December 12, 2022 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
REVISED AGENDA ADDED ITEM A; REVISED ITEM 4 AND ITEM 17 MONDAY, DECEMBER 12, 2022
REVISED ON DECEMBER 9, 2022
REORGANIZATION RECEPTION – 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
Akbar Alikhan
Acting 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=macf1ad65fd76910dfd4de30c1e8ac217 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: 2551 062 4863 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 December 12, 2022 Ventura City Council Agenda
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CITY COUNCIL REORGANIZATION RECEPTION – 5:00 p.m.
To honor and thank the outgoing Councilmembers for their service to the City and to welcome our newly elected Councilmembers. The reception will be held in the Community Meeting Room. ___________________________________________________________________________________ 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
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
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 toni ght be deemed read by title only and all further reading be waived.
2. Main Street Moves Agreements
Staff: Akbar Alikhan, Acting City Manager
RECOMMENDATION
a. Authorize the Acting Community Development Director or designee to issue a Work Order under Professional Services Agreement No. 2019- 014 with Rincon Consultants , Inc. to prepare environmental documentation in compliance with CEQA for Main Street Moves in an amount not-to-exceed $220,849, including a 10% contingency of $20,077.
2 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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b. Approve and authorize the Acting City Manager or designee to execute a Professional Services Agreement, in substantially this form submitted subject to City Attorney approval as to form, with RRM Design Group to prepare design guidelines for outdoor business expansion for a total not-to-exceed $71,500, including a 10% contingency of $6,500.
c. Approve and authorize the Acting City Manager or designee to execute an amendment to existing Professional Services Agreement No. 2022- 036 with James Cogan for an addi tional amount of $91,000 for a total not to exceed $150,000.
3. Consideration of Amendment 2 to Task Order 001 with Fugro USA Land, Inc. for Pipeline Vault Structures for VenturaWaterPure Project Outfall Pipeline
Staff: Akbar Alikhan, Acting City Manager
RECOMMENDATION
a. Approve and authorize the Mayor to execute Amendment 2 to Task order 001 of Professional Services Agreement PW22 -1023 with Fugro USA Land, Inc. in the amount of $23,780 for a new contract total of $83,420 and a contract completion date of June 30, 2023.
b. Authorize the VenturaWaterPure Director or designee to execute future amendments to subject agreement up to a total maximum contingency of $8,342 for a total not to exceed contract amount of $91,762.
4. Ordinance for Second Reading - Approval of the Olivas Park Drive Development Agreement
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Determine that this project complies with CEQA because it was contemplated in the Final EIR for the Olivas Park Drive Extension Project and subsequent Addendum for the Olivas Park Specific Plan Project (EIR-11-10-4397, SCH#1995081004).
b. Waive the second reading in full and adopt the Ordinance Approving the Development Agreement between the City of Ventura and Hofer Properties LLC/Ventura Olivas Company LLC/WF Golf Course LLC.
3 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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5. Approval of City Council Minutes – Regular Meetings held on November 14, 2022, November 28, 2022, and December 5, 2022 and a Special Closed Session Meeting on November 10, 2022
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on November 14, 2022, November 28, 2022, and December 5, 2022 and a Special Closed Session Meeting on November 10, 2022.
6. Authorization to Obtain Updated Water and Wastewater Fund Credit Ratings from S&P Global Inc. to support Requirements of the VenturaWaterPure Water Infrastructure and Finance Innovation Act Loan
Staff: Michael Coon, Chief Financial Officer
RECOMMENDATION
Authorize the Chief Financial Officer to enter into an engagement with S&P Global Inc. to provide a credit rating for an amount not to exceed $81,675 , which includes a 10% contingency.
7. After School Program Agreement with Ventura Unified School District for Fiscal Year 2022-23
Staff: Barry Fisher, Acting Parks and Recreation Director
RECOMMENDATION
Approve and authorize the Mayor to execute an agreement between the City and Ventura Unified School District for after school programming from July 1, 2022, to June 30, 2023.
4 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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8. Approval of Purchase Order with Axon Enterprises, Inc. for Purchase of 130 Tasers for the Police Department
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Approve and authorize the Mayor to sign the five -year agreement with Axon Enterprises Inc. to purchase Tasers for $368,656.27.
b. Authorize Finance to assign the increased appropriations and revenues to the General Fund, Police Department Budget.
9. Consideration of Purchase of Police Patrol Vehicles
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Authorize the Mayor to execute a purchase order not to exceed $317,726.16 for the purchase of six (6) Ford Utility Police patrol vehicles to National Auto Fleet Group.
10. Consideration of Approval of Construction Contract with Elite General Engineering Incorporated for Project 97963 Saticoy Country Club Well Number 2 Rehabilitation - Phase II
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve the project and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15302 (c) of the CEQA guidelines because it consists of replacement or reconstruction of existing utility system and/or facilities involving negligible or no expansion of capacity.
b. Approve and Authorize the Mayor to execute a Public Works Contract (Specification No. 2021 -064) for Phase II of the Saticoy Country Club Well Number 2 Rehabilitation Project with Elite General Engineering Incorporated in the amount of $797,298.
5 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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c. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $119,595 for a total not -to-exceed Agreement amount of $916,893 and a total time extension of 180 calendar days.
d. Authorize the Finance Department to increase the FY 202 3 budget by $1,174,217 from Water Capital Fund (72) fund balance and adjust CIP Appropriations by $1,113,868 to support the proposed contract and project completion.
11. Professional Services Agreement No. 2020 -025 Fourth Amendment with Stantec Consulting Services Inc. for Design Services on State Water Interconnection Pipeline and Blending Station Projects
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute the fourth amendment to Professional Services Agreement 2020 -025 with Stantec Consulting Services Inc. for a new contract completion date of February 29, 2024.
b. Authorize the Public Works Director or designee to execute future amendments to sub ject agreement up to a total time extension of 180 calendar days.
12. Professional Services Agreement 2015 -006 Sixth Amendment with Michael Baker International for Design Services on Project 91049 – Olivas Park Drive Levee
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute the Sixth amendment to Professional Services Agreement 2015 -006 with Michael Baker International in the amount of $76,920 for a new contract total of $911,398, and revise insurance requirements and extend the contract completion date to December 31, 2023.
b. Authorize the Public Works Director or designee to execute future amendments to subject agreement up to a total time extension of 180 calendar days.
6 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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13. Professional Services Agreement 2015-005 Seventh Amendment with Michael Baker International for Design Services on Project 91019 – Olivas Park Drive Extension
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute the Seventh Amendment to Professional Services Agreement 2015 -005 with Michael Baker International for a time extension with a new contract completion date of December 31, 2023, and revised insurance requirements.
b. Authorize the Public Works Director or designee to execute future amendments to subject agreement up to a total time extension of 180 calendar days.
14. Resolutions Authorizing Application and Administration of Financing for the Membrane Bioreactor Project
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Adopt a Resolution stating the City’s intent to reimburse expenditures paid prior to the issuance of obligations or the approval by the State Water Resources Control Board, which will support the planning, design, and construction of the Membrane Bioreactor Project.
Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, STATING THE CITY’S INTENTION
TO REIMBURSE EXPENDITURES PAID PRIOR TO THE ISSUANCE
OF THE OBLIGATIONS OR THE APPROVAL BY THE STATE WATER
RESOURCES CONTROL BOARD OF THE MEMBRANE
BIOREACTOR PROJECT FUNDS”
b. Adopt a Resolution authorizing the Ventura Water General Manager, or designee, to apply for financial assistance from the State Water Resources Control Board for up to $143,500,000 which will support the planning, design, and construction of the Membrane Bioreactor Project.
Resolution titled:
7 CONSENT ITEMS (CONTINUED)
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“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING THE VENTURA
WATER GENERAL MANAGER, OR DESIGNEE, TO APPLY FOR
FINANCIAL ASSISTANCE FROM THE STATE WATER RESOURCES
CONTROL BOARD FOR THE MEMBRANE BIOREACTOR
PROJECT”
c. Adopt a Resolution to dedicate and pledge revenues to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program Financing, which will support the planning, design, and construction of the Membrane Bioreactor Project. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, DEDICATING AND PLEDGING
REVENUES TO PAYMENT OF ANY AND ALL CLEAN WATER STATE
REVOLVING FUND AND/OR WATER RECYCLING FUNDING
PROGRAM FINANCING FOR THE MEMBRANE BIOREACTOR
PROJECT”
d. Authorize the Ventura Water General Manager, or designe e, to act on behalf of the City of Ventura to conduct all negotiations, execute and submit all documents that may be necessary to apply for this financial assistance.
e. Authorize the Finance and Technology Department to assign increased revenue and expense appropriations to the proper funds, projects, and accounts to support the financial assistance applications as necessary.
15. Adopt the 2019 Watersheds Coalition of Ventura County Integrated Regional Water Management Plan
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Adopt a Resolution adopting the 2019 Watersheds Coalition of Ventura County Integrated Regional Water Management Plan. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPT ING THE 2019
WATERSHEDS COALITION OF VENTURA COUNTY INTEGRATED
REGIONAL WATER MANAGEMENT PLAN”
8 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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b. Find that the 2019 Watersheds Coalition of Ventura County Integrated Regional Water Management Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262, 15306, 15307, and 15308 of the State CEQA Guidelines and authorize staff to file a Notice of Exemption (NOE) in accordance with the provisions of CEQA.
16. Processing and Administration of the 2022 Department of Water Resources Urban Community Drought Relief Grant Program
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Authorize the Ventura Water General Manager, or designee, to apply for, receive grant funds, enter into a cooperative agreement, and administer a grant for up to $11,000,000 for the 2022 Department of Water Resources Urban Community Drought Relief Grant Program.
b. Authorize the Ventura Water General Manager, or designee, to act as agent for the City to conduct all negotiations, execute and submit all documents, including, without limitation, applications , agreements, amendments, and billing statements that may be necessary to accept these grants and complete the project under the grant.
c. Authorize Finance and Technology to assign increased appropriations to the proper funds, projects, and accounts if the grant is awarded.
d. Adopt a resolution authorizing the Ventura Water General Manager, or designee, to apply for, receive grant funds, enter into a cooperative agreement, and administer a grant for up to $11,000,000 for the 2022 Department of Water Resources Urban Community Drought Relief Grant Program. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING THE VENTURA
WATER GENERAL MANAGER, OR DESIGNEE, TO APPLY FOR,
RECEIVE FUNDS, ENTER INTO A GRANT AGREEMENT, AND
ADMINISTER A GRANT FROM THE DEPARTMENT OF WATER
RESOURCES FOR THE EASTSIDE TO MIDTOWN
INTERCONNECTION, SATICOY WELL NO. 4, FOSTER PARK
INTAKE STRUCTURE AND FISH PASSAGE IMPROVEMENTS –
PHASE 2, AND TURF REMOVAL PROJECTS”
9 CONSENT ITEMS (CONTINUED)
December 12, 2022 Ventura City Council Agenda
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A. Consideration of a Separation Agreement and General Release between City of San Buenaventura and Alex McIntyre
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Staff recommends that the City Council approve and authorize the Mayor to execute a Separation Agreement and General Release between the City of San Buenaventura and Alex McIntyre, which includes a settlement payment of $150,000, among other terms.
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.
17. Declare the Official Results for the November 8, 2022 General Municipal Election Results
Staff: Michael B. MacDonald, City Clerk
RECOMMENDATION
Adopt a Resolution declaring the official canvass/results for the general Municipal Election held on November 8, 2022 , electing four Councilmembers representing Districts 1, 4, 5, and 6 for a term of four years. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA (VENTURA) RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULTS AND OTHER SUCH MATTERS AS PROVIDED BY LAW”
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Recognition for outgoing Mayor Sofia Rubalcava (2018-2022)
• Recognition for outgoing Councilmember Jim Friedman (2018-2022)
• Recognition for outgoing Councilmember Lorrie Brown (2018-2022)
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CITY COUNCIL REORGANIZATION – 8:00 p.m.
Per the City Charter, the incoming Councilmembers will take the Oath of Office at 8 p.m. and be seated on the Dais.
___________________________________________________________________________________
18. City Clerk Administers Oath of Office to the Newly Elected Councilmembers for a Term Ending in December 2024
Staff: Michael B. MacDonald, City Clerk
• Councilmember Liz Campos – District 1
• Councilmember Jeannette Sanchez-Palacios – District 4 • Councilmember Bill McReynolds – District 5
• Councilmember Jim Duran – District 6
19. Comments from the Newly Seated Councilmembers
20. Nomination of the Mayor
Staff: Michael B. MacDonald, City Clerk
City Clerk MacDonald to open the Nominations for the office of Mayor for a two-year term of December 12, 2022 – December 2024.
21. Nomination of the Deputy Mayor
Staff: Michael B. MacDonald, City Clerk
City Clerk MacDonald to open the Nominations for the office of Mayor for a two-year term of December 12, 2022 – December 2024.
22. Comments from the Newly Appointed Mayor and Deputy Mayor
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 n ote: 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 in formation 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. Notification 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
• Budget Principles
• City Charter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Thursday, December 8, 2022, at 3:30 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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