Tuesday, May 7, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
REVISED CITY COUNCIL AGENDA
REMOVED ITEM 15 – FLAG DISPLAY POLICY ON MAY 1, 2024
ADDED ITEM 15A AND REVISED ITEM 4 ON MAY 2, 2024
TUESDAY, MAY 7, 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
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.
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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 .
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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
Authority: Government Code Section 54957
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Claimant: Hilda Chavez de Marquez
Date of Injury: 4/20/2021
WCAB Case Number(s): Pending
Authority: Government Code Section 54956.9 (d) (1)
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Open Main Street v. City of San Buenaventura (Ventura County Superior Court Case No. 2024CUWM021824) Date of Injury: 4/20/2021
Authority: Government Code Section 54956.9(d)(1)
4. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE
LITIGATION
One Case
Authority: Government Code Section 54956.9(d)(2)
ADJOURNMENT: Adjourn to Regular Meeting.
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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
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SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
• Presentation from Interface Children & Family Services
• AAPI Heritage Month 2024 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
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) min utes 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 Report.
1. Legal Services Agreement P2023-025 First Amendment with the Law Firm of Wood & Finck in the Guzman v. State of California, et al., VCSC case no. 56-2021-00560435-CU-PA-VTA
Staff: Miles Hogan, Acting City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement no. P2023 -025 with the law firm of Wood & Finck, in an amount not to exceed a total of $360,000, to continue representation of the City in the Guzman v. State of California, et al litigation matter.
3 CONSENT ITEMS (CONTINUED)
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2. Legal Services Agreement P2024-013 First Amendment with the Law Firm of Wood & Finck in the McMillan v. County of Ventura, et al., VCSC case no. 2023CUPP8521
Staff: Miles Hogan, Acting City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement no. P2024-013 with the law firm of Wood & Finck, in an amount not -to- exceed a total of $360,000, to continue representation of the City in the McMillan v. County of Ventura, et al litigation matter.
3. Ordinance for Second Reading - An Ordinance 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
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Waive the second reading in full and adopt an Ordinance 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. 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”
4. City Council Meeting Schedule Update
(Item revised)
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
a. Approve redesignating the May 14, August 13, and October 15, 2024 Workshop meetings as Regular meetings.
b. Approve moving the June 11, 2024 Regular meeting to June 4, 2024 and the November 5, 2024 Regular meeting to Tuesday, November 19, 2024.
4 CONSENT ITEMS (CONTINUED)
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5. Resolution of Intention to Renew the Ventura County Coast Tourism Business Improvement District
Staff: Bill Ayub, City Manager
RECOMMENDATION
Adopt a Resolution of Intention to renew the Ventura County Coast Tourism Business Improvement District. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA DECLARING ITS INTENTION TO RENEW THE
VENTURA COUNTY COAST TOURISM BUSINESS IMPROVEMENT
DISTRICT (VCCTBID) AND FIXING THE TIME AND PLACE OF A
PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING
NOTICE THEREOF”
6. City Council Goals Progress Updates
Staff: Bill Ayub, City Manager
RECOMMENDATION
a. Receive and file progress updates on the pending City Council goals.
b. Instruct staff to provide status updates on previous year goals that are not complete, including goals that contain fully funded Capital Improvement Plans.
7. Professional Services Agreement 2018 -004 Eighth Amendment with Galvin Preservation Associates and Professional Services Agreement 2018 -003 Fourth Amendment with David Evans and Associates for the US 101/California Street Off -Ramp Relocation to Oak Street
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Eighth Amendment to Professional Services Agreement 2018 -004 with Galvin Preservation Associates adding $31,180 for a new not -to- exceed contract total of $544,548 and extending the contract completion date to September 30, 2025.
5 CONSENT ITEMS (CONTINUED)
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b. Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement 2018 -003 with David Evans and Associates in the amount adding $32,930 for a new contract not -to-exceed total of $348,663 and extending the contract completion date of September 30, 2025.
c. Authorize the City Manager, or designee, to execute future amendments to the subject agreement with Galvin Preservation Associates up to a total time extension of 180 days.
d. Authorize the City Manager, or designee, to execute future amendments to subject agreement with David Evans and Associates up to a total time extension of 180 days.
8. Ordinance to Update Local Limits and Definitions in the City’s Sewer Use Ordinance
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Introduce and approve the first reading of an Ordinance modifying the City’s Sewer Use Ordinance to reflect the revised final local limits and updated definitions required by the Regional Board and United States Environmental Protection Agency. Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING SECTIONS
22.240.160 AND 22.240.240 OF THE SAN BUENAVENTURA
MUNICIPAL CODE TO UPDATE THE LOCAL LIMITS AND
DEFINITIONS IN THE CITY’S SEWER USE ORDINANCE”
b. Set the second reading of the Ordinance at the next regular City Council meeting at which notice can be provided.
6 CONSENT ITEMS (CONTINUED)
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9. Professional Services Agreement P2020 -042 Third Amendment with Hopkins Groundwater Consultants, Inc. for Hydrogeological Investigations to Support Groundwater Replenishment
(Continued from April 23, 2024)
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; increasing not-to-exceed amount to $551,550.
b. Authorize the City Manager, or designee, to execute future amendments to the agreement of up to $ 54,480 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.
10. Master Computer Software Agreement 2013 -029 Fifteenth Amendment with Systems & Software, Inc. for Ventura Water Utility Billing Support
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute Amendment No. 15 to Agreement No. 2013 -029, with Systems & Software, Inc., adding $348,696.71 to the not -to-exceed compensation to allow Systems & Software, Inc. to continue to provide software support for the utility billing and Advanced Metering Infrastructure systems through June 30, 2025.
b. Authorize the City Manager, or designee, to execute future amendments in an amount not -to-exceed an additional $27,994.67 in authorized contingency funding for training or other programming needs.
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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.
11. Adoption of the 2024 -2025 Annual Action and Funding Plan – Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME)
(Item continued to May 14, 2024)
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Conduct a public hearing and receive comments.
b. Adopt a Resolution to approve the following for the U.S. Department of Housing and Urban Development (HUD) submission:
• 2024-2025 Annual Action and Funding Plan that details the goals and uses of CDBG and HOME funds.
• 2024-2025 CDBG award in the amounts described in Attachment B for eligible program activities.
• 2024-2025 HOME award in the amounts described in Attachment B for eligible program activities.
c. Authorize the submission by the City Manager to HUD of the 2024 - 2025 Action Plan and its related certifications and federal forms.
d. Authorize the Finance Department to make necessary changes to revenues and expenditures in the 2024-2025 operating budget per the approved Action Plan.
e. Authorize the Community Development Director, or designee, to execute Subrecipient and Loan Agreements, as necessary, for 2024 - 2025 CDBG funding, and to adjust funding of a project, as needed, based on grant award by HUD and according to the Citizen Participation Plan, including adjustments to the allocations and expenditures of prior and current year program income up to ten percent per project.
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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.
12. Stormwater Regulations, Watersheds, and Water Quality Update (Continued from April 9, 2024)
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Receive a presentation providing an update on the City’s Stormwater Compliance Program.
13. Pierpont Beach Management Plan Update
(Continued from April 9, 2024)
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Receive a presentation providing an update on the progress of developing a Pierpont Beach Management Plan.
14. Employment Agreement for the Interim City Attorney
Introduced by: Joe Schroeder, Mayor, District 7
Jeannette Sánchez-Palacios, Deputy Mayor, District 4
RECOMMENDATION
Adopt a Resolution approving an Employment Agreement for Interim City Attorney.
15A. POLICY CONSIDERATION – Building and Safety Policy
Considerations (Continued from 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 for our permitting process.
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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 .
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, C A 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 Tuesday, April 30, 2024, at 4:30 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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