CITY OFVEN TURA
CITY COUNCIL MINUTES
CITY COUNCIL MINUTES
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
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 ofCity 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=macf1 ad65fd7691 0dfd4de30c1 e8ac217 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 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
1 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: 6:08 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
None
Mayor Rubalcava presiding
PLEDGE OF ALLEGIANCE: Mayor Rubalcava
CITY COUNCIL COMMUNICATIONS: None
CITY MANAGER COMMUNICATIONS
Deputy City Manager Barry Fisher provided the following update:
• Spark of Love Toy Drive: Donate new, unwrapped toys, books, and sporting equipment at Ventura Fire's Headquarters, located at 1425 Dowell Drive. • Tip-A-Cop Fundraiser: Hosted on Wednesday, December 14, from 5 p.m. - 9 p.m. at California Pizza Kitchen, located inside the Pacific View Mall. • IT Department: Awarded a $473,270 grant to design and engineer over 400 fiber connections to government facilities and assets leveraging fiber from the traffic signal project.
• Holiday Closure: City Hall closed between the Christmas holiday and the New Year. • Next Regularly Scheduled City Council Meetings: January 9, 2023, January 23, 2023, and January 28, 2023 - City Council Goal Session
December 12, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
2 CONSENT ITEMS
Supplemental Packet: Communications posted online.
Public Speakers: Glenn Overley
Action: M/S/C (Friedman/Halter) to approve the Consent
Items, excluding Item 4, in one motion as presented.
Vote: All Ayes
1. 2.
Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
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. 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 additional amount of $91,000 for a total not to exceed $150,000.
Action: Approved recommendation. Agreement No. 2022-079.
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
3 CONSENT ITEMS (CONTINUED)
3. Consideration of Amendment 2 to Task Order 001 with Fugro USA Land, Inc. for Pipeline Vault Structures for VenturaWaterPure Proiect Outfall Pipeline
4. 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.
Action: Approved recommendation.
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 LLCNentura Olivas Company LLC/WF Golf Course LLC.
Action:
Vote:
No Speakers. M/S/C (Brown/Schroeder) to approve the staff recommendation. Ordinance No. 2022-023.
All Ayes
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
4 CONSENT ITEMS (CONTINUED)
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 r Session Meeting on November 10, 2022.
Action: Approved recommendation.
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.
Action: Approved recommendation. Agreement No. 2022-080.
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.
Action:
December 12, 2022
Approved recommendation. Agreement No. 2022-081.
Ventura City Council Minutes
www.cityofventura .ca.gov
5 CONSENT ITEMS (CONTINUED)
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.
Action: Approved recommendation. Agreement No. 2022-078 .
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.
Action: Approved recommendation.
10. Consideration of Approval of Construction Contract with Elite General Engineering Incorporated for Proiect 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.
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
6 CONSENT ITEMS (CONTINUED)
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 2023 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.
Action: Approved recommendation.
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 Proiects 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 subject agreement up to a total time extension of 180 calendar days.
Action: Approved recommendation. Agreement No. 2020-025.4.
12. Professional Services Agreement 2015-006 Sixth Amendment with Michael Baker International for Design Services on Proiect 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.
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
7 CONSENT ITEMS (CONTINUED)
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.
Action: Approved recommendation. Agreement No. 2015-006.6.
13. Professional Services Agreement 2015-005 Seventh Amendment with Michael Baker International for Design Services on Proiect 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.
Action: Approved recommendation. Agreement No. 2015.005.7.
14. Resolutions Authorizing Application and Administration of Financing for the Membrane Bioreactor Proiect
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:
December 12, 2022
"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"
Ventura City Council Minutes
www.cityofventura .ca.gov
8 CONSENT ITEMS (CONTINUED)
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:
"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 designee, 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.
Action:
December 12, 2022
Approved recommendation. Resolution No. 2022-085,
2022-086, and 2022-087.
Ventura City Council Minutes
www.cityofventura.ca.gov
9 CONSENT ITEMS (CONTINUED)
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, ADOPTING THE 2019
WATERSHEDS COALITION OF VENTURA COUNTY INTEGRATED
REGIONAL WATER MANAGEMENT PLAN"
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.
Action: Approved recommendation. Resolution No. 2022-088.
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 .
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
10 CONSENT ITEMS (CONTINUED)
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 DESIGN EE, 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"
Action: Approved recommendation. Resolution No. 2022-089.
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.
Action:
December 12, 2022
Approved recommendation.
Ventura City Council Minutes
www.cityofventura.ca .gov
11 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.
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'
Public Speakers: Denise Wise, Leslie Purcell
Action:
Vote:
M/S/C (Schroeder/Brown) to approve the staff
recommendation. Resolution No. 2022-090.
All Ayes
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) 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.
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
12 FORMAL ITEMS (CONTINUED)
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.
Public Speakers: Glenn Overley, Spencer Noren, KC Rodriguez Action:
Vote:
M/S/C (Halter/Sanchez-Palacios) to appoint
Councilmember Joe Schroeder to the position of
Mayor for a term ending in December 2024.
All Ayes
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.
Action:
Vote:
No speakers. M/S/C (Duran/Campos)) to appoint
Councilmember Jeannette Sanchez-Palacios to the
position of Deputy Mayor for a term ending in
December 2024.
All Ayes
22. Comments from the Newly Appointed Mayor and Deputy Mayor December 12, 2022 Ventura City Council Minutes
www. cityofventu ra. ca. gov
13 PUBLIC COMMUNICATIONS
Public Speakers: Terrence Foley
ADJOURNMENT
Adjourned at 9:07 p.m.
I hereby certify that this is a true and correct record of the City Council meeting held on December 12, 2022.
~ \,ui) \J\LwJ¼l
Michael B. MacDonald, CMC
City Clerk
December 12, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
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