November 14, 2022 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
REVISED AGENDA ADDED CLOSED SESSION ITEM 1 AND 2
MONDAY, NOVEMBER 14, 2022
REVISED ON NOVEMBER 11, 2022
CLOSED SESSION – 4:30 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.
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/718/Videos 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=mb229bb3e1ca15828f9c07f236e3d2b53 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: 2555 745 5084 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 th e 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 t ake 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 1 November 14, 2022 Ventura City Council Agenda
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CALL TO ORDER – CLOSED SESSION – 4:30 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. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Authority: Government Code 54957(b)(1); 54954.5(e)
2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION One Case
Authority: Government Code section 54956.9(d)(2)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code 54957
ADJOURNMENT: Adjourn to Regular Meeting.
___________________________________________________________________
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 Fi nancing Authority items are listed on the agenda.
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• E.J. Harrison Anniversary 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
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PUBLIC COMMUNICATIONS : In compliance with Government Code Section 54954.3, Public Communications is that portion of Council meetings set aside for members of the public to address City Council on items of any City business other than scheduled agenda items. Comments are limited to items within the subject matter jurisdiction of the City and are limited to no more than three (3) minutes. Per the City Council Protocols, speakers may not cede their time to another speaker. If there are more than ten (10) Public Communications speakers, each speaker's time shall be reduced from three (3) minutes so that all speakers have an equal time to speak. City Council cannot act on any items not on 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 all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
2. Approval of City Council Minutes – Regular Meetings held on April 12, 2021, April 2 6, 2021, May 10, 2021, and May 17, 2021, and Special Meetings held on April 21, 2021 and May 3, 2021
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on April 12, 2021, April 26, 2021, May 10, 2021, and May 17, 2021, and Special Meetings held on April 21, 2021 and May 3, 2021.
3. Consideration of a Resolution of the City Council of the City of San Buenaventura, California, Proclaiming the Continued Existence of a Local Emergency and Extending it Until January 13, 2023
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Adopt the Resolution, title as follows:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, PROCLAIMING THE CONTINUED
EXISTENCE OF A LOCAL EMERGENCY AND EXTENDING IT UNTIL
JANUARY 13, 2023”
3 CONSENT ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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4. Amendment to the Casa De Anza Grant and Loan Agreement (#98-22) for the Rehabilitation of the Casa De Anza Building at 606 North Ventura Avenue
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
Authorize the City Manager, or his designee, to execute an amendment to the existing Casa De Anza Grant and Loan Agreement (#98-22).
5. Consideration of Agreement with Eide Bailly, LLP, to Conduct an Audit of Expenses Related to Meals, Travel, Credit Cards, and Reimbursements
Staff: Michael Coon, Chief Financial Officer
RECOMMENDATION
Approve and authorize the Mayor to execute an agreement with Eide Bailly, LLP, to conduct an audit of expenses related to meals, travel, credit cards, and reimbursements in a not to exceed amount of $60,000.
6. Adoption of Revised Salary Resolution Approving Salary Range Updates for Maintenance (A Unit) Classification
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Adopt a Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Maintenance Unit Employees of the City of San Buenaventura as of November 12, 2022.
7. Professional Services Agreement 2022-021 First Amendment - Public Safety and Economic Growth
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Approve and authorize the Mayor to execute the First Amendment to the Professional Services Agreement with PubSEG, for an additional amount of $25,000, for a total not to exceed $175,000.
4 CONSENT ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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8. Approve Memoranda of Understanding Between the City and Ventura Police Officers’ Association, and Ventura Police Management Association; and Adopt Revised Salary Resolutions for Police and Police Management 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 between the City and the Ventura Police Officers’ Association.
b. Approve and authorize the City Manager to execute on behalf of the City the Memorandum of Understanding between the City and the Ventura Police Management Association.
c. Adopt a revised Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries for Police Unit Employees for the City (Salary Resolution) to reflect salary increases proposed herein for the Ventura Police Officers’ Association, effective November 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 OF POLICE UNIT EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF NOVEMBER 12, 2022”
d. Adopt a revised Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries for Police Management Employees for the City (Salary Resolution) to reflect salary increases proposed herein for the Ventura Police Management Association, effective November 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 OF POLICE MANAGEMENT EMPLOYEES OF THE CITY
OF SAN BUENAVENTURA AS OF NOVEMBER 12, 2022”
e. Authorize the Finance Department to increase General Fund appropriation by $424,642 from the City Investment Plan to support the balance of the off-schedule, lump sum payments referenced in the Key Proposed Components below.
5 CONSENT ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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9. Authorization to Apply for Grant Funding for the Surfer’s Point Managed Retreat - Phase 2 Project
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Authorize the City Manager or designee to apply for and accept grant funds from the State Coastal Conservancy for the Surfer’s Point Managed Retreat - Phase 2 Project.
b. Authorize the City Manager, or designee, to act as agent for the City to conduct all negotiations and execute and submit all documents, including, without limitation, applications, agreements, amendments, and billing statements that may be necessary to accept the grant and complete the project.
c. Upon receipt of the full grant award, authorize the Finance Department to increase General Grant and Categorical Fund appropriations and revenues in the appropriate fiscal year and project(s) and account(s) for use as provided in the grant.
10. Professional Services Agreement with Kruger, Benson, Ziemer Architects, Inc. for the Design of Fire Station 5 Egress
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager to execute subject Agreement with Kruger Benson Ziemer Architects, Inc. in the amount of $95,000 with a contract completion date of December 31, 2024.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $9,500 for a total not to exceed Agreement amount of $104,500 and a total time extension of 180 calendar days.
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PUBLIC HEARING ITEMS : Staff shall introduce the public hearing item and present their report to Council. Councilmembers 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.
11. Appeal of the Planning Commission’s Denial of the 88-unit Front and Kalorama Project (PROJ 14570). Case Nos. APL-11-22-62227, DRC-6- 20-55312 and CDP-6-20-55370
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
a. Determine that the Infill Development Projects – Class 32 exemption of the California Environmental Quality Act (CEQA) Guidelines applies to the project.
b. Adopt a Resolution overturning the Planning Commission’s decision and approving the Major Design Review, Coastal Development Permit, and the requested concessions and waivers pursuant to the State Density Bonus law for the 88 multifamily residential development located at 935 East Front Street, Project 14570, case numbers APL-11- 22-62227, DRC-6-20-55312 and CDP-6-20-55370.
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA OVERRULING THE PLANNING COMMISSION
DENIAL AND ACCEPTING THE APPELLANT’S APPEAL
APPROVING DESIGN REVIEW, COASTAL DEVELOPMENT PERMIT
AND APPROVING THE DENSITY BONUS CONCESSIONS AND
WAIVERS IN COMPLIANCE WITH STATE DENSITY BONUS LAW
(GOVERNMENT CODE SECTION 65915 ET. SEQ.) FOR THE FRONT
AND KALORAMA PROJECT, AN 88 UNIT MULTI -FAMILY
RESIDENTIAL DEVELOPMENT LOCATED AT 935 EAST FRONT
STREET”
7 PUBLIC HEARING ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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12. Amendments and Adoption of the 2022 State Building Standards Codes
Staff: Peter Gilli, Community Development Director
RECOMMENDATION
a. Introduce and waive the first reading of the Ordinances adopting by reference the 2022 Editions of the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code, Existing Building Code, Fire Code and 2021 Edition International Maintenance Code, Energy Code, Green Building Code, Referenced Standards Code, Administrative Code, Historical Building Code, and amending certain provisions thereof through express findings of local necessity.
b. Set the Ordinances for a second reading and adoption at the November 28, 2022 City Council meeting.
FORMAL ITEMS: The public may comment on each item listed on the agenda for Formal Items as the item is taken up. Formal Items may be reord ered at the discretion of the Chair. The public may speak up to three (3) minutes on each agenda item.
13. Consideration of Various Agreements with Workday, Inc. and Collaborative Solutions, LLC, Related to the Acquisition of a New Enterprise Resource Planning System
Staff: Michael Coon, Chief Financial Officer
RECOMMENDATION
a. Approve and authorize the Mayor to execute a contract for subscription rights, training, and delivery assurance services with Workday, Inc., which consists o f a master subscription agreement and the following order forms, in an amount not to exceed $9,371,330, subject to annual appropriations from the City Council:
1. Order Form #00369349.0 for subscription rights in a not to exceed amount of $8,997,798 with an end date of November 20, 2037;
2. Order Form #00375269.0 for Workday Training in a not to exceed amount of $212,028 with an end date of November 20, 2025;
3. Order Form #00375267.0 for Workday Delivery Assurance in a not to exceed amount of $161,504 with an end date of October 22, 2024.
8 FORMAL ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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b. Approve and authorize the Mayor to execute a master service agreement with Collaborative Solutions, LLC. to provide software implementation services for the deployment of Workday software in a not to exceed amount of $3,052,659 with a contract completion date of August 9, 2024.
c. Authorize the City Manager to execute future amendments to the Workday contract for subscription rights up to a total maximum contingency of $899,779 for total not to exceed amount of $9,897,577.
d. Authorize the City Manager to execute future amendments to the master service agreement with Collaborative Solutions, LLC. up to a total maximum contingency of $305,266 for total not to exceed agreement amount of $3,357,925 and total time extension of 90 days.
e. Authorize Finance to amend appropriations as needed through out the implementation of Workday to transfer monies from the City’s various funds to the Information Technology Internal Service Fund to cover each fund’s proportional cost of the implementation.
14. Professional Services Agreement with Kennedy/Jenks Consultants, Inc. for Membrane Bioreactor and Ultraviolet Light Disinfection Design
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the Mayor to execute a Professional Services Agreement with Kennedy/Jenks Consultants, Inc.; term November 14, 2022 to December 31, 2024; not -to-exceed $11,375,125 during the duration of the contract pursuant to section 4.600.140 of the Municipal Code.
b. Authorize the City Manager or designee to execute amendments for the Professional Service Agreement with Kennedy/Jenks, Inc. up to $568,756 for a total contract not to exceed amount of $11,943,881 during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code and a total time extension of 365 calendar days.
9 FORMAL ITEMS (CONTINUED)
November 14, 2022 Ventura City Council Agenda
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15. Management Report on the Refurbishment and Redecoration of City Facilities for the Last Three Years and First Amendment with BKM Office Environments
Staff: Alex D. McIntyre, City Manager
Andy Heglund, City Attorney
RECOMMENDATION
a. Receive File Management Report on the refurbishment and redecoration of City facilities for the last three years.
b. Approve and authorize the Mayor to execute the First Amendment to General Services Agreement 2022-196 with BKM Office Environments, Inc., in the amount of $210,000 for a new contract total of not-to-exceed $510,000.
c. Authorize the City Manager to execute an amendment or change order to BKM Office Environments, Inc. purchase order up to a not-to-exceed contingency amount of $50,000 pursuant to Section 4.600.200 of the Municipal Code and a total time extension of 180 calendar days.
d. Authorize the City Manager or designee to execute a task order to MTM Construction, Inc. for $130,000 per Job Order Contract number 2021 - 078.
e. Authorize the City Manager to execute an amendment or change order to MTM Construction, Inc.’s task order up to a not-to-exceed contingency amount of $13,000 pursuant to Section 4.600.190 and
4.600.200 of the Municipal Code and a total time extension of 180 calendar days.
f. Authorize an increase to Fiscal Year 2023 appropriations in the amount of $388,000; $314,000 fr om the Information Technology Fund 61, and $74,000 from Facilities Fund 65.
PUBLIC COMMUNICATIONS : In compliance with Government Code Section 54954.3, Public Communications is that portion of Council meetings set aside for members of the public to address City Council on items of any City business other than scheduled agenda items. Comments are limited to items within the subject matter jurisdiction of the City and are limited to no more than three (3) minutes. Per the City Council Protocols, speakers may not cede their time to another speaker. If there are more than ten (10) Public Communications speakers, each speaker's time shall be reduced from three (3) minutes so that all speakers have an equal time to speak. City Council cannot act on any items not on the agenda.
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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, bu t 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 communication.
Please contact 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. N otification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Live Spanish interpretation will be available. No advanced request for interpretation services required.
La traducción al español estará disponible en vivo. No es necesario solicitar la traducción al español anticipadamente.
Administrative Reports relating to this agenda are available on the City’s website – https://www.cityofventura.ca.gov/AgendaCenter.
Resource Items for the Public:
• City Council Protocols which includes Rules of Decorum for the Public • City Council Goals 2021-2022
• Budget Principles 2021-2022
• City Charter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Thursday, November 10, 2022, at 8:30 p.m. in the City Clerk’s Office, on the City Hall Public Notices Board and on the internet.
Michael B. MacDonald, CMC
City Clerk
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