CITY O F VENT UR.A
CITY COUNCIL MINUTES
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 DISTRICT 1 - LIZ CAMPOS
DISTRICT 2 - DOUG HALTER
DISTRICT 3 - MIKE JOHNSON
Bill Ayub
City Manager
JOESCHROEDER,MAYOR
Councilmembers:
DISTRICT 6 - JIM DURAN
DISTRICT 5 - BILL MCREYNOLDS
DISTRICT 4 - DR. JEANNETTE SANCHEZ-
Miles Hogan
Acting 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 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 .
April 23, 2024 Ventura City Council Minutes
www. cityofventu ra. ca. gov
CALL TO ORDER- CLOSED SESSION: 4:01 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Duran, McReynolds, Johnson, Halter, Campos, and Mayor Schroeder
Deputy Mayor Dr. Sanchez-Palacios
Deputy Mayor Dr. Sanchez-Palacios arrived at 4:03 p.m.
Mayor Schroeder presiding
PUBLIC COMMUNICATIONS: None
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: 5:00 p.m.
April 23, 2024 Ventura City Council Minutes
www.cityofventura.ca.gov
2 CALL TO ORDER - REGULAR SESSION: 5:05 p.m.
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 Duran
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Business of the Month / Green Business Awards
• National Therapy Animal Day Proclamation
CLOSED SESSION REPORT: Acting City Attorney Miles Hogan reported that there was no reportable action.
CITY COUNCIL COMMUNICATIONS
CITY MANAGER COMMUNICATIONS
CONSENT ITEMS:
Supplemental Packet:
Action:
Vote:
Communications posted online.
No speakers. M/S/C (Halter/Duran)) to approve the
consent items 2, 4, 5, 6, 7, 8, 9, 11, 12, and 13 in one motion as presented.
All Ayes
1. Legal Services Agreement First Amendment with Rutan & Tucker for Livable Ventura v. City of San Buenaventura VCSC case no. 2023CUWM013832
April 23, 2024
Staff: Miles Hogan, Acting City Attorney
Ventura City Council Minutes
www .cityofventura.ca .gov
3 CONSENT ITEMS (CONTINUED)
RECOMMENDATION
2. 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.
Public Speakers:
Action:
Vote:
Natalie Bruton
M/S/C (McReynolds/Duran) to approve the staff
recommendation.
Ayes: Duran, McReynolds, Halter, Deputy Mayor
Dr. Sanchez-Palacios, Mayor Schroeder ; Noes:
Johnson, Campos; Abstain: None; Absent: None
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 Downtown Ventura Organization in the currently pending lawsuit brought by Open Main Street against the City.
Action: Approved recommendation .
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
April 23, 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.
Action:
Vote:
No speakers . M/S/C (Johnson/Campos) to approve the minutes with the addition of a public statement read by Councilmember Johnson to the April 9, 2024 meeting and to indicate in the closed session minutes of April 9, 2024 that Councilmember Campos was directed to not participate.
All Ayes
Ventura City Council Minutes
www .cityofventura .ca.gov
4 CONSENT ITEMS (CONTINUED)
4. 5.
6. April 23, 2024
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 0 Citizens Oversight Committee.
Action: Approved recommendation.
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 15311 of the California Environmental Quality Act (CEQA) Guidelines.
Action: Approved recommendation.
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.
Action: Approved recommendation.
Ventura City Council Minutes
www .cityofventura .ca.gov
5 CONSENT ITEMS (CONTINUED)
7. 8
April 23, 2024
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.
Action: Approved recommendation. Agreement 2024-07
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"
Action: Approved recommendation. Resolutions 2024-20 and 2024-21 Ventura City Council Minutes
www.cityofventura .ca.gov
6 CONSENT ITEMS (CONTINUED)
9. Approval of Side Letter of Agreement with Ventura City Firefighters' Association (VCFA) regarding Temporary Change in Uniform Allowance Pay
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.
Action: Approved recommendation.
10. Equipment Lease Agreement with PNC Bank for Lithium Golf and Utility Carts
April 23, 2024
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 .
Action:
Vote:
No speakers. M/S/C (Duran/Halter) to approve the staff
recommendation.
Ayes: Duran, McReynolds, Halter, Campos, Deputy Mayor Dr.
Sanchez-Palacios, and Mayor Schroeder; Noes: Johnson;
Abstain: None; Absent: None. Agreements 2024-08 and
2024-09.
Ventura City Council Minutes
www.cityofventura .ca.gov
7 CONSENT ITEMS (CONTINUED)
11. Professional Services Agreement PW24-1133 with Flowers & Associates, Inc. for Design Services for Hilltop Drive Slope Erosion and Slope Stabilization Proiect
12. April 23, 2024
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.
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.
Action: Approved recommendation. Agreement 2024-10
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 Proiect
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.
Action: Approved recommendation. Agreement 2021-051.2
Ventura City Council Minutes
www . cityofventu ra. ca. gov
8 CONSENT ITEMS (CONTINUED)
13. Professional Services Agreement PW23-1092 First Amendment with Flowers & Associates, Inc. for Construction Contract Administration Services on Proiect 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.
Action: Approved recommendation. Agreement PW23-1092.1
14. Professional Services Agreement P2022-052 Fourth Amendment with United Water Conservation District for Groundwater Modeling Work April 23, 2024
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.
Action:
Vote:
No speakers. M/S/C (Johnson/Campos) to approve the staff recommendation. Agreement P2022-052.4
All Ayes
Ventura City Council Minutes
www .cityofventura.ca.gov
9 CONSENT ITEMS (CONTINUED)
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.
Public Speakers: Burt Handy
Action:
Vote:
M/S/C (Johnson/Schroeder) to direct staff to return the item at a later date.
All Ayes
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 HOR 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.
April 23, 2024 Ventura City Council Minutes
www.cityofventura .ca.gov
10 CONSENT ITEMS (CONTINUED)
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.
Public Speakers:
Action:
Vote:
FORMAL ITEMS:
Burt Handy
M/S/C (Duran/Halter) to approve the staff
recommendation. Agreement 2022-016.2
Ayes: Duran, McReynolds, Halter, Deputy Mayor
Dr. Sanchez-Palacios, Mayor Schroeder; Noes:
Johnson, Campos; Abstain: None; Absent: None
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 .
Supplemental Packet: Communications posted online.
Public Speakers: Sky Sunner, George Amandola
Action: M/S/C (Dr. Sanchez-Palacios/Campos) to
approve the staff recommendation. Ordinance
2024-03
Vote: All Ayes
April 23, 2024 Ventura City Council Minutes
www.cityofventura .ca.gov
11 FORMAL ITEMS (CONTINUED)
Council Recess 7:01 p.m. - 7:24 p.m.
18. Professional Services Agreement with Hazen and Sawyer for Advanced Water Purification Design
April 23, 2024
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 the 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.
Public Speakers:
Action:
Vote:
Tevin Schmitt, Patty Overley, George Amandola,
Spencer Noren, Burt Handy, Annelisa Moe
M/S/C (McReynolds/Sanchez-Palacios) to direct
staff to continue the item to allow staff to return
with more information on the rate study.
All Ayes
Ventura City Council Minutes
www.cityofventura .ca.gov
12 FORMAL ITEMS (CONTINUED)
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.
Public Speakers:
Action:
Alex Mangone, Glenn Overley , Marco Cuevas
Discussion held. City Council provided feedback
and staff will return with an updated meeting
schedule .
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.
Public Speakers:
Action:
Spencer Noren, George Amandola , Patty
Overley
No Speakers. Discussion held. Fiscal Year 2025
Proposed Operating and Capital Improvement
Budget received.
21. POLICY CONSIDERATION - Building and Safety Policy Considerations April 23, 2024
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 .
Action: No discussion. The item was continued to a
future meeting .
Ventura City Council Minutes
www.cityofventura .ca.gov
13 PUBLIC COMMUNICATIONS:
Public Speakers: Spencer Noren
ADJOURNMEN T
Meeting adjourned at 10:36 p.m. to Closed Session. Meeting adjourned in honor of Raymond Quinones.
I hereby certify that this is a true and correct record of the City Council meeting held on April 23, 2024.
~~M~ Mic ael B. MacDonald, CMC
City Clerk
April 23, 2024 Ventura City Council Minutes
www.cityofventura .ca.gov
14