CITY OF VENTURA
CITY COUNCIL MINUTES
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
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 Web Ex meeting live at:
https:/ /cityofventu ra. web ex. com/cityofventu ra/j. php?MTI D=mb229bb3e 1 ca 15828f9c07f236e3d2b53 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 7 45 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 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 Agenda
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CALL TO ORDER - CLOSED SESSION: 4:39 p.m.
ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
Absent: None
Mayor Rubalcava presiding
PUBLIC COMMUNICATIONS: None
CLOSED SESSION: TeleconferenceNideo 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)
Action: To place City Manager Alex McIntyre on paid administrative leave pending council action on private personnel matter. City Council appointed Assistant City Manager Akbar Alikhan as Acting City Manager.
Vote: All Ayes
2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION One Case
Authority: Government Code section 54956.9(d)(2)
Action: No reportable action.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code 54957
Action: No reportable action.
ADJOURNMENT: 5:49 p.m.
CALL TO ORDER - REGULAR SESSION: 6:05 p.m.
November 14, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
Absent: None
Mayor Rubalcava presiding
PLEDGE OF ALLEGIANCE: Councilmember Johnson
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• E.J. Harrison Anniversary Recognition
CLOSED SESSION REPORT: City Attorney Andy Heglund reported that Council, in a 7-0 vote, took action to place City Manager Alex McIntyre on paid administrative leave pending Council action on a private personnel matter. City Council appointed Assistant City Manager Akbar Alikhan as Acting City Manager.
CITY COUNCIL COMMUNICATIONS
Councilmember Johnson
• Tue 11/15, 9:30am: Breakfast at Pete's Breakfast House • Wed 11/16, 6:30pm: Roundtable on Good Government Reforms. Rincon Brewery. • Mon 11/21, 6:30pm: Another Rincon Roundtable on Good Government Reforms.
Rincon Brewery.
Councilmember Halter
• Recognized the importance of the Arts and highlighted the current production of In the Heights playing at the Rubicon theatre.
CITY MANAGER COMMUNICATIONS
Acting City Manager Akbar Alikhan provided the following update:
• Join a City Board, Committee, or Commission.
• Next GPAC Meeting on Tuesday, November 15, at 6:00 PM. The General Plan Team will release the survey results. GPAC will discuss how to work together to review the results and develop a process for preparing a preferred land use direction for the City. • Westside Housing Forum on Wednesday, November 16, from 6:30 - 8:30 PM at the Bell Arts Factory.
• Next City Council Meeting - Workshop on Parking
November 14, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
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
Supplemental Packet: Communications posted online.
Action: M/S/C (Friedman/Halter) to approve the Consent Items, excluding Item 3, in one motion as presented.
Vote: All Ayes
1. Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
Action: No Speakers. Approved recommendation.
2. Approval of City Council Minutes - Regular Meetings held on April 12, 2021, April 26, 2021, May 1 O, 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.
Action: No Speakers . Approved recommendation.
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:
November 14, 2022 Ventura City Council Minutes
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CONSENT ITEMS {CONTINUED)
"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"
Action:
Vote:
No Speakers. M/S/C (Friedman/Brown) to approve the staff recommendation. Resolution No. 2022-078.
Ayes: Sanchez-Palacios, Brown, Halter, Friedman, Deputy Mayor Schroeder, Mayor Rubalcava; Noes: Johnson; Abstain: None;
Absent: None
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).
Action: No Speakers. Approved recommendation. Agreement No. 1998- 022.1.
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.
Action:
November 14, 2022
No Speakers. Approved recommendation. Agreement No. 2022-064 Ventura City Council Minutes
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CONSENT ITEMS {CONTINUED)
6. 7.
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.
Action: No Speakers . Approved recommendation. Resolution No. 2022-079.
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.
Action: No Speakers. Approved recommendation. Agreement No. 2022- 021.1.
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.
November 14, 2022 Ventura City Council Minutes
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CONSENT ITEMS (CONTINUED)
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.
Action: No Speakers. Approved recommendation . Agreement No. 2022-065; Agreement No. 2022-066; Resolution No. 2022-080; Resolution No. 2022-081
9. Authorization to Apply for Grant Funding for the Surfer's Point Managed Retreat - Phase 2 Proiect
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.
November 14, 2022 Ventura City Council Minutes
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CONSENT ITEMS (CONTINUED)
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.
Action: No Speakers. Approved recommendation.
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 .
Action:
November 14, 2022
No Speakers. Approved recommendation. Agreement No. PW-23- 1085.
Ventura City Council Minutes
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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.
11. Appeal of the Planning Commission's Denial of the 88-unit Front and Kalorama Proiect (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 MUL Tl-FAMILY
RESIDENTIAL DEVELOPMENT LOCATED AT 935 EAST FRONT
STREET"
Supplemental Packet: Communications posted online.
Councilmember Friedman (Planning
Commissioner), Deputy Mayor Schroeder (Mr.
Cohen), Councilmember Johnson (Mr. Cohen,
Dave Armstrong), Councilmember Brown (Mr.
Cohen), Councilmember Sanchez-Palacios
(Mr. Cohen and Planning Commissioner)
Ex Parte Communication:
November 14, 2022 Ventura City Council Minutes
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PUBLIC HEARING ITEMS (CONTINUED)
Public Speakers:
Action:
Vote:
Action:
Vote:
Sue Pollack, Scott McCarty, Carol Spector,
Glenn Overley, Eileen Shaw, Patty Overley,
Steven Quat, Dave Raulin, Barbara Connelly,
Wendy Sauter, Helen Eloyan, Bob Guthrie
( ceded time by Pete Freeman and Chad
Pansini), Caleb Rexivs, Christy Weir (ceded
time by Huxton Becker), Mark Sirota, Olin
Bruton, Manual Bustamante, Stephanie
Caldwell, Judy Alexandre, Kyler Carlsen,
Natalie Bruton, Josiah Houck, Jordan Marshall,
KC Rodriguez, Karen Flock, Kelsey Jonker, JK
Mondol, Judee Hauer, Spencer Noren (ceded
time by Liz Campos), Amy Cherrie, Summer
Baltzer, Claudia Armann, Jackson Piper, Trevor
Gotsman
M/S/C (Johnson/Brown) to approve the staff
recommendation with a minor revision process
to route the item to the DRC to make a
recommendation to the Community
Development Director to incorporate voluntary
cosmetic changes to improve design to reduce
the appearance of visual mass and improve
verticality.
All Ayes
M/S/C (Johnson/Friedman) to continue the
meeting past 11 p.m. per the City Council
protocols.
All Ayes
City Council recess 11:17p.m. -11:25 p.m.
Action:
Vote:
November 14, 2022
M/S/C (Johnson/Friedman) to hear a new item
past 10 p.m. per the City Council protocols.
All Ayes
Ventura City Council Minutes
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PUBLIC HEARING ITEMS (CONTINUED)
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.
Action:
Vote:
Action:
Vote:
M/S/C (Johnson/Friedman) to waive the staff presentation.
All Ayes
No Speakers. M/S/C (Johnson/Friedman) to approve the staff recommendation.
All Ayes
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 reordered 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 of 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:
November 14, 2022 Ventura City Council Minutes
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FORMAL ITEMS (CONTINUED)
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.
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 throughout 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.
Action: No Speakers. Item continued to the next regular meeting.
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.
November 14, 2022 Ventura City Council Minutes
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FORMAL ITEMS (CONTINUED)
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.
Action: No Speakers. Item continued to the next regular meeting.
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, lnc.'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 from the Information Technology Fund 61, and $74,000 from Facilities Fund 65.
Action:
November 14, 2022
No Speakers. Item continued to the next regular meeting.
Ventura City Council Minutes
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PUBLIC COMMUNICATIONS
Public Speakers: Steven Quat, Terrence Foley, Amy Cherrie, Mark Sirota, Glenn Overley, Spencer Noren, Matt Bello, Tim Snowber
ADJOURNMENT
Adjourned at 11 :30 p.m.
I hereby certify that this is a true and correct record of the City Council meeting held on November 14, 2022.
~~~
Michael B. MacDonald, CMC
City Clerk
November 14, 2022 Ventura City Council Minutes
www .cityofventura .ca.gov