February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
MONDAY, FEBRUARY 27, 2023
CLOSED SESSION – 5:00 P.M.
REGULAR MEETING – 6:00 P.M.
CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001
JOE SCHROEDER, MAYOR
Councilmembers:
DISTRICT 1 – LIZ CAMPOS DISTRICT 6 – JIM DURAN
DISTRICT 2 – DOUG HALTER DISTRICT 5 – BILL MCREYNOLDS
DISTRICT 3 – MIKE JOHNSON DISTRICT 4 – JEANNETTE SANCHEZ-
PALACIOS, DEPUTY MAYOR
Akbar Alikhan
Interim 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.
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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: 2552 258 4793.
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.
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
CALL TO ORDER – CLOSED SESSION – 5:00 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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Barbara Coulter v. City of San Buenaventura VCSC Case No. 56-2020-00544307-CU-PO-VTA
Authority: Government Code Section 54956.9(d)(1)
2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION Two Cases
Authority: Government Code Section 54956.9(d)(2)
3. PUBLIC EMPLOYMENT
Title: City Manager
Authority: Government Code Section 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 Financing Authority items are listed on the agenda.
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Introduction of Stacey Rianda, CEO of Ventura County Fairgrounds
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.
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
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 tonight be deemed read by title only and all further reading be waived.
2. Approve Appointment Recommendations for the Measure O Citizens Oversight Committee and Historic Preservation Committee
Introduced by: Councilmember Bill McReynolds, Chair
RECOMMENDATION
Approve the Appointments Recommendation Committee appointments.
3. Request for Authorization to Amend Outside Counsel Services – Best, Best & Krieger for Inclusionary Housing Implementation
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to amend the legal services agreement with Best, Best and Krieger, LLP to increase the compensation by $7,550 to an amount not to exceed $67,500.
4. Approval of City Council Minutes – Regular Meetings held on January 9, 2023, January 23, 2023, and January 28, 2023
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on January 9, 2023, January 23, 2023, and January 28, 2023.
CONSENT ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
5. Appointment of Planning Commissioners
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve Planning Commissioner appointments for Co uncilmembers Campos, McReynolds, Duran, and Deputy Mayor Sanchez-Palacios.
6. Professional Services Agreement 2022 -061 First Amendment with PFM Group Consulting, LLC, Repeal of Re solution No. 2022-072 and Replace with an Updated Resolution
Staff: Akbar Alikhan, Interim City Manager
RECOMMENDATION
a. Approve and authorize the Mayor or designee to execute an amendment to existing Professional Services Agreement No. 2022 -061 with PFM Group Consulting, LLC, adding to the Scope of Services.
b. Adopt a Resolution repealing Sales or Transactions and Use Tax Resolution No. 2022-072, Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, REPEALING RESOLUTION NO.
2022-072, WHICH AUTHORIZED THE EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS”
c. Adopt a Resolution authorizing officers, employees, and representatives the examination of Sales or Transactions and Use Tax, Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING THE
EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX
RECORDS”
CONSENT ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
7. Authorization to Apply for Fiscal Year 2024 Congressionally Directed Spending Request Grant Funds
Supplemental Material
Staff: Akbar Alikhan, Interim City Manager
RECOMMENDATION
a. Authorize the City Manager, or designee, to execute all agreements necessary to apply for a Congressionally Directed Spending Grant for up to $2,760,900 for Main Street Moves Bollard Safety Project.
b. Authorize the Ventura Water General Manager, or designee, to apply for a grant for up to $5,000,000 for the State Water Interconnection Project.
c. Authorize the Police Chief, or designee, to apply for a grant for up to $3,000,000 for the comprehensive upgrade of Ventura Police Department and Ventura Fire Department Radio Project.
d. Direct staff to return to City Council after the grant application has been submitted for City Council to consider a resolution providing staff authorization for grant processing and administration.
8. Professional Services Agreement P2022 -038 Third Amendment with Bureau Veritas North America, Inc. for Building Inspection and Permit Technician Services
Staff: Neda Zayer, Acting Community Development Director
RECOMMENDATION
Authorize the Mayor to execute the Third Amendment to Professional Services Agreement number P2022 -038 with Bureau Veritas North America, Inc., adding Fiscal Year 23 funds of $285,000 for a new not -to- exceed amount of $500,000.
CONSENT ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
9. Caltrans Active Transportation Grant with Ventura Port District Application
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Authorize the City Manager, or designee, to apply for and accept grant funds from the California Department of Transportation in the amount of $700,000 for the purpose of sustainable transportation planning to/from/within Ventura Harbor.
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, extensions and billing statements that may be necessary to accept the grant and complete the project.
c. Authorize the City Manager, or designee, to execute the Memorandum of Understanding (MOU) for Sustainable Transportation Planning Grant with Ventura Port District.
d. Upon receipt of grant award, authorize the Finance Department to increase General Grant and Categorical Fund appropriations and revenues in the appropriate fiscal year(s), project(s) and account(s) for use as provided in the grants.
10. Professional Services Agreement PW23 -1092 with Flowers & Associates, Inc. for Construction Contract Administration Services on Project 97955 – Waterline - Midtown to Westside Interconnection
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor to execute subject Agreement with Flowers & Associates, Inc. in the amount of $585,300 with a contract completion date of September 30, 2024.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $59,000 for a total not to exceed Agreement amount of $644,300 and a total time extension of 180 calendar days.
CONSENT ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
11. License Agreement with 39 N California Street LLC for Private Use of Public Right-of-Way on North California Street
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Authorize the City Manager to execute a License Agreement with 39 N California Street LLC for the private use of public right -of-way on North California Street.
12. Saticoy Country Club Well 2 – Phase II Project (97963), Annul the Award to Elite General Engineering Inc., Forfeit Bid Bond, and Award to the Second Lowest Bidder, Travis Agricultural Construction Inc.
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Annul the December 12, 2022 Council approval of Public Works Contract (Specification No. 2021-064) to Elite General Engineering Inc. based on their failure to execute Public Works Contract for the Saticoy Country Club Well 2 – Phase II Project.
b. Authorize Public Works staff to forfeit and request payment of bidder’s security, Bid Bond No. 7212808 written by Western Surety Insurance Company, included with the bid submitted on December 1, 2022 by Elite General Engineering Inc. in accordance with Public Contract Code §20172. Apply bidder’s security to the difference between the low bid amount and the second lowest bid and return surplus to bidders surety in accordance with Public Contract Code §20174.
c. Waive all minor bid irregularities, approve a nd authorize the Mayor to execute a Public Works Contract (Specification No. 2021-064) for the Saticoy Country Club Well Number 2 – Phase II Rehabilitation Project with Travis Agricultural Construction, Inc. in the amount of $799,046 with a contract completion date of 180 consecutive calendar days from the date of the Notice to Proceed.
d. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $117,847 for a total not -to-exceed Agreement amount of $916,893 and a total time extension of 180 calendar days.
CONSENT ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
13. Federal Funding for the City of Ventura's State Water Interconnection Project under the Fiscal Year 2022 Consolidated Appropriations Act
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Authorize the Ventura Water General Manager, or designee, to apply for, receive grant funds, and enter into a cooperative funding agreement with the Environmental Protection Agency if the City is chosen as an awardee; with a federal grant amount of $2,840,000 and City match of $710,000.
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, but not limited to, applications, agreements, amendments, and billing statements that may be necessary to accept these grants and complete the project under the grant.
c. Authorize the Finance Department to assign increased appropriations to the proper funds, projects, and accounts if the grant is awarded.
14. Increase in Blanket Purchase Order Limit with JCI Jones Chemicals Inc. for the Wastewater Treatment Process
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve an increase to the Fiscal Year 2022-2023 Blanket Purchase Order with JCI Jones Chemicals Inc. by $30,000 for the purchase of liquid chlorine and sulfur dioxide to be utilized at the Ventura Water Reclamation Facility.
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
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.
15. Inclusionary Housing Program Ordinance
Staff: Neda Zayer, Acting Community Development Director
RECOMMENDATION
a. Conduct a Public Hearing.
b. Determine that the Inclusionary Housing Program Ordinance is exempt from the California Environmental Quality Act (CEQA) under the “common sense exemption” in CEQA Guideline Section 15061(b)(3), because the enactment would amend the Ordinance and have no potential for the changes to result in a significant effect on the environment.
c. Introduce and approve the first reading of the ordinance, titled as follows:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, REPLACING DIVISION 25 OF THE
MUNICIPAL CODE, IN ITS ENTIRETY, WITH DIVISION 25.20,
ENTITLED ‘INCLUSIONARY HOUSING PROGRAM’ WHICH
INCLUDES ALTERNATIVE COMPLIANCE PROCEDURES SUCH AS
IN-LIEU FEES”
d. Set the second reading and adoption of this ordinance at the City Council meeting for March 13, 2023.
e. Authorize the Finance Department to adjust revenue and expenditure appropriations as necessary to account for the income received from the In-Lieu Fee, as well as create reserve accounts for collecting and tracking In-Lieu Fee revenue received.
PUBLIC HEARING ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
16. Mills Act Contracts for Historic Landmarks for Historic Landmark No. 45 – Righetti House and Historic Landmark No. 64 – Brakey House
Staff: Neda Zayer, Acting Community Development Director
RECOMMENDATION
a. Conduct a Public Hearing.
b. Adopt two Resolutions approving Mills Act contracts for:
1. Historic Landmark No. 45 “Righetti House” located at 125 West Park Row, (PROJ-22-0159)
2. Historic Landmark No, 64 “Brakey House” located at Poli Street (PROJ-22-0129)
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. Pension Update and Additional Discretionary Payment (Reviewed by Finance, Audit and Budget Committee – Continued from the February 13, 2023 City Council Meeting)
Staff: Greg Morley, Acting Chief Financial Officer
RECOMMENDATION
a. Receive this report regarding the status of the City of San Buenaventura with the California Public Employee Retirement System.
b. Authorize the Finance Department to adjust appropriations as necessary to make the Additional Discretionary Payment.
COMMITTEE RECOMMENDATION
To accept the staff recommendation and recommends Council have a follow-up discussion regarding policy adjustments.
FORMAL ITEMS (CONTINUED)
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
18. Conduct a Study Session for the Proposed Fiscal Year 2024 -2028 Capital Improvement Program
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Conduct a study session regarding the proposed changes to the Approved Capital Improvement Program for Fiscal Years 2023 -2027 to be incorporated into the Proposed Capital Improvement Plan for Fiscal Years 2024-2028 and provide staff with feedback on the proposed Program.
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.
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, 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 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. 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.
February 27, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
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 Wednesday, February 22, 2023, at 5:45 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