED A PARKING FEE AT THE
CITY PARKING FACILITY AT MARINA PAR
K AND MODIFIED THE
METHOD OF CHARGING FOR PARKING AT THE HARBOR PARKING
STRUCTURE
5. Request for Authorization to Amend Outside Counsel Services – Best, Best & Krieger for On Call Services
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Authorize the City Attorney to amend the legal services agreement with Best, Best and Krieger, LLP to increase the compensation to an amount not to exceed $475,000 (increase of $300,000).
b. Authorize the Finance Department to increase appropriations in the General Fund by $20 0,000 to support to City’s legal efforts regarding the Southern California Gas rate case.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 6
www.cityofventura.ca.gov
6. Consideration of a Resolution Reconfirming the Findings to Allow City Council and all of its Subordinate Bodies to Meet Remotely Pursuant Assembly Bill 361
Staff: Michael B. MacDonald, 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 FI NDINGS IN
SUPPORT OF 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)”
7. Approval of City Council Minutes – Regular Meetings held on March 21, 2022, March 28, 2022, April 11, 2022, and July 11, 2022 and Special Meetings held on March 7, 2022 and March 8, 2022
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on March 21, 2022, March 28, 2022, April 11, 2022, and July 11, 2022 and the Special Meetings held on March 7, 2022 and March 8, 2022.
8. Approve Appointment and Reappointment Recommendations – Parks & Recreation Commission, Mobile Home Rent Review Board, Historic Preservation Committee, and Water Commission
Introduced by: Councilmember Jeannette Sanchez-Palacios
RECOMMENDATION
a. Approve the following appointments to the Parks & Recreation Commission: Sandra Tovar for a term ending June 30, 2023; Donald Wood and Tanner Shelton for a term ending on June 30, 2026.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 7
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b. Approve the following appointments to the Mobile Home Rent Review Board: Burt Auerbach for a term ending on June 30, 2026, and of Samuel Carr for a term ending on June 30, 2024.
c. Approve the following app ointments to the Historic Preservation Committee: Torey Rubrecht to fulfill the professional requirement for a term ending on June 20, 2023, and Kaycee Krieg Wysaski for a term ending on June 30, 2024.
d. Approve the appointment of Robert Eranio to the Water Commission for a term ending on June 30, 2023.
9. Community Development Contract Updates for Inspection Services and Document Scanning Services
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
a. Authorize the Mayor to execute the First Amendment to Professional Services Agreement number 2022-101 with CSG Consultants, Inc. adding FY 2023 funds of $125,000 for a new not-to-exceed amount of $185,000 to cover the cost of services through June 30, 2023.
b. Authorize the Mayor to execute the First Amendment to General Services Agreement number P2019- 017 with URM Technologies, Inc., extending the term of the Agreement from April 22, 2019 to June 30, 2023.
10. Adoption of Revised Salary Resolution for Unrepresented Employees
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Adopt a revised Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Certain Paid Officers and Employees of the City (Salary Resolution) as of September 12, 2022.
Resolution titled:
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF POSITIONS AND A STANDARDIZATION OF SALARIES FOR
CERTAIN PAID OFFICERS AND EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF SEPTEMBER 12, 2022.”
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 8
www.cityofventura.ca.gov
11. Approve Memorandum of Understanding Between the City and Ventura Maintenance Employees’ A ssociation; and Adopt a Revised Salary Resolution for Maintenance Unit Employees
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
a. Approve and authorize the City Manager to execute on behalf of the City the Memorandum of Understanding bet ween the City and the Ventura Maintenance Employees’ Association.
b. Adopt a revised Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries for Maintenance Unit Employees for the City (Salary Resolution
) to reflect salary
increases proposed herein for the Ventura Maintenance Employees’ Association, effective September 17, 2022. Resolution titled:
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF P
OSITIONS AND A STANDARDIZATION OF SALARIES OF
MAINTENANCE UNIT EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF SEPTEMBER 17, 2022.”
c. Authorize the Finance Department to increase General Fund appropriation by $48,162 from the City Investment Plan to support the balance of the off -schedule, lump sum payments referenced in the Key Proposed Components below.
12. Enterprise Agreement with Microsoft to Provide the City’s Workforce with Critical Microsoft Products
Staff: Mitchell Cameron, Chief Technology Officer
RECOMMENDATION
a. Approve payment in the amount of $224,877.27 to CDW-G, over the next three years, for the City’s new Microsoft Enterprise Agreement for a not-to-exceed amount of $674,631.81.
b. Authorize the City Manager or designee, to execute modifications to the agreement, with expenditures not -to-exceed an additional $101,195 for a total cost of $775,826.81 including contingencies.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 9
www.cityofventura.ca.gov
13. Enterprise Agreement with Environmental Systems Research Institute, Inc. to Provide Geographic Information Systems Services
Staff: Mitchell Cameron, Chief Technology Officer
RECOMMENDATION
a. Authorize the Mayor to execute the ESRI Enterprise Agreement for a total of three years for a not -to-
exceed amount of $515,435,
including a contingency of $46,885.
b. Authorize the City Manager or designee, to execute modifications to the agreement, with expenditures not-to-exceed the contingency of $46,885.
14. California Energy Commission Grant Application for Automated Permit Processing
Staff: Mitchell Cameron, Chief Technology Officer
RECOMMENDATION
a. Authorize the Chief Technology Officer or designee, to execute all documentation necessary to apply for the California Automated Permit Processing Program.
b. Authorize the City Manager or designee, to execute any agreements and accept funds awarded through the California Automated Permit Processing Program.
15. Professional Services Agreement PW23 -1076: Michael K. Nunley & Associates Inc. for Design Services on Project Number 97896, Golf Course Booster Pump Station and Wells Upgrade
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute an Agreement with Michael K. Nunley & Associates Inc. in the amount of $229,153 with a contract completion date of July 31, 2023.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 10
www.cityofventura.ca.gov
b. Authorize the Public Works Director or designee to execute future amendments to su bject Agreement up to a total maximum
contingency of $23,000 for a total not to exceed Agreement amount of $252,153 and a total time extension of 150 calendar days.
c. Authorize an increase to budget appropriations in the Fiscal Year 2023 in the amount of $200,751 from Fund 72 - Water CIP Appropriations and authorize the Chief Financial Officer to assign increased budget appropriation and revenues to the proper projects and accounts.
16. Consideration of Approval of Agreement for Recreational Use of Watershed Protection District Rights- of-Way by City of San Buenaventura
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Authorize the City Manager or designee to execute Agreement for Recreational Use of Watershed Protection District Rights-of-Way by City of San Buenaventura.
17. Professional Services Agreement PW23-1072: Noble Consultants Inc. for Design Services on Pier Fire Line Repair, Project 62414
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute subject Agreement with Noble Consultants Inc. in the amount of $65,000 with a contract completion date of June 30, 2023.
b. Authorize the Public Works Director or designee to execute future amendment
s to subject Agreement up to a total maximum
contingency of $6,500 for a total not to exceed Agreement amount of $71,500 and a total time extension of 140 calendar days.
c. Authorize the Finance Department to increase budgeted appropriations by $240,000 from the Facilities Maintenance (Fund 65) Fund Balance to support this contract and future costs associated with the Pier repairs.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 11
www.cityofventura.ca.gov
18. Professional Services Agreement PW23 -1069: Noble Consultants Incorporated for Design Services on the Promenade Repair Improvement Project 90100
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute subject Agreement with Noble Consultants Incorporated in the amount of $168,502 with a contract completion date of July 31, 2023.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum
contingency of $17,000 for a total not to exceed Agreement amount of $185,502 and a total time extension of 150 calendar days.
19. Professional Services Agreement No. C19 -2996 Fourth Amendment:
RRM Design Group for Design and Permitting Coordination Services on Project 91019 – Olivas Park Drive Roadway Extension and Levee
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute the fourth amendment to Professional Services Agreement No. C19-
2996 with RRM
Design Group in the amount of $10,000 for a new contract not -to- exceed total of $69,500 and a contract completion date of June 30, 2023.
b. Authorize the Public Works Director or designee to execute f uture amendments to subject agreement up to a total time extension of 180 calendar days.
20. Grant of Easements to Southern California Edison Company for the Parklands Project - Tract 5632-3
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager to execute the Grant of Easements to the Southern California Edison Company.
CONSENT ITEMS (CONTINUED)
September 12, 2022 Ventura City Council Agenda 12
www.cityofventura.ca.gov
21. Consideration of a Grant of Quitclaim Deed to the Owners of the Hawaiian Village Apartments at 998 Church Street
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Adopt a Resolution declaring the City property (APN 072- 0-116-300) to be “exempt surplus land”, transfer the property to the adjacent property owner and authorize the City Manager to execute the Quitclaim Deed. (This action requires a two-thirds vote of the City Council.)
22. Blanket Purchase Order with Solenis, LLC for Polymer Supply
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. City Council approve a Blanket Purchase Order with Solenis, LLC for the supply of polymer for use in the wastewater process for total- not-to exceed amount of $650,000.
b. Authorize the Mayor to approve four additional one- year terms for Blanket Purchase Orders with Solenis, LLC if the option to extend is exercised, for total -not-to exceed amount of $3,968,315, subject to the appropriation of funds, pursuant to Section 4.600.200 of the Municipal Code.
23. Grand Jury Response – Cybersecurity of Water Providers in Ventura County
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Ventura Water staff is recommending the Mayor and the City Council review and receive the Grand Jury Response Report.
September 12, 2022 Ventura City Council Agenda 13
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FORMAL ITEMS
24. Equity Considerations in Staff Reports
Staff: Alex D. McIntyre, City Manager
RECOMMENDATION
Consider an extension of the implementation of including equity items in staff reports to perform an organizational equity audit, and develop the appropriate training and tools needed for an equity impact analysis.
25. Spanish Language Interpretation at City Council Meetings
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
a. Consider moving forward with a six-month pilot program for offering Spanish interpretation services at City Council meeting.
b. At the conclusion of the six months, return to Council with an evaluation of the pilot program and discuss implementing a permanent program.
26. Fiscal Year 2023 City Council Requested Budget Amendments
Staff: Michael Coon, Chief Financial Officer
RECOMMENDATION
a. Amend the F iscal Year 2023 Budget to add one Police Officer position to the Patrol Task Force and reduce one Criminal Investigative Technician position.
b. Allocate $1.6 million in funding from United States Department of Housing HOME -ARP program to support permeant & supportive housing.
c. If desirable, amend the F iscal Year 2023 B udget by $75,000 for additional homeless services.
PUBLIC COMMUNICATIONS CONTINUED
Sept
ember 12, 2022 Ventura City Council Agenda 14
www.cityofventura.ca.gov
ADJOURNMENT
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public
record. If you do not want your e-mail address
or any other contact information to be made public, you may deliver communications via U.S.
Postal Service to the City Clerk’s Office at 501 Poli Street, Room 204, Ventura, CA 93001. If you do not want your contact information included in the public record, please do not include that information in your communic
ation. Please contac t the City Clerk Department for further information.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk’s Office at (805) 658-4787 or the California Relay Service at (866) 735- 2929. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Administrativ e Reports relati ng t o this agend a ar e availabl e on t he City’s websit e – https://www.cityofventura.ca.gov/AgendaCenter.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Thursday, September 8, 2022, at 12:30 p.m. in the City Clerk’s Office, on the City Hall Public Notices Board and on the internet.
Mi
chael B. MacDonald, CMC
City Clerk