SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Interface Children & Family Services - 211 Overview
• National EMS Week
• American Public Works Association Project of the year and National Public Works Week CLOSED SESSION REPORT: City Attorney Andy Heglund reported that there was no reportable action.
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
Supplemental Packet: Communications posted online.
Public Speakers: Dean Katz, Marv King, John Harader, Robin Butterfield, Susan White Wood, Glenn Overley, Burt
Handy, Spencer Noren
Action: M/S/C (Duran/McReynolds) to approve the Consent Items, excluding Item 4 and Item 5 and revising Item
17 - The Resident-Initiated Safe Sidewalks Program to
also to include aprons on a standard driveway, in one
motion as presented.
Vote: All Ayes
1. May 22, 2023
Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
Action: Approved recommendation.
CONSENT ITEMS {CONTINUED)
2. 3.
4. May 22, 2023
Request for Authorization to Amend Outside Counsel Services - Best, Best & Krieger for the Los Posas Groundwater Litigation Services Staff: Andy Heglund, City Attorney
RECOMMENDATION
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 Las Posas Valley Water Rights Coalition, et al. v.
Fox Canyon Groundwater Management Agency, et al. (Super. Ct. Santa Barbara County, 2018, No. VENCI00509700).
Action: Approved recommendation.
Request for Authorization to Amend Outside Counsel Services - Nossaman LLP for the VenturaWaterPure Program
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into an amended legal services agreement with the law firm of Nossaman, LLP in an amount not to exceed an additional $300,000 to continue representation of the City in transactional legal services related to the VenturaWaterPure Program.
Action: Approved recommendation.
Request for Authorization to Amend Outside Counsel Services - Lozano Smith for Cannabis Business Permit Application Appeals Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to amend the legal services agreement with Lozano Smith, LLP to increase the compensation to an amount not to exceed $200,000 (increase of $140,000).
Action: The item was continued. No discussion.
CONSENT ITEMS (CONTINUED)
5. Resolution to Expand the Number of Card Tables Authorized to Operate within the City, Plans for Initiating Selection Process for New Card Room Licensees
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Adopt a Resolution to expand the number of card tables authorized to operate within the City by 100. Resolution titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, EXPANDING THE NUMBER OF
CARD TABLES AUTHORIZED TO OPERATE IN ITS JURISDICTION
BY 100, PURSUANT TO SAN BUENAVENTURA MUNICIPAL CODE
SECTION 10. 750.430(A)"
b. Direct staff to begin letters of interest from prospective new card room licensees.
Public Speakers: Patrick Berry, Spencer Noren, Jarhett
Action:
Vote:
M/S/C(Halter/Duran) to Approve the staff
recommendation. Resolution No. 2023-032.
Ayes: Duran, McReynolds, Halter, Deputy Mayor Dr.
Sanchez-Palacios, and Mayor Schroeder; Noes:
Campos, Johnson; Abstain: None; Absent: None
6. Approval of City Council Minutes - Regular Meetings held on April 1 O, 2023 and April 24, 2023 and Special Closed Session Meeting on April 10,2023
May 22, 2023
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on April 10, 2023 and April 24, 2023 and Special Closed Session Meeting on April 10, 2023.
Action: Approved recommendation.
CONSENT ITEMS (CONTINUED)
7. Amendments to Consultant and Legal Agreements for Ventura Veterans Home Proiect (Ventura Springs)
Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
a. Receive an update on the Deferred Impact Fee Loan Agreement for the Ventura Springs Veterans Housing Project for an updated reduced amount of $1,939,414.
b. Authorize the Finance Department to prepare the necessary documents and assign the appropriation and revenue changes to the proper programs and accounts as specified in this report.
As the Successor Housing Agency:
c. Authorize the Interim City Manager to amend the existing contract with Dyer Sheehan Group by $40,000 to a not-to-exceed amount of $392,500 to assist with the remainder of the project.
d. Authorize the City Attorney to amend the existing contract with Best Best & Krieger by $20,000 to a not-to-exceed amount of $73,500 to complete the documents required to finish out the remainder of the project.
e. Approve Successor Housing Agency Fiscal Year 2022-2023 funding up to $60,000 to cover additional costs for the consultant and legal services as detailed in this report.
f. Authorize an increase and allow Finance to assign an increased appropriations and revenues to the proper projects and accounts.
Action: Approved recommendation. Agreement No. 2017-118.7.
8. Adopt Updated Resolutions Authorizing the Investment of Funds in the State's Local Agency Investment Fund
May 22, 2023
Staff: Greg Morley, Interim Chief Financial Officer
RECOMMENDATION
a. Acting as the City Council adopt a Resolution to update the list of authorized persons who have the authority to transfer funds to and from the City's Local Agency Investment Fund accounts with the resolution titled:
CONSENT ITEMS (CONTINUED)
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING INVESTMENT OF
MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND
RESCINDING RESOLUTION NO. 2009-049"
As the Public Facilities Financing Authority:
b. Acting as the Public Facilities Financing Authority adopt a Resolution to update the list of authorized persons who have the authority to transfer funds to and from the City's Local Agency Investment Fund account with the resolution titled:
"A RESOLUTION OF THE CITY OF SAN BUENAVENTURA PUBLIC
FACILITIES FINANCING AUTHORITY AUTHORIZING INVESTMENT
OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND
RESCINDING RESOLUTION NO. PF2009-001"
Action: Approved recommendation. Resolution No. 2023-033 and Resolution No. FA2023-034.
9. Approval of General Services Agreement for Temporary Staffing Services with AppleOne Employment Services
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
a. Approve and authorize the City Manager to execute a General Services Agreement with AppleOne Employment Services from July 1, 2023 through June 30, 2025 to provide City-wide temporary staffing services to all City departments.
b. Authorize the City Manager or designee the authority to extend the Agreement for up to three, one-year terms following a review of services and fees.
Action: Approved recommendation. Agreement No. 2023-029.
10. Land and Water Conservation Fund Grant Application and Resolution May 22, 2023
CONSENT ITEMS (CONTINUED)
Staff: Nancy O'Connor, Parks and Recreation Director
RECOMMENDATION
a. Adopt a Resolution authorizing the City to submit an application to the Land and Water Conservation Fund requesting $7.9 million dollars for replacement of tennis court surface, tennis court lights, and fencing at Camino Real Park and add up to 12 pickleball courts at an adjacent site at Camino Real Park. Resolution titled:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, APPROVING THE APPLICATION
FOR LAND AND WATER CONSERVATION GRANT FUNDS"
b. Authorize the Parks and Recreation Director, by title, to act as the agent for the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned.
c. Authorize the Finance Department to assign increased appropriations and revenues to the proper programs and accounts for their use as provided in the grant in the event the grant is awarded.
Action: Approved recommendation. Resolution No. 2023-035.
11. Five Year License Agreement between the City of San Buenaventura and American Tower Corporation for Communications Services at Hall Canyon and Willis Peak
May 22, 2023
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Approve the property license agreement between the City of San Buenaventura and American Tower Corporation for the continued use of operating 911 (Emergency) radio communications equipment and existing antenna structures at Hall Canyon (Tower 89321) in the amount of $49,905.96 for FY 2023 and $215,052 for FY 2024 through FY 2027.
b. Approve the property license agreement between the City of San Buenaventura and American Tower Corporation for the continued use of operating 911 (Emergency) radio communications equipment and
CONSENT ITEMS (CONTINUED)
existing antenna structures at Willis Peak (Tower 8029) in the amount of $33,263.88 for FY 2023 and $176,603 for FY 2024 through FY 2027. c. Authorize the City Manager or designee as agent for the City to conduct all negotiations and execute all documents, including without limitation applications, agreements, modifications, and billing statements, with American Tower Corporation relative to the two licenses .
Action: Approved recommendation. Agreement No. 2023-030 and Agreement No. 2023-031.
12. Professional Services Agreement PW23-1104 with Noble Consultants, Inc. for Design Services for Leo Robbins Sailing Center Dock Replacement
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager to execute subject Agreement with Noble Consultants Inc., in the amount of $54,396.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $5,500 for a total not to exceed Agreement amount of $59,896 and a total time extension of 180 calendar days.
Action: Approved recommendation. Agreement No. PW23-1104.
13. Fiscal Year 2023-2024 State Road Repair and Accountability Act of 2017 Proiect List (581)
May 22, 2023
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve the FY 2023-2024 Road Repair and Accountability Act of 2017 Project List
b. Adopt a Resolution for the FY 2024 Project List to add the Telegraph Road Resurfacing Project and the Navigator Drive, Spinnaker Drive/Anchors Way Resurfacing Project to the Road Repair and Accountability Act of 2017 Project List. Resolution titled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPTING THE FISCAL YEAR
2023-2024 LIST OF PROJECTS FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT"
CONSENT ITEMS (CONTINUED)
Action: Approved recommendation. Resolution No. 2023-036.
14. Application for a Low Interest Loan from the California Energy Commission
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Adopt a Resolution authorizing the City Manager , or designee to apply for and accept a $507,896 California Energy Commission Low Interest Loan for the purpose of implementing energy conservation measures at various City facilities.
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, resolutions, and billing statements that may be necessary to accept incentives from Southern California Regional Energy Network and the Department of Energy, and the low interest loan from the California Energy Commission for this energy efficiency lighting upgrade project. c. Upon receipt of loan award, authorize the Finance Department to increase Facilities fund appropriations and revenues in the amount of $507,896 in the appropriate fiscal year(s), project(s), and account(s) for use as provided in the loan.
d. Direct staff to continue working with the Southern California Regional Energy Network and the Department of Energy to pursue rebates or grants which will improve payback and offset costs.
Action: Approved recommendation. Resolution No. 2023-037.
15. Professional Services Agreement PW2021-051 Fourth Amendment with Kennedy Jenks Consultants, Inc. for Engineering Services During Construction on Proiect 97955 - Waterline - Midtown to Westside Interconnect
May 22, 2023
CONSENT ITEMS (CONTINUED)
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute the fourth amendment to Professional Services Agreement PW2021-051 with Kennedy Jenks Consultants, Inc. in the amount of $96,522 for a new contract total of $1,404,455 and a new contract completion date of December 31, 2024.
Action: Approved recommendation. Agreement No. PW2021-051.
16. Professional Services Agreement PW23-1103 with Noble Consultants, Inc. for Design Services for Ventura Pier Repair
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager to execute subject Agreement with Noble Consultants, Inc. in the amount of $74,124 with a contract completion date of August 31, 2024.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $7,500 for a total not to exceed Agreement amount of $81,624 and a total time extension of 180 calendar days.
Action: Approved recommendation. Agreement No. PW23-1103.
17. Adopt a Resolution Expanding the Resident-Initiated Safe Sidewalks Program to Include Curbs and Gutters and Rescind Resolution 2021- 007
May 22, 2023
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Adopt a Resolution expanding the Resident-Initiated Sidewalk Repairs Reimbursement Program Resolution to include repairs to curbs and gutters in addition to sidewalks.
Action: Approved recommendation. Resolution No. 2023-038.
CONSENT ITEMS (CONTINUED)
18. Final 2023 Comprehensive Water Resources Report and Water Shortage Event Update
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Receive the Final 2023 Comprehensive Water Resources Report. b. Confirm that a water shortage stage is not triggered based on current supply and demand projections referenced in the Final 2023 Comprehensive Water Resources Report and triggers as described in the 2020 Water Shortage Event Contingency Plan.
Action: Approved recommendation.
19. Construction Contract with Toro Enterprises, Inc. for Proiect 96938, Lot 19A Temporary Improvements Proiect
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the Mayor to execute subject Agreement with Toro Enterprises, Inc. for Project 96938, Lot 19A Temporary Improvements Project in the amount of $599,000 with a contract completion date of July 31, 2023.
b. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a maximum contingency of $60,000 for a total not-to-exceed Agreement amount of $659,000 and a total time extension of 20 working days.
Action: Approved recommendation. Agreement No. 2023-032.
20. Purchase Order with Core and Main LP to Prepurchase Pipe for the VenturaWaterPure Ocean Outfall Offshore Proiect
May 22, 2023
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve and authorize the Mayor to execute a Purchase Order with Core and Main LP to provide High-Density Polyethylene (HOPE) Pipe for the VenturaWaterPure Outfall Project in the amount of $1,034,642, in accordance with Invitation to Bid No. B 130000727.
Action: Approved recommendation.
PUBLIC H EARi NG ITEM: 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.
21. Historic Landmark Designation Request for the "Brown/Busch House" at 10807 Telegraph Road (PROJ-15099)
May 22, 2023
Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
a. Conduct a Public Hearing.
b. Adopt a Resolution, titled as follows:
"A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA DESIGNATING THE BROWN/BUSCH RESIDENCE
LOCATED AT 10807 TELEGRAPH ROAD A HISTORIC LANDMARK"
Action:
Vote:
No speakers . M/S/C (Halter/Duran) to
approve the staff recommendation.
Resolution No. 2023-039.
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.
22. Adoption of Revised Salary Resolution for Unrepresented Employees Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Adopt a revised Resolution providing for a Systematic Classification of Positions and a Standardization of Salaries of Certain Paid Officers and Employees of the City (Salary Resolution) as of May 22, 2023. 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 FOR
CERTAIN PAID OFFICERS AND EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF MAY 22, 2023"
Action:
Vote:
No speakers. M/S/C (McReynolds/Duran) to
approve the staff recommendation. Resolution
No. 2023-040.
All Ayes
23. Amendment of the Compensation and Terms of the City Attorney's Employment Agreement
May 22, 2023
Introduced by: Joe Schroeder, Mayor
RECOMMENDATION
Adopt a Resolution amending the compensation and terms of the City Attorney's Employment Agreement No. 2022-019, and approve Amendment the second amendment to said Agreement, providing a five percent merit increase in accordance with the City Attorney's Employment Agreement, Section 4 .4.
Public Speakers:
Action:
Spencer Noren
M/S/C (Duran/Halter) to approve the staff
recommendation. Resolution No. 2023-041.
Agreement No. 2022-019.2.
FORMAL ITEMS (CONTINUED)
Vote:
Action:
Vote:
All Ayes
M/S/C (Johnson/McReynolds) to continue the
meeting beyond 11 pm per the City Council
Protocols.
All Ayes
24. Olivas Park Drive Roadway Extension and Levee Notice of Bid Advertisement
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Receive and file this report.
Action: No speakers. Received and filed report.
Council Recess 9:35 p.m. - 9:54 p.m.
25. Term Sheet with KB Home for 2325 Vista Del Mar (APN: 080-0-020-275) Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
May 22, 2023
Deny the request for a Local Coastal Program Amendment, unless KB Home agrees to a Development Agreement, funded by the applicant, that:
a. Includes the agreed-upon terms, as outlined in the staff report; b. Uses the Interim lnclusionary Housing Ordinance requirement of 20% moderate-income units for the for-sale units; and
c. Requires the City to initiate the Local Coastal Program Amendment process within 30 days of executing the Development Agreement.
Supplemental Packet: Communication posted online.
Public Speakers: Haggai Mazier, Lilith, Chris Reinhart, Patty Overley, Alexandra Brown, George Amandola,
Jeff Klemme, Roger Osborne, Roger Osborne,
Christy Weir, Amy Cherrie, Chris Roberts, Alex
Mangone, Terry Foley, Karen Flock, Mark
Sirota, Stephanie Caldwell, Glenn Overley,
FORMAL ITEMS (CONTINUED)
Action:
Vote:
Action:
Vote:
Action:
Vote:
PUBLIC COMMUNICATIONS
Spencer Noren, Shirley Kelly, Jackson Piper,
Karba, Star Weivoda, Mark Martinez Velasquez
M/S/C (Halter/McReynolds) to approve the staff
recommendation with the following revisions:
Encourage the developer to study 9-20 units per
acre and all electric units, to direct staff to return
with a Development Agreement by the
December 18, 2023 meeting, and the applicant
will pay the applicable fees at the time of
entitlement.
Ayes: Duran, McReynolds, Halter, Deputy
Mayor Dr. Sanchez-Palacios, and Mayor
Schroeder; Noes: Campos, Johnson; Abstain:
None; Absent: None
M/S/F (Johnson/Campos) to deny the request
for the LCPA and pursue a Specific/Corridor
Plan.
Ayes: Johnson, Campos, Deputy Mayor Dr.
Sanchez-Palacios; Noes: Duran, McReynolds,
Halter, and Mayor Schroeder; Abstain: None;
Absent: None
M/S/C (Duran/McReynolds) to hear a new item
after 10 pm per the City Council Protocols.
Ayes: Duran, McReynolds, Deputy Mayor Dr.
Sanchez-Palacios, and Mayor Schroder; Noes:
Johnson, Halter, Campos; Abstain: None;
Absent: None
Public Speakers: Burt Handy, Spencer Noren, Karba, Trevor Gotsman
ADJOURNMENT
Adjourned at 11 :09 p.m.
Meeting adjourned in honor of Matthew Clapsaddle.
I hereby certify that this is a true and correct record of the City Council meeting held on May 22, 2023.
~~1' M~ ~
Mictiael B. MacDonald, CMC
City Clerk
May 22, 2023