April 23, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
REVISED CITY COUNCIL AGENDA
TUESDAY, APRIL 23, 2024
REVISED CLOSED SESSION ITEM 1 ON APRIL 19, 2024
CLOSED SESSION – 4:00 P.M.
REGULAR MEETING - 5:00 P.M.
CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001 TELECONFERENCE LOCATION: HYATT HOUSE
TEMPE/PHOENIX/UNIVERSITY,601 E 6TH STREET TEMPE, AZ 85281
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
Miles Hogan
Acting 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=m51248df43088b9844a5a4bf06305cf4d 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: 2556 556 8404 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 23, 2024 Ventura City Council Agenda
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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 EMPLOYMENT
Title: Interim City Attorney/ City Attorney
Authority: Government Code Section 54957
2. CONFERENCE WITH LABOR NEGOTIATORS
City Negotiators: TBD
Unrepresented Employee: City Attorney
Authority: Government Code Section 54957.6
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: One case
Authority: Government Code Section 54956.9(d)(4)
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Open Main Street v. City of San Buenaventura (Ventura County Superior Court Case No. 2024CUWM021824)
Authority: Government Code Section 54956.9(d)(1)
5. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION One Case
Authority: Government Code Section 54956.9(d)(2)
6. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Name of Case: Santa Barbara Channelkeeper v. State Water Resources Control Board and City of San Buenaventura, Los Angeles Superior Court Case No.: 19STCP01176 (previously San Francisco Superior Court Case No.: CPF-14-513875)
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 23, 2024 Ventura City Council Agenda
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SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Business of the Month / Green Business Awards
• National Therapy Animal Day Proclamation
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
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. Ite ms 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. Legal Services Agreement First Amendment with Rutan & Tucker for Livable Ventura v. City of San Buenaventura VCSC case no. 2023CUWM013832
Staff: Miles Hogan, Acting City Attorney
RECOMMENDATION
Authorize the City Attorney, or designee, to enter into a First Amendment to Agreement no. P2024 -064 with the law firm of Rutan & Tucker, in an amount not -to-exceed a total of $150,000 (an additional $90,000), to continue representation of the City in the Livable Ventura v. City of San Buenaventura, et al litigation matter.
2. Request for Authorization to Initiate Indemnity Agreement with Downtown Ventura Organization
Staff: Miles Hogan, Acting City Attorney
RECOMMENDATION
Authorize the City Manager to enter into an indemnity agreement with Downtown Ventura Organization whereby the City agrees to defend and indemnify D owntown Ventura Organization in the currently pending lawsuit brought by Open Main Street against the City.
3 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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3. Approval of City Council Minutes – Workshop Meeting held on March 19, 2024 and Regular Meetings held on March 26, 2024 and April 09, 2024
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Workshop Meeting held on March 19, 2024 and Regular Meetings held on March 26, 2024 and April 09, 2024.
4. Appointment Recommendations to the Measure O Citizens Oversight Committee
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Appoint City of Ventura residents to fill three vacancies on the Measure O Citizens Oversight Committee.
5. Main Street Moves License Agreement and Fee Structure Notice of Exemption
Staff: Bill Ayub, City Manager
RECOMMENDATION
Determine the Main Street Moves license agreement and fee structure program is categorically exempt pursuant to Sections 15303, 15304, and 15311of the California Environmental Quality Act (CEQA) Guidelines.
6. Self-Contained Breathing Apparatus Purchase
Staff: David Endaya, Fire Chief
RECOMMENDATION
a. Authorize the City Manager, or designee, to execute a Purchase Order with Bauer Compressors not -to-exceed $1,403,062 for the purchase of Self -Contained Breathing Apparatus (SCBA) and any necessary accessories.
b. Authorize the Finance department to increase appropriations from the Paramedic Cash Assigned Fund Balance in the amount of $1,403,062 to support the purchase.
4 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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7. Professional Services Agreement with the Pun Group, LLP for Annual Independent Auditing Services for the Fiscal Years Ending June 30, 2024, 2025, 2026
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
Authorize the City Manager, or designee, to enter into a Professional Services Agreement with The Pun Group, LLP from April 23, 2024 to June 30, 2027 in the amount not -to-exceed $658,932 to conduct annual independent audits for the City and other services.
8 Revised Salary Resolutions
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
a. Adopt a Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Supervisory Unit Employees as of April 27, 2024. Resolution titled:
“A RESOLUTION PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF POSITIONS AND A STANDARDIZATION OF SALARIES OF
SUPERVISORY UNIT EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF APRIL 27, 2024”
b. Adopt a Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Professional Unit Employees as of April 27, 2024. Resolution titled:
“A RESOLUTION PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF POSITIONS AND A STANDARDIZATION OF SALARIES OF
PROFESSIONAL UNIT EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF APRIL 27, 2024”
5 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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9. Approval of Side Letter of Agreement with Ventura City Firefighters’ Association (VCFA) regarding Temporary Change in Uniform Allowance Pay (Supplemental Material Received)
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Approve and authorize the City Manager to execute on behalf of the City a Side Letter of Agreement between the City and Ventura City Firefighters’ Association, providing a temporary change in uniform allowance pay.
10. Equipment Lease Agreement with PNC Bank for Lithium Golf and Utility Carts
Staff: Stacey Zarazua, Parks and Recreation Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a Lease Agreement with PNC Bank for eighty (80) 2024 EZ-GO RXV Elite Lithium Golf Carts for a term of sixty months with a monthly payment of $10,372 for a total amount of $622,338.
b. Approve and authorize the City Manager, or designee, to execute a Lease Agreement with PNC Bank for two (2) 2024 EZ-GO RXV Elite Freedom Lithium Golf Carts for a term of sixty months with a monthly payment of $660 for a total amount of $39,607.
11. Professional Services Agreement PW24 -1133 with Flowers & Associates, Inc. for Design Services for Hilltop Drive Slope Erosion and Slope Stabilization Project
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Professional Services Agreement with Flowers & Associates, Inc. in the amount of $71,215 with a contract completion date of December 31, 2024.
6 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum
contingency of $7,122 for a total not-to-exceed Agreement amount of $78,337 and to extend the term of the Agreement up to six months pursuant to San Buenaventura Municipal Code section 4.600.200.
12. Construction Contract 2021-051 Second Amendment with Sam Hill & Sons, Inc. to Increase the Contract Not -to-Exceed Amount for the Pierpont Nuisance Sand Removal Project
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the Second Amendment to Public Works Construction Contract No. 2021-051 with Sam Hill & Sons, Inc. in the amount of $681,807 for a new not -to- exceed contract amount of $1,468,020, cumulatively for the remaining two years of the five-year contract.
13. Professional Services Agreement PW23 -1092 First Amendment with Flowers & Associates, Inc. for Construction Contract Administration Services on Project 97955 – Waterline - Midtown to Westside Interconnection
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the First Amendment to Professional Services Agreement PW23-1092 with Flowers & Associates, Inc. increasing the total contract not -to-exceed amount of $644,300 by $417,400 for a total of $1,061,700, which includes a $59,000 contingency.
7 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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14. Professional Services Agreement P2022-052 Fourth Amendment with United Water Conservation District for Groundwater Modeling Work Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement P2022 -052 with United Water Conservation District; term April 23, 2024 to June 30, 2026; not -to-exceed $23,747 during the duration of the contract pursuant to section 4.600.140 of the Municipal Code.
b. Authorize the City Manager, or designee, to execute amendments to the Agreement in an amount up to $4,694 in contingency funding for a total contract not-to-exceed amount of $88,441 and a time extension of 365 days.
15. Professional Services Agreement P2020 -042 Third Amendment with Hopkins Groundwater Consultants, Inc. for Hydrogeological Investigations to Support Groundwater Replenishment
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Third Amendment to Professional Services Agreement P2020 -042 with Hopkins Groundwater Consultants, Inc; term April 23, 2024 to December 31, 2027; not -to-exceed $260,030 during the duration of the contract pursuant to section 4.600.140 of the Municipal Code. b. Authorize the City Manager, or designee, to execute future amendments to the agreement of up to $26,000 for a total contract not to exceed amount of $606,030 during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code and a total time extension of 365 calendar days.
8 CONSENT ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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16. Professional Services Agreement 2022-016 Second Amendment with HDR Engineering, Inc. for Design of the VenturaWaterPure Program Outfall Pump Station
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Second Amendment to Professional Services Agreement No. 2022 - 016 with HDR Engineering, Inc. to increase the agreement amount by $248,561 to $3,547,481 and extend the contract period to a completion date of December 31, 2026.
b. Authorize the City Manager, or designee, to execute amendments to the Agreement in an amount up to $24,856 in contingency funding for a total contract not to exceed amount of $3,572,337 and to extend for up to 365 days.
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.
17. Ordinance to Modify the Policy for Water Connections Outside City Limits for the Saticoy Community
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Introduce and approve the first reading of an Ordinance modifying the policy for Water Connections Outside City Limits for the Saticoy Community. Ordinance titled:
“AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING SECTION
22.110.055 OF THE SAN BUENAVENTURA MUNICIPAL CODE TO
MODIFY THE POLICY FOR WATER CONNECTIONS OUTSIDE
CITY LIMITS FOR THE SATICOY COMMUNITY”
b. Set the second reading of the Ordinance at the next regular City Council meeting at which notice can be provided.
9 FORMAL ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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18. Professional Services Agreement with Hazen and Sawyer for Advanced Water Purification Design (Supplemental Material Received) Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Receive an update from the Water Commission VenturaWaterPure Ad Hoc Subcommittee on its review of the VenturaWaterPure Program cost estimates.
b. Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Hazen and Sawyer; term April 23, 2024 to June 30, 2026; not -to-exceed $12,090,297 during the duration of the contract pursuant to section 4.600.140 of th e Municipal Code.
c. Authorize the City Manager, or designee, to execute future amendments to the Professional Service Agreement with Hazen and Sawyer up to $1,210,000 for a total contract not to exceed amount of $13,300,297 during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code and a total time extension of 365 calendar days.
19. City Council Meeting Schedule Review
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Review the 2024 City Council meeting schedule and provide feedback regarding the new meeting date and time for 2024.
20. Transmittal of Fiscal Year 2025 Proposed Operating and Capital Improvement Budget
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
Receive the FY 2025 Proposed Operating and Capital Improvement Budget. 10 FORMAL ITEMS (CONTINUED)
April 23, 2024 Ventura City Council Agenda
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21. POLICY CONSIDERATION – Building and Safety Policy Considerations Introduced by: Doug Halter, Councilmember, District 2
Bill McReynolds, Councilmember, District 5
RECOMMENDATION
Direct staff to review items 1 through 5 for implementation, feasibility, and timeframe to improve the ease of use, understanding and efficiency of our permitting process.
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 t hree (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, 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.
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.
11 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 16, 2024, at 6:00 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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