August 7, 2023 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
MONDAY, AUGUST 7, 2023
C
LOSED 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
C
ouncilmembers:
DISTRICT 1 – LIZ CAMPOS DISTRICT 6 – JIM DURAN
DISTRICT 2 – DOUG HALTER DISTRICT 5 – BILL MCREYNOLDS
DISTRICT 3 – MIKE JOHNSON DISTRICT 4 – DR. JEANNETTE SANCHEZ-
PALACIOS, DEPUTY MAYOR
Donald Penman
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.
T
o access the meeting remotely: Join the WebEx meeting live at :
https://cityofventura.webex.com/cityofventura/j.php?MTID=m5997d6ccf869bb2e90ca0eccd45da00f T
o 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: 2550 653 0140 P
lease be mindful that the meeting will be recorded, and all rules of procedure and decorum apply for in- person attendees and those participating virtually.
T
o 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 T
his 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. 1 August 7, 2023 Ventura City Council Agenda
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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
Guzman v. State of California, et al.
VCSC Case No. 56-2021-00560435-CU-PA-VTA / 2021-00564435-CUPA Authority: Government Code Section 54956.9(d)(1)
2. CO NFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION McMillan v. County of Ventura, et al.
VCSC Case No. 2023-CUPP-008521
Authority: Government Code Section 54956.9(d)(1)
3. CO NFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION City of San Buenaventura v. Sandra J. Lykins, et al.
VCSC Case No. 56-2022-00571594-CU-OR-VTA
Authority: Government Code Section 54956.9(d)(1)
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Claimant: Brian Hewlett
Date of Injury: July 2, 2020
WCAB Case Number(s): ADJ13461524
Authority: Government Code Section 54956.9 (d) (1)
ADJOURNMENT: Adjourn to Regular Meeting.
___________________________________________________________________________________
CALL TO ORDER – R EGULAR 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
CLOSED SESSION REPORT
2 August 7, 2023 Ventura City Council Agenda
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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
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.
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. Request for Authorization to Amend Outside Counsel Services Agreement with the Law Firm of Best, Best & Krieger, LLP for the Pending Litigation Matter Santa Barbara Channelkeeper v. State Water Resources Control Board and the City of San Buenaventura
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into an amended legal services agreement with the law firm of Best, Be st and Krieger, LLP in an amount not to exceed an additional $460,000 to continue representation of the City in the litigation matter of Santa Barbara Channelkeeper v. State Water Resources Control Board and the City of San Buenaventura, Los Angeles County Superior Court Case No. 19STCP01176 (formerly San Francisco County Superior Court Case No. CPF-14-513875), and related matters.
3. Designation of Voting Delegate – 2023 Cal Cities General Assembly
Introduced by: Joe Schroeder, Mayor
RECOMMENDATION
Confirm the Mayor’s appointment of Deputy Mayor Dr. Sanchez -Palacios as the City’s voting delegate for the 2023 Cal Cities General Assembly. 3 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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4. Amend the Municipal Code to Replace Gender-Specific Language with Gender-Neutral Language
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
a. Introduce and approve the first reading of an Ordinance amending the municipal code to replace gender -specific language with gender - neutral language. Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING THE MUNICIPAL
CODE TO REPLACE GENDER -SPECIFIC LANGUAGE WITH
GENDER-NEUTRAL LANGUAGE”
b. Set the second reading of the Ordinance for the regular meeting of September 11, 2023.
5. Professional Services Agreement Work Order with Environmental Science Associates, Inc. to Prepare an Environmental Impact Report for PROJ 23-0294 College Community Courts
Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
a. Authorize the Community Development Director to issue a Work Order under Professional Services Agreement No. 2019- 006 with Environmental Science Associates, Inc. to prepare an environmental document in compliance with CEQA requirements for PROJ -23-0294 in an amount not to exceed $267,763 including the deposit of $20,000 per the FY 2023- 2024 Master Fee Schedule, to be paid by People’s Self Help Housing Corporation.
b. Upon receipt of the payment from the applicant, authorize the Finance Department to increase revenue and expenditure appropriations as necessary for the execution of this Professional Services Agreement Work Order.
4 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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6. Professional Services Agreement No. P2023 -083 First Amendment with Carahsoft for Identity and Access Management Services
Staff: Mitchell Cameron, Chief Technology Officer
RECOMMENDATION
a. Approve and authorize the City Manager to execute the first amendment to the Professionals Services Agreement No. P2023-083 with Carahsoft in the amount of $218,405.
b. Authorize the City Manager, or designee, to execute modifications to the professional services agreement with Carahsoft in the amount of $43,681, for a new total not-to-exceed amount of $312,184.
7. Memorandum of Understanding for Ventura County Regional SB 1383 Food Recovery Plan
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute the Memorandum of Understanding for the Ventura County Regional SB 1383 Food Recovery Plan.
8. Professional Services Agreement 2018 -047 Fourth Amendment with Simpson Gumpertz & Heger on Project 69011 - City Hall Terra Cotta Maintenance
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute the Fourth Amendment for the Professional Services Agreement 2018- 047 for an extension of term with Simpson Gumpertz & Heger to June 30, 2024.
5 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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9. Acceptance of California State Coastal Conservancy Grant for Construction of the Surfers Point Managed Retreat Phase 2 Project
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Authorize the Mayor to execute a Resolution accepting grant funding from the California State Coastal Conservancy for the purpose of funding the construction phase of the Surfers Point Managed Retreat Phase 2 Project.
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, agreements, amendments, and billing statements that may be necessary to accept the grant and complete the project.
c. Authorize the Finance Department to make the necessary appropriations adjustment in the General and Categorical Grant Fund.
10. Bid Re jection for a Construction Contract for Project 91083, Street Resurfacing – Northbank, Ventura Blvd to Johnson
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Reject the single bid received on July 6, 2023 from Toro Enterprises, Inc. for Project 91083, Street Resurfacing – Northbank, Ventura Blvd to Johnson.
b. Authorize the Public Works Director to rebid Project 91083, Street Resurfacing – Northbank, Ventura Blvd to Johnson by combining the project scope with other projects included in the FY 2024- 28 Capital Improvement Program.
6 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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11. Agreement for Reimbursement of Certain Expenses on the Parklands Project to Bajo Ventura, LLC
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and Authorize the Mayor or designee to execute the Reimbursement Agreement outlining the cost sharing arrangement for the Telegraph Road/Wells Road traffic signal upgrade.
b. Authorize appropriations increase in the amount of $236,883 from General Fund balance.
12. Maintenance and Access Agreement for the Mar -Y-Cel Project at the Northeast Corner of South Ventura Avenue and Thompson Boulevard
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor, or designee, to execute the attached Agreement with CRP -GREP VENTURA 140 OWNER, LLC, regarding access and on-going maintenance for public improvements constructed as part of the Mar-Y-Cel project.
13. Reimbursement Agreement Between the Ventura Unified School District and the City of Ventura Regarding Crossing Guards for Fiscal Year 2024
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Approve and authorize the Mayor to execute the first amendment to agreement 2022- 053 for reimbursement between the Ventura Unified School District and the City of Ventura regarding crossing guards for Fiscal Year 2024 in the amount of $95,512.
7 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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14. Professional Services Agreement No. 2019 -124 Third Amendment with WaterWise Consulting, Inc. for the Turf Replacement Rebate Program
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve and authorize the City Manager , or their designee, to execute an amendment to the Professional Services Agreement with WaterWise Consulting, Inc. (Agreement No. 2019- 124) for administration of the WaterWise Turf Replacement Rebate Program; increase the agreement amount by $30,500 for a total not to exceed amount of $863,020.
15. Grand Jury Response – Water Availability for Wildfires in Ventura County, June 12, 2023
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDAT
ION
Review and receive the Grand Jury Response Report on Water Availability for Wildfires in Ventura County and authorize the Ventura Water General Manager to submit the response.
16. Professional Services Agreement No. 2022 -023 Second Amendment with Hamner, Jewell, & Associates, Inc. to P rovide Easement Acquisition Services for the VenturaWaterPure Program
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or their designee, to execute the Second Amendment to Professional Services Agreement No. 2022- 023 with Hamner, Jewell, & Associates in the amount of $56,500 for a new contract not-to-exceed amount of $147,525.
b. Authorize the City Manager, or their designee, to execute amendments to the Agreement in an amount up to $5,650 in contingency funding.
8 CONSENT ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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17. Professional Services Agreement with La Salle Solutions to Provide Owner Controlled Insurance Program Services for the
VenturaWaterPure Program
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or their designee, to execute a Professional Services Agreement with La Salle Solutions, initial term August 7, 2023 to December 31, 2024, for a total not-to-exceed amount of $200,695, including $18,245 in contingency.
b. Authorize the City Manager, or their designee, to execute amendments, if necessary, to extend the term of the agreement for up to 365 days or modify the Schedule of Compensation in an amount not -to-exceed $18,245 in order to accommodate the need for additional time or scope if required, pursuant to San Buenav
entura Municipal Code Section
4.600.200.
18. Memorandum of Agreement with Wishtoyo and Heal the Bay regarding the Tertiary Treated Flows Consent Decree
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Authorize the City Manager, or their designee, to execute a Memorandum of Understanding regarding the Tertiary Treated Flows Consent Decree.
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PUBLIC HEARING ITEM S: 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.
19. Appeal of the Planning Commission’s Approval of a Mixed -Use Development with 94 Units and 3,181 Square Feet of Ground Floor Commercial Space Known as the Two Eleven Project (PROJ-22-0092) - Case Nos. APL -07-23-0001, MDR -07-22-0005, CDP -07-22-0007 and LLA-07-22-0002
Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
a. Conduct a public hearing and determine that the project is categorically exempt per the Infill Development Projects – Class 32 exemption of the California Environmental Quality Act (CEQA) Guidelines.
b. Adopt a Resolution denying the appellant’s appeal and upholding the Planning Commission approval of Design Review, Coastal
Development Permit, Lot Line Adjustment, and Density Bonus Concessions and Waivers in compliance with State Density Bonus Law (Government Code Section 65915 Et. Seq.) for the Two Eleven project, a mixed-use development with 94 units, including 13 very low -income units, 7 live/work units, and 3,181 sq
uare feet of ground floor
commercial space located at 211, 231, and 245 Thompson Boulevard, Project 22- 0092, case numbers APL- 07-23-0001, MDR -07-22-0005, CDP-07-22-0007, and LLA-07-22-0002. Resolution titled:
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA DENYING THE APPELLANT’S APPEAL AND
UPHOLDING THE PLANNING COMMISSION APPROVAL OF
DESIGN REVIEW, COASTAL DEVELOPMENT PERMIT, LOT LINE
ADJUSTMENT AND DENSITY BONUS CONCESSIONS AND
WAIVERS IN COMPLIANCE WITH STATE DENSITY BONUS LAW
(GOVERNMENT CODE SECTION 65915 ET. SEQ.) FOR THE TWO
ELEVEN PROJECT, A MIXED-USE DEVELOPMENT WITH 94 UNITS,
INCLUDING 13 VERY LOW -INCOME UNITS, 7 LIVE/WORK UNITS, AND 3,181 SQUARE FEET OF GROUND FLOOR COMMERCIAL
SPACE LOCATED AT 211, 231, AND 245 THOMPSON BOULEVARD”
10 PUBLIC HEARING ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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20. Consideration for the Readoption of the Sixth Cycle Housing Element (2021-2029)
Staff: Neda Zayer, Interim Community Development Director
RECOMMENDATION
a. Conduct a public hearing.
b. Approve an Addendum to the 2005 General Plan Final Environmental Impact Report.
c. Adopt a Resolution approving a General Plan Amendment to update the Housing Element and Technical Background Report, titled as follows:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA APPROVING A GENERAL PLAN AMENDMENT TO
ADOPT THE SIXTH CYCLE HOUSING ELEMENT”
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.
21. Amendment of the Compensation and Terms of the City Attorney’s Employment Agreement
Introduced by: Joe Schroeder, Mayor
Jeannette Sanchez-Palacios, Deputy Mayor
RECOMMENDATION
Adopt a Resolution amending the compensation and terms of the City Attorney’s Employment Agreement No. 2022 -019, providing a 3% cost-of- living adjustment, in accordance with the City Att orney’s revised and restated Employment Agreement, Section 4A.
11 FORMAL ITEMS (CONTINUED)
August 7, 2023 Ventura City Council Agenda
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22. Adoption of a Resolution Appointing William Ayub to the Position of City Manager and Approving an Employment Agreement that Establishes Salary and Benefits for the Position of City Manager
Introduced by: Joe Schroeder, Mayor
Jeannette Sanchez-Palacios, Deputy Mayor
RECOMMENDATION
Adopt a Resolution appointing William Ayub to the position of City Manager and approving an employment agreement that establishes salary and benefits for the position of City Manager effective August 8, 2023.
23. City Charter Evaluation and Amendment Process
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Receive this report and a presentation on the process to evaluate potential changes to the City Charter, and direct staff to schedule a workshop for the Council to
consider and propose specific limited amendments or a
wholesale update.
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.
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Live Spanish interpretation will be available. No advanced request for interpretation services required.
La
traducción al español estará disponible en vi vo. 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:
• Cit
y Council Protocols which includes Rules of Decorum for the Public • City Council Goals
• Budget Principles
• City Charter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ This agenda was posted on Tuesday, August 1, 2023, at 2:30 p.m. in the City Clerk’s Office, on the City Hall Public Notices Board and on the internet.
M
ichael B. MacDonald, CMC
City Clerk
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