April 9, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
TUESDAY, APRIL 9, 2024
CLOSED SESSION – 4:00 P.M.
REGULAR MEETING - 5:00 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=m7a1ac3c735b30175c0ba4e214e8d5f50 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: 2554 909 1222 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 3:00 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 April 9, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
CALL TO ORDER – CLOSED SESSION – 4:00 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code Section 54957
2. CONFERENCE WITH LABOR NEGOTIATORS
City Negotiators: Mayor, Deputy Mayor
Unrepresented Employee: City Attorney
Authority: Government Code Section 54957.6
3. CONFERENCE WITH LEGAL COUNSEL
Significant Exposure to Litigation - One Case
Authority: Government Code Section 54956.9(d)(2)
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Claimant: Sonia Nims
Date of Injury: March 24, 2005 - October 26, 2020
WCAB: ADJ14638378; Claim Number: 21010843
Authority: Government Code Section 54956.9 (d)(1)
ADJOURNMENT: Adjourn to Regular Meeting.
___________________________________________________________________
CALL TO ORDER – REGULAR SESSION – 5:00 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
2 April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• CAPS Annual Report
• Fair Housing Month Proclamation
• 30 Year Business Recognition for Taqueria Tepatitlan
• Migrant Education Program Regional Speech and Debate Tournament Recognition
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
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) Publi c 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. Legal Services Agreement Amendment with Best, Best & Krieger for Outside Counsel On Call Services
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 to an amount not to exceed $1,025,000 (increase of $250,000).
3 CONSENT ITEMS (CONTINUED)
April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
3. Resolutions Confirming and Renewing the Existence of Two Local Emergencies for High Surf Conditions in December 2023 and January 2024 and for Early February 2024 Storms
Staff: Andy Heglund, City Attorney
RECOMMENDATION
a. Adopt a Resolution confirming and renewing the Director of Disaster Services’ / City Manager’s proclamation of the existence of a local emergency, ratified by City Council, as a result of high surf conditions and associated damage and requesting the Govern or to make funds available to assist with recovery. Resolution titled as follows:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, CONFIRMING AND RENEWING
THE PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY FOR THE HIGH SURF EVENTS OF LATE DECEMBER
2023 AND EARLY JANUARY 2024”
b. Adopt a Resolution confirming and renewing the Director of Disaster Services’ / City Manager’s proclamation of the existence of a local emergency, ratified by City Council, as a result of an atmospheric river and severe storms and associated damage and requesting the Governor to make funds available to assist with recovery. Resolution titled as follows:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, CONFIRMING AND RENEWING
THE PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY FOR THE EARLY FEBRUARY 2024 STORMS”
4. Investigation Results for Allegation Made by Councilmember Campos Staff: Andy Heglund, City Attorney
RECOMMENDATION
Receive and file this Staff Report with the Executive Summary for the confidential Investigation Report attached.
4 CONSENT ITEMS (CONTINUED)
April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
5. Adopt a Resolution Updating the Conflict of Interest Code for the City of San Buenaventura, Updating Designated Employees, Officers, and Disclosure Categories
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Adopt a Resolution updating the Conflict of Interest Code for the City of San Buenaventura, updating designated employees, officers, and disclosure categories and rescinding Resolution No. 2020-057. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA UPDATING DESIGNATED
EMPLOYEES, OFFICERS, AND DISCLOSURE CATEGORY LIST FOR
FAIR POLITICAL PRACTICES ACT REQUIREMENTS (CONFLICT OF
INTEREST) AND RESCINDING RESOLUTION NO. 2020- 057”
6. City Council Quarterly Travel Report
Staff: Bill Ayub, City Manager
RECOMMENDATION
Receive and file the Travel Report for Quarter 3 of Fiscal Year 2023/24.
7. Local Agency Developer Improvement Fee Report for Fiscal Year ending June 30, 2023 as required by the Mitigation Fee Act and the Quimby Act
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
a. Accept the City’s annual report and findings regarding developer fees.
b. Approve the reauthorization of the intended use of retained funds collected for improvements that remain unspent for more than five years.
5 CONSENT ITEMS (CONTINUED)
April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
8. Designation of Agents for Governor’s Office of Emergency Services
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
Adopt a Resolution designating the City Manager, Chief Financial Officer, and the Emergency Services Manager as agents for the City of San Buenaventura with the Governor’s Office of Emergency Services.
9. Construction Contract PW24 -1134 with Taft Electric, Inc. and Professional Services Agreement PW23 -1115 with Kimley -Horn and Associates, Inc. for Project 69023 - Traffic Signal Communications System Upgrade
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve the Traffic Signal Communications System Upgrade project and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15301 (c) of the CEQA guidelines because it is considered t he repair, maintenance, or minor alteration of an existing street, sidewalk and gutter involving negligible or no expansion of an existing use.
b. Relieve Innovative Engineering Systems, Inc. dba Agilitech from its bid submitted on February 24, 2024, due to a bid error pursuant to Public Contract Code sections 5101 and 5103 and award construction contract to second lowest bidder.
c. Waive all minor bid irregularities, approve and authorize the City Manager, or designee, to execute subject Agreement with Taft Electric, Inc. in the amount of $13,350,226 with a contract completion date of December 31, 2025.
d. Authorize the City Manager, or designee, to execute future amendments to the Construction Contract Agreement up to a total maximum contingency of $1,335,023 for a total not -to-exceed Agreement amount of $14,685,249 and a total time extension of 300 days.
e. Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Kimley -Horn and Associates, Inc. in the amount of $65,000 with a contract completion date of December 31, 2025.
6 CONSENT ITEMS (CONTINUED)
April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
f. Authorize the City Manager, or designee, to execute future amendments to Professional Services Agreement up to a total maximum contingency of $6,500 for a total not to exceed Agreement amount of $71,500 and a total time extension of 300 calendar days.
g. Authorize the Finance Department to increase CIP appropriation and budget in the applicable fiscal years to support the project.
10. Professional Services Agreement 2022 -069 First Amendment with DKF Solutions, LLC for State Water Resources Control Board and CalOSHA Compliance and Training Modules for Ventura Water and Wastewater Staff (Supplemental Material Provided)
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the First Amendment to Professional Services Agreement 2022 -069 with DKF Solutions, LLC for State Water Resources Control Board and Cal/OSHA Compliance Program and Training Modules for Ventura Water and Wastewater staff for a contract amount of $297,501 and contingency amount of $29,750 for a Not-to-Exceed total of $327,251.
b. Authorize the City Manager, or designee, to execute future amendments to the Professional Service Agreement during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code, in an amount not to exceed $29,750 in contingency.
11. Professional Services Agreement 2021 -058 with Stantec Consulting Services, Inc. for Assistance with Implementing the Pre -Construction Assessment Program (Supplemental Material Provided)
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Authorize the City Manager, or designee, to execute the Fifth Amendment to Professional Service Agreement 2021 -058 with Stantec Consulting Services, Inc., extending the term from July 1, 2024 to June 30, 2025, and increasing the contract amount by $656,464 for new not -to-exceed total of $2,412,189 pursuant to Section 4.600.200 of the Municipal Code.
7 April 9, 2024 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 th e 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.
12. Adoption of User and Regulatory Fees
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
a. Hold a Public Hearing.
b. Adopt the proposed User Fee Resolution and Schedule, to be effective July 1, 2024.
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.
13. Deferral of Impact Fees and Taxes for the College Community Courts
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Adopt a Resolution authorizing the City Manager, or designee, to enter into and negotiate a Deferred Impact Fee Loan Agreement on behalf of the City for the College Community Courts project. Resolution titled:
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND NEGOTIATE A DEFERRED
IMPACT FEE LOAN AGREEMENT ON BEHALF OF THE CITY FOR
THE COLLEGE COMMUNITY COURTS PROJECT”
b. Authorize the City Manager, or designee, to execute a Deferred Impact Fee Loan Agreement.
c. Authorize the City Manager, or designee, to provide a letter of commitment that fees will be deferred to help support PSHHC in applying for the 4% and 9% California Tax Credit Allocation Committee (CTCAC) application with the state.
8 FORMAL ITEMS (CONTINUED)
April 9, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
14. Business Tax Analysis and Ordinance Review
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
Approve and direct staff to pursue amending the Business License Tax Ordinance through a November ballot measure as proposed by staff, Model 3C of Business Tax Analysis & Ordinance Review.
15. Stormwater Regulations, Watersheds, and Water Quality Update
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Receive a presentation providing an update on the City’s Stormwater Compliance Program.
16. Pierpont Beach Management Plan Update
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Receive a presentation providing an update on the progress of developing a Pierpont Beach Management Plan.
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) Publi c 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, bu t 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.
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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 me eting 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 Tuesday, April 2, 2024, at 5:30 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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