December 4, 2023 Ventura City Council Agenda
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CITY COUNCIL AGENDA
MONDAY, DECEMBER 4, 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 – DR. JEANNETTE SÁNCHEZ-
PALACIOS, DEPUTY MAYOR
Bill Ayub
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=m835a2721245a7df9f77e8a8a6b159380 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 504 0088 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 . 1 December 4, 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
Significant Exposure to Litigation: Two Cases – Shore Drive Nuisance Allegations by (1) Deshaies/Silvera Trust and (2) Kapitz Trust
Authority: Government Code §54956.9(d)(2)
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Iralex Investments, Inc. v. City of San Buenaventura Ventura County Superior Court Case no.: 56-2022-00572920-CU-MC-VTA / 202200572920CUMC
Authority: Government Code §54956.9(d)(1)
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
• Ventura County Broadband Strategic Project Presentation • Pier into the Future Special Presentation
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.
CITY MANAGER COMMUNICATIONS
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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 Rep ort.
1. Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived.
2. Cardroom Table Allocation
Staff: Bill Ayub, City Manager
RECOMMENDATION
a. Adopt a Resolution to offer 19 tables to each of the three licensed, or provisionally licensed cardroom entities.
b. Authorize the City Manager, or designee, to grant tables to the cardroom entities upon receipt of written acceptance of the table grant from any of the three entities on or by December 20, 2023.
3. Purchase Order for Ventura Pier Storm Damage Repairs to Cushman Contracting Corporation
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a Purchase Order with Cushman Contracting Corporation for the Ventura Pier Storm Damage Repairs in the amount of $ 760,850, in accordance with Request for Proposal P-130000740.
b. Authorize the City Manager, or designee, to execute change orders to subject purchase order up to a total maximum contingency of $76,000 for a total not to exceed amount of $ 836,850.
3 CONSENT ITEMS (CONTINUED)
December 4, 2023 Ventura City Council Agenda
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c. Authorize the Finance Department to transfer $52,304 from the Facilities Maintenance Fund 65 to General Fund 01 to support the City’s cost share of the repair.
4. Grant Applicant to the California Department of Resources Recycling and Recovery related to Senate Bill 1383 Local Assistance Grant Program
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Adopt a Resolution authorizing the Public Works Director, or designee, to submit an application to the California Department of Resources Recycling and Recovery for any and all grants related to the Senate Bill 1383 Local Assistance Grant Program. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA AUTHORIZING SUBMITTAL OF INDIVIDUAL
GRANT APPLICATIONS FOR SENATE BILL 1383 LOCAL
ASSISTANCE GRANT PROGRAM”
b. Authorize the City Manager, or designee, 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 projects and accounts for their use as provided in the grant upon award.
5. Purchase of Police Patrol Vehicles
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and Authorize the City Manager, or designee, to execute a purchase order with National Auto Fleet Group not to exceed $581,772 for the purchase of eleven (11) Dodge Durango Police patrol vehicles. 4 CONSENT ITEMS (CONTINUED)
December 4, 2023 Ventura City Council Agenda
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b. Authorize the City Manager, or designee, to execute a change order to the above purchase order in a contingency amount not to exceed $25,000 pursuant to Section 4.600.200 of the Municipal Code for a total not-to-exceed amount of $606,772.
c. Authorize appropriations increase to the Fiscal Year 2024 Budget in the amount of $100,000 from Fleet Maintenance Fund 64.
6. Memorandum of Understanding with Casitas Municipal Water District regarding Water Rates for Calendar Years 2024, 2025, and 2026 Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Authorize the City Manager, or designee, to execute a Memorandum of Understanding with Casitas Municipal Water District regarding Casitas water rates for Calendar Years 2024, 2025, and 2026.
7. Avenue Treatment Plant Membrane Replacement
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Authorize the City Manager, or designee, to execute an agreement with Zenon Environmental Corporation (Veolia) in an amount not to exceed $459,779, including a $21,895 contingency, for the purchase of the replacement train and membrane modules at the Avenue Treatment Plant.
b. Authorize an increase in budget appropriations in the Water Capital Fund (Fund 72) in the amount of $459,779.
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PUBLIC HEARING ITEM: 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.
8. Resolution Adopting the Active Transportation Plan
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Conduct a public hearing.
b. Determine that the adoption of the Active Transportation Plan is exempt from review under CEQA and qualifies for a Statutory Exemption under SB 922 as an active transportation plan that promotes and encourages residents to choose walking or bicycling through the creation of the safe, comfortable, connected, and accessible pedestrian and bicycling networks pursuant to Public Resource Code Section 21080.20. Adopt the Active Transportation Plan by Resolution.
c. Adopt a Resolution adopting the City of Ventura’s first ever Active Transportation Plan. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPTING AN ACTIVE
TRANSPORTATION PLAN”
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.
9. 2024 General Election Expenditure Ceiling and Contribution Limits Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Adopt the 2024 General Election Expenditure Ceiling of $50,000 and establish the limit to single source contributions to $400 for a City Council candidate accepting the voluntary expenditure limit and $200 for a candidate that declines the limit per SBMC 2.215.
6 FORMAL ITEMS (CONTINUED)
December 4, 2023 Ventura City Council Agenda
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10. Resolution of Intention and First Reading of an Ordinance to Amend the California Public Employees’ Retirement System (CalPERS) Contract for Police Sworn Classic Members
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
a. Adopt a Resolution of Intention to approve an amendment to the Contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of San Buenaventura.
b. Introduce an Ordinance authorizing an amendment to the contract between the City Council of the City of San Buenaventura and the Board of Administration of the Public Employees’ Retirement System.
Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE COUNCIL OF THE CITY OF
SAN BUENAVENTURA AND THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM”
c. Set the second reading of the Ordinance for January 9, 2024.
11. Facilities Program Update (Continued from October 16, 2023) Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
Receive an update on city -owned Facilities, their current condition, and plans for repairs, maintenance, and rehabilitation efforts to provide healthy and safe facilities for the City of Ventura.
7 FORMAL ITEMS (CONTINUED)
December 4, 2023 Ventura City Council Agenda
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12. Amend the Capital Improvement Program Workplan to Add Project 93113 – City Hall and Council Chamber ADA Improvements and approve the First Amendment to Task Order No. 001 for Agreement No. PW22 -1037 with KBZ Architects, Inc. for Architectural Design Services
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Amend the Fiscal Year 2024 -2028 Capital Improvement Program Workplan to add Project 93113 – City Hall and Council Chambers ADA Improvements.
b. Approve and authorize the City Manager, or designee, to execute subject Amendment with Kruger Bensen Ziemer Architects, Inc. (KBZ) for a total not-to-exceed amount of $95,390 with a contract completion date of June 30, 2024.
c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum
contingency of $10,000 for a total not -to-exceed Agreement amount of $105,390 and a total time extension of 180 calendar days. d. Authorize an increase to the Fiscal Year 2024 CIP Appropriation in the amount of $516,000 from General CIP Funds (Fund 04) and authorize the Finance Department to assign increased budget appropriation and revenues to the proper project(s) and account(s). e. Authorize the use of $516,000 from the One -Time Investment Plan funds that are dedicated to City Hall Repairs and Third Floor Buildout and authorize the Finance Department to make the necessary budget adjustments for the use of this funding, including the transfer between funds.
f. Receive an update on the completed ADA Accessibility analysis and recent reasonable accommodations and improvements.
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. 8 December 4, 2023 Ventura City Council 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 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.
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 Monday, November 27, 2023, at 5:00 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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