CITY O F VENTURA
CITY COUNCIL MINUTES
CITY COUNCIL AGENDA
MONDAY, SEPTEMBER 26, 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
DISTRICT 2 - DOUG HALTER
DISTRICT 3 - MIKE JOHNSON
DISTRICT 4 - JEANNETTE SANCHEZ
PALACIOS
Alex D. McIntyre
City Manager
Councilmembers:
DISTRICT 5 - JIM FRIEDMAN
DISTRICT 6 - LORRIE BROWN
DISTRICT 7 - JOE SCHROEDER, DEPUTY
MAYOR
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.
Live broadcasts of City Council meetings are available on Cable TV (Channel 15) and via internet accessible video stream at https://www .cityofventura .ca.gov/718Nideos or on YouTube at https://www.YouTube.com/cityofventura/live.
To access the meeting remotely: Join the WebEx meeting live at https://cityofventura.webex.com/cityofventura/j.php?MTID=m997f79285aeab42d860cc1 d86ce3c113 To request to speak on an item, use the chat function to notify the City Clerk by including the Item Agenda Number in your comment. The City Clerk will announce public speakers and promote them to a panelist , which will allow the use of camera and microphone. To join with audio only, call (213) 306-3065 and use access code: 2552 910 3770.
Please be mindful that the meeting will be recorded , and all rules of procedure and decorum apply for in-person attendees and those participating virtually.
To submit written comments (up to 1,000 characters) for the City Council's consideration and inclusion in the public records, email [email protected] by 4:00 p.m. on the meeting date, or by using the public comment form at www.cityofventura.ca.gov/publicinput. Please include the Agenda Item Number in the subject 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 26, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
CALL TO ORDER - CLOSED SESSION: 5:00 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Sanchez-Palacios, Brown, Halter, Deputy Mayor Schroeder, Mayor Rubalcava
Johnson, Friedman
Mayor Rubalcava presiding; Councilmember Johnson present at 5:03 p.m.
PUBLIC COMMUNICATIONS
Public Speakers: Glenn Overley
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: 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)
Action: No reportable action.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Foster v. City of San Buenaventura
VCSC Case No. 56-2019-00530381-CU-PO-VTA
Authority: Government Code Section 54956. 9( d)( 1)
Action: No reportable action.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Authority: Government Code Section 54957
Action: No reportable action.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code Section 54957
Action: No reportable action.
ADJOURNMENT: 5:48 p.m.
September 26, 2022 Ventura City Council Agenda
www.cityofventura.ca.gov
CALL TO ORDER - REGULAR SESSION: 6:08 p.m.
ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, Mayor Rubalcava
Absent: None
Mayor Rubalcava presiding
PLEDGE OF ALLEGIANCE: Mayor Rubalcava
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Ventura Tree Alliance
CLOSED SESSION REPORT: City Attorney Andy Heglund reported that there was no reportable action taken.
CITY COUNCIL COMMUNICATIONS
Mayor Rubalcava
• Provided an update on the State of the City and announced that there would be a presentation at the October 10 Council meeting.
Councilmember Johnson
• Tues 10/11, 6:30pm: Community chat at Snapper Jack's. • Sat 10/15, 1 0am: Saturday Cleanup at Carl's Jr on Victoria. • Wed 10/26, 6:30pm: Community chat at Rincon Brewery.
• October Book Club: date and (short book) TBD.
Councilmember Brown
• Provided a GPAC meeting recap and encouraged all to stay involved and welcomes all opinions.
• Reported out on the Economic development committee and the work they're doing for strategic planning with economic vision options for the future. • Announced that she was appointed to the Racial and Climate Equity committee of the Southern California Association of Governments (SCAG) subcommittee. • Attended the Montalvo Council's event with a grant mural dedication.
September 26, 2022 Ventura City Council Agenda
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Councilmember Halter
• Expressed how important it is to receive community input on economic development moving forward and shared the strategic planning process is similar to the GPAC process and encouraged participation.
• Congratulated the Mayor on her last State of the City address and shared that he was disappointed to miss it.
• Announced the Pier Under the Starts event which will raise funds to help preserve the pier.
CITY MANAGER COMMUNICATIONS
City Manager Alex McIntyre shared the following update:
• General Plan: Land Use Alternatives Survey: Survey open through late October. • Virtual office hours: Tuesday, September 27 from 6 - 8:30 PM. • Get involved: www.PlanVentura.com. For questions, send an email to City staff at [email protected].
• Spanish Interpretation Services: No advance notice or request needed. 6-month pilot program offered through the end of February 2023. • October 10, 2022: Mayor's State of the City presentation, Resolution about STVRs, Historic Context Survey, Mobile Home Survey.
CONSENT ITEMS
Action: M/S/C (Friedman/Schroeder) to approve the Consent Items in one motion as presented.
Vote:
1. All Ayes
Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
Action: No Speakers. Approved recommendation.
September 26, 2022 Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
2. Ordinance for Second Reading - an Ordinance of the City Council of the City of San Buenaventura, California, Repealing Ordinance No. 2020-013, which Temporarily Permitted the use of Recreational Vehicles on Private Property in Residential Zones as Housing Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Waive the second reading in full and adopt the Ordinance of the Council of the City of San Buenaventura, California, Repealing Ordinance No. 2020- 013, which Temporarily Permitted the use of Recreational Vehicles on Private Property in Residential Zones as Housing for Quarantined Persons as a Result of Covid-19.
Action: No Speakers. Approved recommendation . Ordinance No. 2022-012.
3. Fiscal Year 2023 Master Fee Schedule Revision
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
Authorize the Mayor to approve the revision of page 19 of FY 2023 Master Fee Schedule - "Construction Permit Fees - State Mandated Services & Fees" to reflect accurate fee amounts.
Action: No Speakers. Approved recommendation .
4. Professional Services Agreement: Michael Baker International, Inc. for On-Call Environmental, Historic Resources, and Planning Consulting Services
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
a. Authorize the Mayor to enter into a Professional Services Agreement with Michael Baker International, Inc. to conduct on-call environmental, historic, and planning services and to approve a not-to-exceed amount of $600,000 .
September 26, 2022 Ventura City Council Agenda
www.cityofventura .ca.gov
CONSENT ITEMS (CONTINUED)
5. b. Authorize the Finance Department to increase appropriations in the appropriate fiscal year upon receipt of developer/applicant deposits which are required prior to the start of any work related to the Professional Services Agreements.
Action: No Speakers. Approved recommendation. Agreement No. 2022-052.
Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records
Staff: Michael Coon, Chief Financial Officer
RECOMMENDATION
a. Rescind Resolution 2022-060 titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING THE EXAMINATION
OF TRANSACTIONS (SALES) AND USE TAX RECORDS"
b. Adopt a new Resolution authorizing HdL Companies to examine on behalf of the City, transaction (sales) and use tax records held by the California Department of Tax and Fee Administration, Resolution titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING THE EXAMINATION
OF TRANSACTIONS (SALES) AND USE TAX RECORDS"
Action: No Speakers. Approved recommendation. Resolution No. 2022-071, 2022-072.
6. Delegate to the Public Works Director the Authority to Execute 62 Three-Year On Call Professional Services Agreements
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Delegate to the Public Works Director the authority to execute the previously approved three-year on call professional services agreements.
Action:
September 26, 2022
No Speakers. Approved recommendation.
Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
7. Professional Services Agreement 2017-063 Amendment 2: Task Order 11 with Rincon Consultants for Ventura Keys Maintenance Dredging Permit Services
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute Amendment 2 to Task Order 11 of Professional Services Agreement 2017-063 with Rincon Consultants, Inc. in the amount of $10,148 for a new contract total of $76,018.
Action: No Speakers. Approved recommendation. Agreement No. 2017-063 Task Order 11.2
8. Consideration of Approval of the Purchase of Fire Station Alert System Equipment with US Digital Designs and the Consideration of Approval of a Job Order Contract with MTM Construction
Incorporated to Install the Equipment
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Authorize the Mayor to execute a purchase order not to exceed $412,675, including applicable taxes and contingency of $37,547; to US Digital Designs for the purchase of Fire Stations Fire Alarm Alerting System equipment per the National Purchasing Partners (NPPGov), a national cooperative procurement organization offering publicly solicited contracts to government entities nationwide.
b. Authorize the City Manager to execute an amendment or change order to US Digital Designs' purchase order up to a not to exceed contingency amount of $37,547 pursuant to Section 4.600.200 of the Municipal Code.
c. Authorize the Mayor to execute a task order to MTM Construction, Inc. for a not to exceed amount of $544,000 per Job Order Contract number 2021-078.
d. Authorized the City Manager to execute an amendment or change order to MTM Construction, lnc.'s purchase order up to a not to exceed contingency amount of $81,875 pursuant to Section 4.600.190 and
4.600.200 of the Municipal Code.
September 26, 2022 Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
9. e. Authorize an Increase to Fiscal Year 2022 - 2023 budget and CIP appropriations in the amount of $600,000 from the City Investment Plan Fund 01 General Fund and transfer to Fund 04 General CIP and authorize the Finance Department to assign increased budget appropriations and revenues to the proper, fund, project, and accounts for the purchase and installation of the fire alerting system.
Action: No Speakers. Approved recommendation.
Professional Services Agreement PW23-1073 First Amendment:
Dixon Resources Unlimited for Parking Coordinator Services Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute the First Amendment to Professional Services Agreement PW23-1073 with Dixon Resources Unlimited in the amount $63,725 for a new contract total of $114,705 and a contract completion date of February 28, 2023.
Action: No Speakers. Approved recommendation . Agreement No.
PW23-1073.1
10. Consideration of Accepting a Grant Modifying the Capital Improvement Program and Approving a Professional Services Agreement for Proiect 91157- Ventura River Trail Improvements Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Amend the Fiscal Year 2023-2027 Capital Improvement Program and add Ventura River Trail Improvements Workplan, Project 91157. b. Approve Clean California Grant funds in the amount of $4,999,188. c. Approve and authorize the Mayor to execute a Resolution accepting a grant from California Department of Transportation.
d. Approve and authorize the Mayor to execute a Professional Services Agreement with Pacific Coast Land Design, Inc. for the Ventura River Trail Improvements in the amount of $499,658 with a contract completion date of June 30, 2024.
September 26, 2022 Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
e. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $29,635 for a total not to exceed Agreement amount of $529,293 and a total time extension of 180 calendar days.
f. Authorize an increase in CIP appropriations in Fund 02, Grant Fund in the amount of $4,999,188 with a budget amount of $585,000 in FY22- 23 and authorize the Chief Financial Officer to assign increased budget appropriations and revenues to the proper projects and accounts.
Action: No Speakers. Approved recommendation. Resolution No. 2022-073; Agreement No. PW21-1081.
11. Consideration of Reimbursement Agreement Between the Ventura Unified School District and the City of Ventura Regarding Crossing Guards for Fiscal Year 2023
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager to execute the reimbursement agreement between the Ventura Unified School District and the City of Ventura regarding crossing guards for Fiscal Year 2023 in the amount of $86,740.
Action: No Speakers. Approved recommendation . Agreement No. 2022-053
12. Approve Appointment and Reaooointment Recommendations - Measure O Citizens Oversight Committee and Housing Authority Board
Introduced by: Councilmember Jeannette Sanchez-Palacios
RECOMMENDATION
a. Approve the appointments of Andrew Conli, Michael Marostica, and Kathy Bailey to the Measure O Citizens Oversight Committee for a term ending on June 30, 2026.
b. Approve the reappointment of Karol Schulkin to the Housing Authority Board for a term ending on October 15, 2026.
Public Speakers: Monica Gray
Action: Approved recommendation.
September 26, 2022 Ventura City Council Agenda
www.cityofventura .ca.gov
PUBLIC HEARING ITEMS: Staff shall introduce the public hearing item and present their report to Council. Council members may ask questions of staff if they desire. Any member of the public may speak or present evidence, after submitting a speaker card and being recognized by the Mayor. All rules of decorum apply during Public Hearings . Each member of the Council shall verbally disclose all ex parte communications concerning the subject of the hearing .
13. Mills Act Contract for Historic Landmark No. 50 - Bert Shaw House (Continued to October 10, 2022)
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
a. Conduct a Public Hearing.
b. Adopt a Resolution approving a Mills Act contract for Historic Landmark No. 50 "Bert Shaw House" located at 1141 Poli Street, (PROJ-15133).
Action:
Vote:
M/S/C (Sanchez-Palacios/ Friedman) to continue the item to October 10, 2022.
Ayes: Sanchez-Palacios, Brown, Johnson, Friedman, Deputy Mayor Schroeder, mayor Rubalcava; Noes: None; Abstain:
None; Absent: None
Councilmember Halter recused due to proximity to his residence.
FORMAL ITEMS
City Council recess 7:59 p.m. - 8:15 p.m.
14. Consideration of Addendum to the Final Environmental Impact Report for the VenturaWaterPure Program
Staff: Alex D. McIntyre, City Manager
RECOMMENDATION
Adopt a Resolution certifying that City Council has reviewed and considered information contained in the Addendum and adopting the Addendum to the Certified Final Environmental Impact Report (EIR-9-19-52130, SCH 2017111004) for the Ventura Water Supply Projects, including the VenturaWaterPure Program. Resolution titled:
September 26, 2022 Ventura City Council Agenda
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FORMAL ITEMS (CONTINUED)
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPTING ADDENDUM TO THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT PREPARED
FOR THE VENTURA WATER SUPPLY PROJECTS, INCLUDING THE
VENTURAWATERPURE PROGRAM"
Supplemental Packet: Communications posted online.
Public Speakers: Jon Oliver, Jerry Cranham, David Pies
Action: No speakers. M/S/C (Friedman/Brown) to
approve the staff recommendation.
Vote: All Ayes.
15. POLICY CONSIDERATION - Financial Policy Review
Introduced by: Councilmember Lorrie Brown
Mayor Sofia Rubalcava
RECOMMENDATION
a. Review City's administrative policies, "Guidelines for City Expenditures Related to Employee Events and Meetings" (APP No. 12.17), "Authorization and Allowances for Travel and Meeting Expenses" (APP No. 14.9), and "City Credit Card Program" (APP No. 18.7). b. Receive response from the Finance Department regarding City expenditures, specific to recent travel and credit card use by city management.
c. Receive draft updates to "Authorization and Allowances for Travel and Meeting Expenses" (APP No. 18. 7) and provide comment on administrative policy.
Supplemental Packet: Supplemental material received by Finance Department.
Public Speakers: John Caravello , Liz Campos, Spencer Noren, Matthew Bello, Patty Overley, Glenn Overley
Action: Reviewed policies and received an update from
Chief Financial Officer Michael Coon.
September 26, 2022 Ventura City Council Agenda
www .cityofventura .ca.gov
FORMAL ITEMS (CONTINUED)
16. POLICY CONSIDERATION - Forensic Audit
Introduced by: Councilmember Mike Johnson
Councilmember Jeannette Sanchez-Palacios
Councilmember Doug Halter
RECOMMENDATION
Direct staff to hire an independent auditing firm to conduct a City-wide audit of (1) meal and travel expenses, (2) the use of city credit cards and reimbursements, and (3) the refurbishment and redecoration of City facilities, for the last 3 years. The audit should evaluate compliance with the City's Administrative Policies & Procedures, Generally Accepted Accounting Principles, and state/federal law. Expenses claimed by City Councilmembers should also be included in the audit.
Supplemental Packet: Communications posted online.
Public Speakers: Helen Eloyan, Liz campos, Shawn Terris, Matthew Bello, Spencer Noren, Patty Overley,
Glenn Overley, Trevor Gotsman, Johnathan
Puu
Action:
Vote:
Action:
Vote:
September 26, 2022
M/S/C (Johnson/Halter) to direct staff to hire an
independent auditing firm to conduct a City-wide
audit of ( 1) meal and travel expenses, (2) a
sampling of the use of City credit cards and
reimbursements, and (3) a separate
management report on the refurbishment and
redecoration of City facilities for the last 3 years.
To direct the City Manager to cooperate with the
Finance, Audit, and Budget (FAB) committee
and to have FAB manage the process, execute
an RFP, and to return to the full Council within
60 days at a special meeting with options and
recommendations.
All Ayes
M/S/C (Brown/Sanchez-Palacios) to extend the
meeting beyond 11 p.m. per the Council protocols.
All Ayes
Ventura City Council Agenda
www.cityofventura .ca.gov
FORMAL ITEMS (CONTINUED)
Action:
Vote:
M/S/C (Rubalcava/Schroeder) to hear a new item after 10 p.m. per the Council protocols.
Ayes: Sanchez-Palacios, Friedman, Deputy Mayor
Schroeder, Mayor Schroeder; Noes: Brown, Johnson;
Abstain: None; Absent: Halter
17. Consideration of a Grant of Quitclaim Deed to the Owners of the Hawaiian Village Apartments at 998 Church Street (Continued from September 12, 2022)
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 an affirmative vote of five members of the Council) Supplemental Packet: Communications posted online.
Public Speaker: George Amandola (ceded time by Lorie
Dennis), Ed DeVicente, (ceded time by Nik
Gibson, Jessica Kaine), Spencer Noren
Action: M/S/C (Friedman/Schroeder) to approve the staff recommendation.
Vote: Ayes: Sanchez-Palacios, Brown, Friedman,
Deputy Mayor Schroeder, Mayor Rubalcava;
Noes: Johnson; Abstain: None; Absent: None
Councilmember halter recused due to proximity of his residence.
PUBLIC COMMUNICATIONS
Public Speakers: Terrence Foley, Spencer Noren, Trevor Gotsman, Johnathan Puu
September 26, 2022 Ventura City Council Agenda
www.cityofventura .ca.gov
ADJOURNMENT
Adjourned at 12:12 a.m.
I hereby certify that this is a true and correct record of the City Council meeting held on September 26, 2022.
NLv ~LwD l\u uf'Md
Michael B. MacDonald, CMC
City Clerk
September 26, 2022 Ventura City Council Agenda
www.cityofventura .ca.gov