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 DISTRICT 1 - LIZ CAMPOS
DISTRICT 2 - DOUG HALTER
DISTRICT 3 - MIKE JOHNSON
Bill Ayub
City Manager
JOESCHROEDER,MAYOR
Cou ncilmembers:
DISTRICT 6 - JIM DURAN
DISTRICT 5 - BILL MCREYNOLDS
DISTRICT 4 - DR. JEANNETTE SANCHEZ-
Andrew Heglund
City Attorney
PALACIOS, DEPUTY MAYOR
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/718Nideos or on YouTube at https://www.YouTube.com/cityofventura/live.
To access the meeting remotely: Join the Web Ex meeting https://cityofventura.webex.com/cityofventura/j.php?MTID=m7alac3c735b30175c0ba4e214e8d5f50 live at:
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 .
April 9, 2024 Ventura City Council Minutes
www.cityofventura .ca.gov
CALL TO ORDER - CLOSED SESSION: 4:00 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Duran, McReynolds, Johnson, Halter,
Campos, Deputy Mayor Dr. Sanchez-Palacios and Mayor
Schroeder
None
Mayor Schroeder presiding
PUBLIC COMMUNICATIONS: None
CLOSED SESSION: Te/econferenceNideo 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: 5:04 p.m.
CALL TO ORDER - REGULAR SESSION: 5:06 p.m.
April 9, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
2 ROLL CALL
Present:
Absent:
Councilmembers Duran, McReynolds, Johnson, Halter, Campos, Deputy Mayor Dr. Sanchez-Palacios and Mayor Schroeder
None
Mayor Schroeder presiding
PLEDGE OF ALLEGIANCE: Councilmember McReynolds
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 Attorney Andy Heglund reported that there was no reportable action.
CITY COUNCIL COMMUNICATIONS
CITY MANAGER COMMUNICATIONS
PUBLIC COMMUNICATIONS:
Supplemental Packet: Communications posted online.
Public Speakers: Scott McCarty, William Gohlke, John Dudik, Greg lbers, Kevin Rennie, Richard Lopez, Ted Alan, Paul Engel, Michael Dovgin, Paul Copley, William Gallagher, KC Rodriguez, Nervonica, Matty Park, Mike Truex, Sean Barber, Brian Cargille,
Stephanie Caldwell, Sean Weisman, Trevor Gotsman, Glenn Overley, Patty Overley
April 9, 2024 Ventura City Council Minutes
www.cityofventura.ca.gov
3 CONSENT ITEMS:
Supplemental Packet: Communications posted online.
KC Rodriguez, Glenn Overley Public Speakers:
Action:
Vote:
M/S/C (Johnson/Sanchez-Palacios) to approve the
consent items, excluding Item 4 and Item 9, in one
motion as presented.
All Ayes
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).
Action: Approved recommendation.
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
April 9, 2024
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 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 HIGH SURF EVENTS OF LATE DECEMBER
2023 AND EARLY JANUARY 2024"
Ventura City Council Minutes
www .cityofventura .ca.gov
4 CONSENT ITEMS (CONTINUED)
4. April 9, 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"
Action: Approved recommendation. Resolution 2024-15 and Resolution 2024-16
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.
Councilmember Johnson's Official Statement:
This situation arises from a dispute over what happened in Closed Session in May of 2023. I was not at that closed session. I did not recuse myself on the only agenda item; I was specifically not invited to the meeting by the City Attorney. I objected to the City Attorney about these issues in advance of the meeting. I am suing the city over these issues - not for money, but just to cure and correct any Brown Act violations.
Later, I voted in closed session to continue the investigation into Councilmember Campos' allegations, as I was the only person who was not in the room when it happened.
The investigation completed. There was a full report which I was never allowed to see. All I have seen is the brief executive summary which was attached to the staff report. What I know, from the executive summary, is simply that bullying or harassment probably didn't occur. The executive brief explains it relies on a standard of "more likely than not."
Ventura City Council Minutes
www.cityofventura .ca.gov
5 CONSENT ITEMS (CONTINUED)
Last, I will note that at our March 26, 2024 Closed Session meeting, where we were discussing what to do about this report, I made a motion to direct the City Attorney to make and keep a confidential audio recording of the meeting in case there should be some dispute over what was said . That motion failed for a lack of second, so there is no recording. Councilmember Campos was absent.
Mayor Schroeder, Deputy Mayor Sanchez-Palacios, Councilmembers Halter, McReynolds, and Duran all opposed having an audio recording made of our last closed session meeting. Whether they're campaigning for election or not, residents who care about these things should ask them why.
Public Speakers: Cherie Ebgert, KC Rodriguez, Patty Overley Action:
Vote:
M/S/C (McReynolds/Duran) to approve the staff
recommendation.
Ayes: Duran, McReynolds, Halter, Deputy Mayor Dr.
Sanchez-Palacios, Mayor Schroeder; Noes: Johnson;
Abstain: Campos; Absent: None
5. Adopt a Resolution Updating the Conflict of Interest Code for the City of San Buenaventura, Updating Designated Employees, Officers, and Disclosure Categories
April 9, 2024
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''
Action: Approved recommendation. Resolution 2024-17
Ventura City Council Minutes
www .cityofventura.ca .gov
6 CONSENT ITEMS (CONTINUED)
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.
Action: Approved recommendation.
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.
Action: Approved recommendation.
8. Designation of Agents for Governor's Office of Emergency Services April 9, 2024
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.
Action: Approved recommendation.
Ventura City Council Minutes
www.cityofventura .ca.gov
7 CONSENT ITEMS (CONTINUED)
9. Construction Contract PW24-1134 with Taft Electric. Inc. and Professional Services Agreement PW23-1115 with Kimley-Horn and Associates. Inc. for Proiect 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 the 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.
April 9, 2024 Ventura City Council Minutes
www .cityofventura .ca.gov
8 CONSENT ITEMS (CONTINUED)
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.
Public Speakers: Trevor Gotsman
Action:
Vote:
M/S/C (McReynolds/Halter) to approve the staff
recommendation. Agreement PW23-1115
All Ayes
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)
April 9, 2024
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.
Action: Approved recommendation. Agreement 2022-069.1
Ventura City Council Minutes
www.cityofventura.ca.gov
9 CONSENT ITEMS (CONTINUED)
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.
Action: Approved recommendation . Agreement 2021-058.5
Council Recess 7:31 p.m. - 7:56 p.m.
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 .
12. Adoption of User and Regulatory Fees
April 9, 2024
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.
Public Speakers:
Action:
Vote:
Stephanie Caldwell
M/S/C (Johnson/Schroeder) to approve the staff
recommendation. Resolution 2024-18
All Ayes
Ventura City Council Minutes
www . cityofventu ra. ca. gov
10 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 April 9, 2024
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.
Public Speakers:
Action:
Vote:
Veronica Garcia
M/S/C (McReynolds/Campos) to approve the
staff recommendation. Resolution 2024-19
All Ayes
Ventura City Council Minutes
www.cityofventura .ca.gov
11 FORMAL ITEMS (CONTINUED)
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.
Public Speakers: Stephanie Caldwell
Action: Discussion held. No action taken.
Councilmember Johnson absent at 10:31 p.m.
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.
Action: No Discussion. Item continued to May 7, 2024 .
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.
Action: No Discussion. Item continued to May 7, 2024.
PUBLIC COMMUNICATIONS:
Public Speakers: Spencer Noren
April 9, 2024 Ventura City Council Minutes
www.cityofventura .ca.gov
12 ADJOURNMENT
Meeting adjourned at 11 :03 p.m.
I hereby certify that this is a true and correct record of the City Council meeting held on April 9, 2024. ~
MM~
Michael B. MacDonald, CMC
City Clerk
April 9, 2024 Ventura City Council Minutes
www .cityofventura.ca.gov
13