CITY O F VEN TURA
CITY COUNCIL MtNUTfS
CITY COUNCIL MINUTES
MONDAY, NOVEMBER 28, 2022
CLOSED SESSION - 5:00 P.M.
REGULAR MEETING/WORKSHOP - 6:00 P.M.
CITY COUNCIL CHAMBERS - CITY HALL - 501 POLI STREET, VENTURA, CA 93001 TELECONFERENCE LOCATION - 100 MILL ROAD , MCDONOUGH, GA 30253
SOFIA RUBALCAVA , MAYOR
DISTRICT 2 - DOUG HALTER
DISTRICT 3 - MIKE JOHNSON
DISTRICT 4-JEANNETTE SANCHEZ
PALACIOS
Akbar Alikhan
Acting 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/l ive.
To access the meeting remotely : Join the WebEx meeting live at https://cityofventura.webex.com/cityofventura/j.php?MTID=mf9a1129bde79c092e1849410470be1 fd 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 978 6103 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 cityclerk@cityofventura .ca .gov 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 November 28 , 2022 Ventura City Council Minutes
www .cityofventura .ca.gov
CALL TO ORDER- CLOSED SESSION: 5:05 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Sanchez-Palacios, Johnson, Halter, Deputy Mayor Schroeder
Brown, Friedman, Mayor Rubalcava
Deputy Mayor Schroeder presiding
PUBLIC COMMUNICATIONS: Public comments on Closed Session Items only.
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: Santa Barbara Channelkeeper v. State Water Resources Control 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)
Action: No reportable action.
2. 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 Authority: Government Code Section 54956.9(d)(1)
Action: No reportable action.
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Three Cases
Authority: Government Code Section 54956.9(d)(2)
Action: No reportable action.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code 54957
Action: No reportable action.
ADJOURNMENT: 6:01 p.m.
November 28, 2022 Ventura City Council Minutes
www. cityofventu ra. ca. gov
CALL TO ORDER - REGULAR SESSION: 6:08 p.m.
ROLL CALL
Present: Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Deputy Mayor Schroeder, and Mayor Rubalcava
Absent: Friedman
Mayor Rubalcava presiding
PLEDGE OF ALLEGIANCE: Deputy Mayor Schroeder
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• World Aids Day Proclamation
• Sister City Loreto
• Introduction of new Southern California Edison Government Relations Manager (continued to a future meeting)
CLOSED SESSION REPORT: City Attorney Andy Heglund reported that there was no reportable action.
CITY COUNCIL COMMUNICATIONS
Council member Johnson
• Tue 12/1, 6:30pm: Meet & greet at Urbane Cafe
• Wed 12/7, 6:30pm: Roundtable on Good Government Reforms. Cuernavaca Taqueria at Flint & Ventura Avenue.
• Sat 11/12, 1 0am-noon: Second Saturday Cleanup . Lots of graffiti to cover up along the path just south of the 126. Meet at Victoria and Thille. Wear old clothes.
CITY MANAGER COMMUNICATIONS
Acting City Manager Akbar Alikhan provided the following update:
• Ventura River Trail Community Meeting: Hosted at Westpark Community Center on Tuesday, December 6, at 6:30 PM. Spanish interpretation services available during the meeting.
• DRAFT Climate Action and Resilience Plan: Posted online and available to review through December 12. To submit comments, visit www.planventura.com or share by email at [email protected] .
November 28, 2022 Ventura City Council Minutes
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CITY MANAGER COMMUNICATIONS (CONTINUED)
• Become a Santa to a Senior: The City seeking gift donations through December 13 for local seniors enrolled in the Ventura Avenue Adult Center's Senior Nutrition Meal Program.
• General Plan Land Use Survey Results: Posted online for review at www.planventura.com . More information about the next steps following the next GPAC Meeting in 2023.
• Next City Council Meeting - December 5, 2022; December 12, 2022 - Swearing in of new City Councilmembers
CONSENT ITEMS
Supplemental Packet: Communications posted online.
Action: M/S/C (Schroeder/Halter) to approve the Consent Items, excluding Item 7, in one motion as presented.
Vote: Ayes: Sanchez-Palacios, Brown, Johnson, Halter,
Deputy Mayor Schroeder, Mayor Rubalcava; Noes:
1. 2.
None; Abstain: None; Absent: Friedman
Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
Action: No Speakers. Approved recommendation.
Request for Authorization to Amend Legal Services Agreement with Haynes & Boone, LLP, by Increasing the Not to Exceed Amount in The Mid-Century Insurance Company v. City of San Buenaventura Litigation Matter
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into an amended Legal Services Agreement with the law firm of Haynes and Boone, LLP, to increase the not-to-exceed amount by an additional $50,000 to continue representation of the City in the above referenced matter.
Action: No Speakers. Approved recommendation.
November 28, 2022 Ventura City Council Minutes
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CONSENT ITEMS (CONTINUED)
3. 4.
Request for Authorization to Amend Legal Services Agreement with Engle Carobini, APLC, by Increasing the Not to Exceed Amount in the Howard v. County of Ventura Litigation Matter
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into an amended Legal Services Agreement with the law firm of Engle Carobini, APLC, to increase the not to-exceed amount by an additional $100,000 to continue representation of the City in the above referenced matter.
Action: No Speakers. Approved recommendation.
Request for Authorization to Amend Outside Counsel Services - Best, Best & Krieger for the Los Posas Groundwater Litigation and the Oxnard Plain Groundwater Litigation Services
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Authorize the City Attorney to enter into an amended legal services agreement with the law firm of Best, Best and Krieger, LLP in an amount not to exceed an additional $100,000 to continue representation of the City in the litigation matter of Las Posas Valley Water Rights Coalition, et al. v. Fox Canyon Groundwater Management Agency, et al. (Super.
Ct. Santa Barbara County, 2018, No. VENCI00509700).
b. Authorize the City Attorney to enter into an amended legal services agreement with the law firm of Best, Best and Krieger, LLP in an amount not to exceed an additional $75,000 to continue representation of the City in the litigation matter of OPV Coalition, et al. v. Fox Canyon Groundwater Management Agency, et al. (Super. Ct. Santa Barbara County, 2018, No. VENCI00555357).
Action: No Speakers. Approved recommendation.
November 28, 2022 Ventura City Council Minutes
www.cityofventura.ca .gov
CONSENT ITEMS (CONTINUED)
5. Approval of City Council Minutes - Regular Meetings held on October 25, 2021, November 8, 2021, October 10, 2022, October 17, 2022, and October 24, 2022 and Special Meeting held on November 1, 2021
6. Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on October 25, 2021, November 8, 2021, October 10, 2022, October 17, 2022, and October 24, 2022 and Special Meeting held on November 1, 2021.
Action: No Speakers. Approved recommendation.
Ordinances for Second Reading - Adoption of State Building Standards Codes
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Waive the second reading in full and adopt Ordinance Nos. 2022-013 through 2022-021 of the City Council of the City of San Buenaventura, California, adopting by reference the 2022 California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code, Existing Building Code, Fire Code, Energy Code, and 2021 International Maintenance Code.
Public Speakers: Todd Collart, Kathleen Wheeler, Kristen Kessler Action: Approved recommendation. Ordinance Nos. 2022-013 through 2022-021.
7. Adopt Resolution Setting 2023 City Council Meeting Schedule Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Adopt a Resolution setting the City Council 2023 meeting schedule .
Resolution titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA SETTING A CITY COUNCIL MEETING SCHEDULE
FOR CALENDAR YEAR 2023".
November 28, 2022 Ventura City Council Minutes
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CONSENT ITEMS (CONTINUED)
8. 9.
Action:
Vote:
No Speakers. M/S/C (Schroeder/Halter) to approve the staff recommendation. Resolution No. 2022-082.
Ayes: Sanchez-Palacios, Brown, Halter, Deputy Mayor
Schroeder, Mayor Rubalcava; Noes: Johnson; Abstain: None;
Absent: Friedman
Professional Services Agreement PW23-1087 with Kennedy/Jenks Consultants, Inc. for Design Services on Proiect Number 97972, Relocate Day Road Booster Pump Station to Bailey
Staff: Phillip Nelson , Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute an Agreement with Kennedy/Jenks Consultants, Inc. in the amount of $432,000 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 $43,000 for a total not to exceed Agreement amount of $475,000 and a total time extension of 180 calendar days.
Action: No Speakers. Approved recommendation. Agreement No.
PW23-1087.
DKF Solutions, LLC Professional Services Agreement for State Water Resources Control Board and CalOSHA Compliance and Training Modules for Ventura Water and Wastewater Staff
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the Mayor to execute a Professional Services Agreement with DKF Solutions , LLC for State Water Resources Control Board and Cal/OSHA Compliance Program and Training Modules for Ventura Water and Wastewater staff for a contract amount of $263 ,070 and contingency amount of $26,307 for a Not-to-Exceed total of $289,377.
November 28, 2022 Ventura City Council Minutes
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CONSENT ITEMS (CONTINUED)
November 28, 2022 Ventura City Council Minutes
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b. Authorize the City Manager or designee to execute amendments to the Professional Service Agreement during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code, in an amount not to exceed $26,307 in contingency.
Action: No Speakers. Approved recommendation. Agreement No. 2022-069.
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.
10. Professional Services Agreement with Kennedy/Jenks Consultants, Inc. for Membrane Bioreactor and Ultraviolet Light Disinfection Design (Continued from November 14, 2022)
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.
Action: No Speakers. M/S/C (Halter/Brown) to approve the staff recommendation. Agreement No. 2022-070.
Vote: Ayes: Sanchez -Palacios, Brown, Halter, Deputy May or Schroeder, Mayor Rubalcava; Noes: Johnson; Abstain: None;
Absent: Friedman
FORMAL ITEMS (CONTINUED)
City Council recess 8:58 p.m. - 9:19 p.m.
11. Consideration of Various Agreements with Workday, Inc. and Collaborative Solutions, LLC, Related to the Acquisition of a New Enterprise Resource Planning System (Continued from November 14, 2022)
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:
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.
November 28, 2022 Ventura City Council Minutes
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FORMAL ITEMS (CONTINUED)
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:
Vote:
No Speakers. M/S/C (Schroeder/Halter) to approve the staff recommendation. Agreement Nos. 2022-071 and 2022-072.
Ayes: Sanchez-Palacios, Brown, Johnson, Halter, Deputy
Mayor Schroeder, Mayor Rubalcava; Noes: None; Abstain:
None; Absent: Friedman
12. Management Report on the Refurbishment and Redecoration of City Facilities for the Last Three Years and First Amendment with BKM Office Environments (Continued from November 14, 2022)
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Receive and 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.
November 28, 2022 Ventura City Council Minutes
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FORMAL ITEMS (CONTINUED)
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:
Vote:
M/S/C (Halter/Schroeder) to hear a new item past 10
p. m. per the Council Protocols.
Ayes: Sanchez-Palacios, Johnson, Halter, Deputy
Mayor Schroeder, Mayor Rubalcava; Noes: Brown;
Abstain: None; Absent: Friedman
Public Speakers: Glenn Overley
Action:
Vote:
M/S/C (Brown/Schroeder) to approve the staff
recommendation. Agreement No. 2022-196.1.
Ayes: Sanchez-Palacios, Brown, Johnson, Halter,
Deputy Mayor Schroeder, Mayor Rubalcava; Noes:
None; Abstain: None; Absent: Friedman
13. Amendments to the Thomas Fire Ordinance (2018-016) to Extend the End Date of the Ordinance by One Year
Staff: Neda Zayer, Acting Community Development Director
RECOMMENDATION
a. Determine the adoption of the Emergency Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Public Resources Code Section 21080(b)(3) and Section 21080(b)(4), and CEQA Guidelines Section 15269(a).
b. Introduce and adopt by four-fifths vote an emergency Ordinance extending the term of Ordinance No. 2018-006 and Ordinance No. 2018-016 to December 4, 2023, entitled:
November 28, 2022 Ventura City Council Minutes
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FORMAL ITEMS (CONTINUED)
"AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN BUENAVENTURA, CALIFORNIA, EXTENDING THE TERM OF
ORDINANCE NO. 2018-006 WHICH PERMITTED THE USE OF
RECREATIONAL VEHICLES ON PRIVATE PROPERTY FOR
TEMPORARY HOUSING AND USE OF STORAGE CONTAINERS
FOR TEMPORARY ON-SITE STORAGE IN THE AREA IMPACTED BY
THE THOMAS FIRE; AND EXTENDING THE TERM OF ORDINANCE
NO. 2018-016 WHICH AMENDED CERTAIN PROVISIONS
PERTAINING TO HEIGHT DETERMINATIONS AND
IMPLEMENTATION AND RESTATING THE THOMAS FIRE REBUILD
OVERLAY ZONE"
Action: M/S/C (Halter/Schroeder) to extend the meeting
beyond 11 p.m. per the Council Protocols.
Vote: Ayes: Sanchez-Palacios, Johnson, Halter,
Deputy Mayor Schroeder, Mayor Rubalcava;
Noes: Brown; Abstain: None; Absent:
Friedman
Supplemental Packet: Communications posted online.
Public Speaker: David Hurst
Action: M/S/C (Schroeder/Sanchez-Palacios) to
approve the staff recommendation. Ordinance
No. 2022-014.
Vote: Ayes: Sanchez-Palacios, Brown, Johnson,
Halter, Deputy Mayor Schroeder, Mayor
Rubalcava; Noes: None; Abstain: None; Absent:
Friedman
PUBLIC COMMUNICATIONS
Public Speakers: Terrence Foley, George Amandola
ADJOURNMENT
Adjourned at 11 :09 p.m.
I hereby certify that this is a true and correct record of the City Council meeting held on November 28, 2022.
~~ hliuDc~J
Michael B. MacDonald, CMC
City Clerk
November 28, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov